Education Bill [HL]

House of Lords

Session 2004 - 05
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Other Bills before Parliament

Education Bill [HL]

Education Bill [HL]
Schedule 13 — The Training and Development Agency for Schools
119

Agency to make to that person a payment of such amount as the Secretary
of State may determine.
      (3)
The Agency must pay to the members of any of their committees who are not
members of the Agency such travelling, subsistence or other allowances as
the Secretary of State may determine.
5
      (4)
A determination or direction of the Secretary of State under this paragraph
requires the approval of the Treasury.
Staff
6     (1)
The Agency may appoint such employees as they think fit.
      (2)
The Agency may pay to their employees such remuneration and allowances
10
as the Agency may determine.
      (3)
The employees are to be appointed on such other terms and conditions as
the Agency may determine.
      (4)
A determination under sub-paragraph (2) or (3) requires the approval of the
Secretary of State given with the consent of the Treasury.
15
7     (1)
Employment with the Agency continues to be included among the kinds of
employment to which a scheme under section 1 of the Superannuation Act
1972 (c. 11) can apply.
      (2)
The Agency shall pay to the Treasury, at such times as the Treasury may
direct, such sums as the Treasury may determine in respect of the increase
20
attributable to sub-paragraph (1) in the sums payable out of money
provided by Parliament under that Act.
      (3)
Where an employee of the Agency is, by reference to that employment, a
participant in a scheme under section 1 of that Act and is also a member of
the Agency, the Treasury may determine that his service as such a member
25
shall be treated for the purposes of the scheme as service as an employee of
the Agency (whether or not any benefits are payable to or in respect of him
by virtue of paragraph 5).
Committees
8     (1)
The Agency may establish a committee for any purpose.
30
      (2)
The number of the members of a committee established under this
paragraph, and the terms on which they are to hold and vacate office, shall
be fixed by the Agency.
      (3)
Such a committee may include persons who are not members of the Agency.
      (4)
The Agency shall keep under review the structure of committees established
35
under this paragraph and the scope of each committee’s activities.
Delegation of functions
9
The Agency may authorise the chairman, the chief officer or any committee
established under paragraph 8 to exercise such of their functions as they
may determine.
40

Education Bill [HL]
Schedule 13 — The Training and Development Agency for Schools
120

Proceedings
10
Without prejudice to any other rights the Secretary of State may require to
be accorded to him as a condition of any grants made to the Agency under
this Act—
(a)
a representative of the Secretary of State is entitled to attend and take
5
part in deliberations (but not in decisions) at meetings of the Agency
or of any committee of the Agency, and
(b)
the Agency must provide the Secretary of State with such copies of
any documents distributed to members of the Agency or of any such
committee as he may require.
10
11
Without prejudice to any other rights the Assembly may require to be
accorded to it as a condition of any grants made to the Agency under this
Act—
(a)
a representative of the Assembly is entitled to attend and take part in
deliberations (but not in decisions) at meetings of the Agency or of
15
any committee of the Agency, and
(b)
the Agency must provide the Assembly with such copies of any
documents distributed to members of the Agency or of any such
committee as the Assembly may require.
12    (1)
The Chief Inspector for England, or a representative of his, is entitled to
20
attend and take part in deliberations (but not in decisions) at meetings of the
Agency or of any committee of the Agency.
      (2)
The Agency must provide the Chief Inspector for England with such copies
of any documents distributed to members of the Agency or of any such
committee as he may require.
25
13
The validity of any proceedings of the Agency or of any committee of the
Agency is not affected by a vacancy among the members or by any defect in
the appointment of a member.
14
Subject to the preceding provisions of this Schedule, the Agency may
regulate their own procedure and that of any of their committees.
30
Application of seal and proof of instruments
15
The application of the seal of the Agency is authenticated by the signature—
(a)
of the chairman or of some other person authorised either generally
or specially by the Agency to act for that purpose, and
(b)
of one other member.
35
16
Every document purporting to be an instrument made or issued by or on
behalf of the Agency and to be duly executed under the seal of the Agency,
or to be signed and executed by a person authorised by the Agency to act in
that behalf, is to be received in evidence and to be treated, without further
proof, as being so made or issued unless the contrary is shown.
40
Accounts
17    (1)
It is the duty of the Agency—
(a)
to keep proper accounts and proper records in relation to the
accounts,

