Education Bill [HL]

House of Lords

Session 2004 - 05
Internet Publications
Other Bills before Parliament

Education Bill [HL]

Education Bill [HL]
Part 3 — Training the school workforce
40

67
Proposals for establishment of federated school
(1)
Proposals under—
(a)
section 28, 28A or 31 of the School Standards and Framework Act 1998
(c. 31),
(b)
section 113A of the Learning and Skills Act 2000 (c. 21),
5
(c)
section 193 of the Education Act 2002 (c. 32),
(d)
section 65 of this Act, or
(e)
paragraph 7 of Schedule 11 to this Act,

for the establishment of a new school may relate to the establishment of the
school as a federated school.
10
(2)
In this section “federated school” has the meaning given by section 24(2) of the
Education Act 2002 (c. 32).
68
LEA not to establish school on opposite side of Welsh border
No proposals may be published under any enactment—
(a)
for the establishment of a school in Wales which is proposed to be
15
maintained by a local education authority in England, or
(b)
for the establishment of a school in England which is proposed to be
maintained by a local education authority in Wales.
69
School organisation: further amendments
Schedule 12 contains further amendments relating to proposals for the
20
establishment, alteration or discontinuance of schools.
70
Interpretation of Part 2
In this Part—
“adjudicator” is to be read in accordance with section 25(3) of the School
Standards and Framework Act 1998 (c. 31);
25
“prescribed” means prescribed by regulations;
“regulations” means regulations made under this Part by the Secretary of
State;
“school organisation committee”, in relation to proposals, means the
school organisation committee (as defined by section 24(4) of the School
30
Standards and Framework Act 1998 (c. 31)) for the area of the local
education authority which published the proposals.
Part 3
Training the school workforce
The Training and Development Agency for Schools
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71
The Training and Development Agency for Schools
The body corporate originally established under section 1 of the Education Act
1994 (c. 30) as the Teacher Training Agency is to continue in existence but is to
be known instead as the Training and Development Agency for Schools.

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72
Functions of Agency
(1)
The Agency are to exercise the functions conferred on them by or under this
Part or any other enactment.
(2)
The objectives of the Agency in exercising their functions are—
(a)
to contribute to raising the standards of teaching and of other activities
5
carried out by the school workforce,
(b)
to promote careers in the school workforce,
(c)
to improve the quality and efficiency of all routes into the school
workforce,
(d)
to secure the involvement of schools in all courses and programmes for
10
the initial training of school teachers,

and generally to secure that the school workforce is well fitted and trained to
promote the spiritual, moral, social, cultural, mental and physical
development of pupils and to prepare pupils for the opportunities,
responsibilities and experiences of adult life.
15
(3)
For the purposes of this Part, the school workforce consists of the following
members—
(a)
persons who work in schools, and
(b)
persons not falling within paragraph (a) who are teachers or carry out
work that consists of or includes teaching.
20
73
Functions of Agency in relation to Wales
(1)
Subject to subsection (2), the functions of the Agency are exercisable in relation
to England and Wales generally.
(2)
The Agency must not do anything in relation to Wales unless—
(a)
the Agency have been requested to do so by the Assembly, and
25
(b)
the Agency have given the Assembly notice that they are willing to do
so.
(3)
Subsection (2) does not affect any function conferred on the Agency by section
91 or by regulations made under any of sections 132 to 140 of the Education Act
2002 (c. 32) (qualifications etc. of school teachers and persons providing further
30
education).
74
Membership etc. of Agency
(1)
The Agency is to consist of such number of members appointed by the
Secretary of State as the Secretary of State may determine, of whom one is to be
appointed as chairman.
35
(2)
Schedule 13 has effect with respect to the Agency.
75
Powers of Agency to provide financial support
(1)
The Agency may provide to any person such financial support as the Agency
think fit in furtherance of any of the objectives set out in section 72(2).
(2)
The persons to whom financial support may be provided include, in
40
particular—
(a)
members of the school workforce,

