Education Bill [HL]

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Session 2004 - 05
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Other Bills before Parliament

Education Bill [HL]

Education Bill [HL]
Schedule 14 — Amendments relating to the training of the school workforce
130

Education Act 2002 (c. 32)
23    (1)
Section 14 of the Education Act 2002 (power of Secretary of State and
Assembly to give financial assistance for purposes related to education or
childcare) is amended as follows.
      (2)
After subsection (2) insert—
5
“(2ZA)
In subsection (2)(g), “training for teachers or for non-teaching staff”
includes—
(a)
any training or education (whether or not constituting higher
education) with the object of fitting persons to be teachers or
non-teaching staff, or better teachers or non-teaching staff,
10
and
(b)
any assessment related to the award of a qualification or
status to teachers or non-teaching staff, or prospective
teachers or non-teaching staff.”
      (3)
In the definition of “education” in subsection (3), after “but” insert “, except
15
in subsection (2ZA)(a),”.
24
In section 145 of the Education Act 2002 (specification of qualification or
course), in subsections (1)(c) and (3), for “Teacher Training Agency”
substitute “Training and Development Agency for Schools”.
Higher Education Act 2004 (c. 8)
20
25    (1)
Section 23 of the Higher Education Act 2004 (duty of Secretary of State to
impose condition as to student fees, etc.) is amended as follows.
      (2)
In subsection (1)—
(a)
for “section 7 of the 1994 Act” substitute “section 78 of the 2005 Act”,
and
25
(b)
for “section 5 of the 1994 Act” substitute “section 75 of the 2005 Act”.
      (3)
In subsection (2), in paragraph (b) of the definition of “funding body”, for
“Teacher Training Agency” substitute “Training and Development Agency
for Schools”.
26
In section 24 of the Higher Education Act 2004 (condition to be imposed by
30
English funding bodies), in subsection (4)(c), for “section 5 of the 1994 Act”
substitute “section 75 of the 2005 Act”.
27
For section 27 of the Higher Education Act 2004 (power of Assembly to
impose conditions as to student fees, etc.) substitute—
“27
Power of National Assembly for Wales to impose conditions as to
35
student fees, etc.
“(1)
The power of the Assembly to impose conditions under section 68(1)
of the 1992 Act or section 79(1) or 85(1) of the 2005 Act in relation to
grants paid to a funding body includes power to impose a condition
requiring the funding body to impose a condition under section 28 in
40
relation to any grants, loans or other payments made by the funding
body under section 65 of the 1992 Act, or (as the case may be) section
75 or 83 of the 2005 Act, to the governing body of a relevant
institution.

Education Bill [HL]
Schedule 14 — Amendments relating to the training of the school workforce
131

(2)
In this section—
“funding body” means—
(a)
the Higher Education Funding Council for Wales, or
(b)
the Training and Development Agency for Schools;
“relevant institution” means an institution specified by the
5
Assembly in a condition under subsection (1), or an
institution of a class so specified.”
28    (1)
Section 28 of the Higher Education Act 2004 (condition that may be required
to be imposed by HEFCW) is amended as follows.
      (2)
For the heading substitute “Condition that may be required to be imposed
10
by Welsh funding bodies”.
      (3)
In subsection (3), for “the Higher Education Funding Council for Wales”
substitute “the funding body”.
      (4)
In subsection (4)(c), for “section 5 of the 1994 Act” substitute “section 75 or
83 of the 2005 Act”.
15
      (5)
In subsection (6), after the definition of “the basic amount” insert—
“ “funding body” has the same meaning as in section 27;”.
29
In section 29 of the Higher Education Act 2004 (sections 23 to 28:
supplementary provisions), in subsection (3)—
(a)
for “the 1994 Act” substitute “the 2005 Act”, and
20
(b)
for “Teacher Training Agency” substitute “Training and
Development Agency for Schools”.
30
In section 31 of the Higher Education Act 2004 (Director of Fair Access to
Higher Education), in subsection (5), for “from the Teacher Training Agency
under section 5 of the 1994 Act” substitute “from the Training and
25
Development Agency for Schools under section 75 of the 2005 Act”.
31
In section 34 of the Higher Education Act 2004 (approval of plans), in
subsection (1) for “section 5 of the 1994 Act” substitute “section 75 or 83 of
the 2005 Act”.
32
In section 37 of the Higher Education Act 2004 (enforcement of plans:
30
England), in subsection (1)(a) for “Teacher Training Agency” substitute
“Training and Development Agency for Schools”.
33
In section 38 of the Higher Education Act 2004 (enforcement of plans:
Wales), after “the Council” insert “or the Training and Development Agency
for Schools”.
35
34
In section 40 of the Higher Education Act 2004 (provision of information), for
“Teacher Training Agency” (in both places) substitute “Training and
Development Agency for Schools”.
35    (1)
Section 41 of the Higher Education Act 2004 (interpretation of Part 3) is
amended as follows.
40
      (2)
In subsection (1)—
(a)
for the definition of “governing body” substitute—
“ “governing body” is to be read in accordance with
subsection (1A);”, and

Education Bill [HL]
Schedule 15 — Transitional and transitory provisions relating to Part 3
132