Education Bill [HL]
Schedule 14 — Amendments relating to the training of the school workforce
121

(b)
to prepare in respect of each financial year of the Agency a statement
of accounts, and
(c)
to send copies of the statement to the Secretary of State and to the
Comptroller and Auditor General before the end of the month of
August next following the financial year to which the statement
5
relates.
      (2)
The statement of accounts must comply with any directions given by the
Secretary of State with the approval of the Treasury as to—
(a)
the information to be contained in it,
(b)
the manner in which the information contained in it is to be
10
presented, or
(c)
the methods and principles according to which the statement is to be
prepared,

and must contain such additional information as the Secretary of State may
with the approval of the Treasury require to be provided for the information
15
of Parliament.
      (3)
The Comptroller and Auditor General must examine, certify and report on
each statement received by him in pursuance of this paragraph and shall lay
copies of each statement and of his report before each House of Parliament.
      (4)
In this paragraph “financial year” means each period of twelve months
20
beginning with 1st April.
Annual reports
18
The Agency—
(a)
must make an annual report to the Secretary of State, who must lay
a copy of it before each House of Parliament, and
25
(b)
may arrange for the report to be published in such manner as the
Agency consider appropriate.
Status of Agency
19
The Agency are not to be regarded as the servant or agent of the Crown or
as enjoying any status, immunity or privilege of the Crown; and the
30
property of the Agency is not to be regarded as property of, or property held
on behalf of, the Crown.
Schedule 14
Section 95

Amendments relating to the training of the school workforce
Public Records Act 1958 (c. 51)
35
1
In Schedule 1 to the Public Records Act 1958 (definition of public records),
in Part 2 of the Table at the end of paragraph 3, at the appropriate place
insert—
“Training and Development Agency for Schools”.

Education Bill [HL]
Schedule 14 — Amendments relating to the training of the school workforce
122

Parliamentary Commissioner Act 1967 (c. 13)
2
In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments
and authorities subject to investigation), at the appropriate place insert—
“Training and Development Agency for Schools”.
Superannuation Act 1972 (c. 11)
5
3
In Schedule 1 to the Superannuation Act 1972 (which lists the kinds of
employment etc. referred to in section 1 of that Act), for “Teacher Training
Agency” substitute “Training and Development Agency for Schools”.
House of Commons Disqualification Act 1975 (c. 24)
4
In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975
10
(disqualifying offices), at the appropriate place insert—
“Any member of the Training and Development Agency for
Schools in receipt of remuneration.”
Sex Discrimination Act 1975 (c. 65)
5
In section 23D of the Sex Discrimination Act 1975 (discrimination by Teacher
15
Training Agency)—
(a)
for “Teacher Training Agency” (both in the section and in the
heading) substitute “Training and Development Agency for
Schools”, and
(b)
for “Part 1 of the Education Act 1994” substitute “any enactment”.
20
6
In section 25 of the Sex Discrimination Act 1975 (general duty in public
sector of education), in subsection (6) for paragraph (f) substitute—
“(f)
the Training and Development Agency for Schools.”
Race Relations Act 1976 (c. 74)
7
In section 18D of the Race Relations Act 1976 (discrimination by Teacher
25
Training Agency)—
(a)
for “Teacher Training Agency” (both in the section and in the
heading) substitute “Training and Development Agency for
Schools”, and
(b)
for “Part 1 of the Education Act 1994” substitute “any enactment”.
30
8
In Schedule 1A (bodies and other persons subject to general statutory duty)
in Part 2, for the entry relating to the Teacher Training Agency substitute—
“The Training and Development Agency for Schools.”
Education (Fees and Awards) Act 1983 (c. 40)
9
In section 1 of the Education (Fees and Awards) Act 1983 (fees at universities
35
and further education establishments), in subsection (3) for paragraph (e)
substitute—
“(e)
any training provider, within the meaning of Part 3 of the
Education Act 2005 (training the school workforce), who is
receiving financial support under section 75 of that Act from
40
the Training and Development Agency for Schools;