(b)
after the definition of “general provisions” insert—
“ “institution” includes any training provider (whether
or not the training provider would otherwise be
regarded as an institution);”.
      (3)
After subsection (1) insert—
5
“(1A)
In this Act any reference to the governing body of an institution—
(a)
in relation to any institution except a training provider falling
within paragraph (b), has the meaning given by section 90(1)
of the 1992 Act, but subject to any provision made by virtue
of section 90(2) of that Act, and
10
(b)
in the case of a training provider who but for subsection (1)
would not be regarded as an institution, means the training
provider.”
      (4)
In subsection (2)(a), for “section 5 of the 1994 Act” substitute “section 75 or
83 of the 2005 Act”.
15
      (5)
After subsection (2), insert—
“(3)
In subsections (1) and (1A), “training provider” has the same
meaning as in Part 3 of the 2005 Act.
36
In section 48 of the Higher Education Act 2004 (general interpretation)—
(a)
omit the definition of “the 1994 Act”, and
20
(b)
after the definition of “the 1998 Act” insert—
“ “the 2005 Act” means the Education Act 2005;”.
Schedule 15
Section 96

Transitional and transitory provisions relating to Part 3
Interpretation
25
1
In this Schedule “the 1994 Act” means the Education Act 1994 (c. 30).
Renaming of Agency
2
For any reference to the Teacher Training Agency in any subordinate
legislation or in any other instrument or document there is substituted, as
respects any time after the commencement of section 71, a reference to the
30
Training and Development Agency for Schools.
3
Any reference to the Training and Development Agency for Schools in this
Act (apart from section 71 and this Schedule) or in any instrument under this
Act is to be read, in relation to any time before the commencement of section
71, as a reference to the Teacher Training Agency.
35
Existing members of Agency
4
Any member of the Agency appointed under section 2 of the 1994 Act is to
be taken to have been appointed under section 74 of this Act.

Education Bill [HL]
Schedule 16 — Funding of maintained schools
133

Inspection of teacher training
5
In sections 18B and 18C of the 1994 Act (as substituted by Schedule 14) any
reference to anything done under either of those sections includes a
reference to anything done before the commencement of those sections
under section 18A of that Act.
5
Duty to have regard to needs of disabled persons
6     (1)
In exercising their functions, the Agency must have regard to the
requirements of persons who are disabled persons for the purposes of the
Disability Discrimination Act 1995 (c. 50).
      (2)
Sub-paragraph (1) is to cease to have effect on the coming into force in
10
relation to the Agency of section 49A of the Disability Discrimination Act
1995 (c. 50) (which is inserted in that Act by the Disability Discrimination
Act 2005 and imposes a similar duty on every public authority).
Schedule 16
Section 98

Funding of maintained schools
15
1
In this Schedule “the 1998 Act” means the School Standards and Framework
Act 1998 (c. 31).
Power to provide for budgets to relate to period other than financial year
2     (1)
Section 45 of the 1998 Act (maintained schools to have budget shares) is
amended as follows.
20
      (2)
In subsection (1) for “financial year” substitute “funding period”.
      (3)
After subsection (1A) insert—
“(1B)
In this Chapter “funding period” means a financial year or such other
period as may be prescribed.”
      (4)
In subsection (2)—
25
(a)
for “45A and” substitute “45A to”, and
(b)
for “financial year” substitute “funding period”.
Determination of budgets
3     (1)
Section 45A of the 1998 Act (determination of specified budgets of LEA) is
amended as follows.
30
      (2)
In subsection (1)—
(a)
for “financial year” substitute “relevant period”, and
(b)
for “that year” substitute “that period”.
      (3)
After subsection (1) insert—
“(1A)
In subsection (1) “relevant period” means a financial year or such
35
other period as may be prescribed.”

Education Bill [HL]
Schedule 16 — Funding of maintained schools
134

      (4)
In subsection (2)—
(a)
for “financial year” substitute “funding period”, and
(b)
for “that year” substitute “that period”.
      (5)
After that subsection insert—
“(2A)
The amount referred to in subsection (2) includes the amount of any
5
grant which is appropriated, for meeting the expenditure mentioned
in that subsection, in accordance with a condition which—
(a)
is imposed under section 16 of the Education Act 2002 (terms
on which assistance under section 14 of that Act is given) or
any other enactment, and
10
(b)
requires that the grant be applied as part of the authority’s
schools budget for the funding period.”
      (6)
In subsection (3)—
(a)
for “financial year” substitute “funding period”, and
(b)
for “that year” (in both places) substitute “that period”.
15
      (7)
After subsection (4) insert—
“(4A)
Regulations under subsection (3) may also make provision—
(a)
enabling any expenditure falling outside any classes or
descriptions of expenditure prescribed by virtue of
subsection (4)(a) to be deducted from the authority’s schools
20
budget if the deduction of such expenditure is authorised, on
the application of the authority, by the authority’s schools
forum or the Secretary of State, and
(b)
enabling any limit or condition that would otherwise apply
by virtue of subsection (4)(b)(i) or (ii) to be varied or
25
excluded, on the application of the authority, by the
authority’s schools forum or the Secretary of State.”
      (8)
Omit subsections (5) and (6).
4
After section 45A insert—
“45AA
Power to require LEAs in England to determine schools budget
30
(1)
Regulations may require a local education authority in England, not
later than the prescribed date, to make an initial determination of
their schools budget for a funding period.
(2)
The date prescribed for the purposes of subsection (1) may be a date
falling up to 48 months before the beginning of the funding period.
35
(3)
Regulations under subsection (1) may—
(a)
authorise or require local education authorities in England to
take account of matters arising after the initial determination
of their schools budgets for any funding period but before the
beginning of the funding period, by redetermining their
40
schools budgets for the period in accordance with the
regulations, and
(b)
require notice of any initial determination or revised
determination to be given in accordance with the regulations
to the governing bodies of schools maintained by the local
45
education authority.