Education Bill [HL]
Part 3 — Training the school workforce
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(b)
persons training to be members of the school workforce,
(c)
training providers, and
(d)
employers or prospective employers of members of the school
workforce.
(3)
In this Part “training provider” means a person who provides training for
5
members of the school workforce.
76
Forms of financial support under section 75
(1)
Financial support under section 75 may be given by way of grants, loans or
other payments.
(2)
Financial support under section 75 may be given subject to such terms and
10
conditions as the Agency think fit.
(3)
The terms and conditions on which the Agency may make any grants, loans or
other payments under section 75 may in particular—
(a)
enable the Agency to require the repayment, in whole or in part, of
sums paid by the Agency if any of the terms and conditions subject to
15
which the sums were paid is not complied with, and
(b)
require the payment of interest in respect of any period during which a
sum due to the Agency in accordance with any of the terms and
conditions remains unpaid.
(4)
The power of the Agency to impose conditions on the making of any grants,
20
loans or other payments under section 75 to a training provider includes in
particular power to impose conditions prohibiting, restricting or requiring the
charging of fees in connection with the provision by that training provider of
relevant training of any description specified in the condition.
(5)
Where—
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(a)
a condition is imposed under subsection (4) in connection with any
grant, loan or other payment made to a training provider (“T1”), and
(b)
the grant, loan or other payment is to any extent made in respect of
persons undertaking relevant training which is provided in whole or
part by another training provider (“T2”),
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then, for the purposes of the condition, fees payable by such persons to T2 are
to be regarded as fees charged by T1.
(6)
The terms and conditions on which the Agency make any grant, loan or other
payment under section 75 to a training provider must not relate to the
application by the training provider of any sums derived otherwise than from
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the Agency, but this subsection does not affect the power to impose conditions
by virtue of subsection (4).
(7)
In exercising their functions under section 75 and this section the Agency must
have regard—
(a)
generally, to any forecast of demand for members of the school
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workforce of a particular category that is notified to them by the
Secretary of State, and
(b)
in relation to financial support for any training provider, to any
assessment of the quality of the relevant training provided by that
person—
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(i)
made by the Chief Inspector for England, or

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(ii)
to which the Agency think it appropriate to have regard or to
which the Secretary of State directs them to have regard.
(8)
In this section “relevant training”, in relation to a training provider, means any
training provided by the training provider for members of the school
workforce.
5
77
Provisions supplementary to sections 75 and 76
(1)
In exercising their functions in relation to the provision of financial support,
the Agency must have regard to the desirability of not discouraging any
training provider for whose activities financial support is provided under this
Part from maintaining or developing its funding from other sources.
10
(2)
In exercising their functions in relation to the provision of financial support for
training providers the Agency must have regard (so far as the Agency think it
appropriate to do so in the light of any other relevant considerations) to the
desirability of maintaining what appears to the Agency to be an appropriate
balance in the support given by the Agency between institutions which are of
15
a denominational character and other training providers.
(3)
In exercising their functions the Agency must take such steps as appear to them
appropriate to secure that any person who provides any training funded by the
Agency makes available such information relating to the training, in such
manner and to such persons, as the Agency may require.
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(4)
Subsection (1) does not affect the power by virtue of section 76(4) to impose
conditions prohibiting or restricting the charging of fees.
78
Grants to Agency by Secretary of State
(1)
The Secretary of State may make grants to the Agency of such amounts and
subject to such terms and conditions as he may determine.
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(2)
Subsections (3) and (4) apply to the terms and conditions subject to which
grants are made by the Secretary of State to the Agency, so far as they relate to
the provision of financial support by the Agency to training providers.
(3)
The terms and conditions—
(a)
may in particular impose requirements to be complied with in respect
30
of every training provider, or every training provider falling within a
class or description specified in the terms and conditions, being
requirements to be complied with in the case of any training provider
to which the requirements apply before financial support of any
amount or description so specified is provided by the Agency in respect
35
of activities carried on by the training provider, but
(b)
must not otherwise relate to the provision of financial support by the
Agency in respect of activities carried on by any particular training
provider or training providers.
(4)
The terms and conditions may not be framed by reference to criteria for the
40
selection and appointment of staff and for the admission of students.
(5)
The terms and conditions subject to which any grants are made by the
Secretary of State to the Agency may in particular—

Education Bill [HL]
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(a)
enable the Secretary of State to require the repayment, in whole or in
part, of sums paid by him if any of the terms and conditions subject to
which the sums were paid is not complied with, and
(b)
require the payment of interest in respect of any period during which a
sum due to the Secretary of State in accordance with any of the terms
5
and conditions remains unpaid.
79
Grants to Agency by Assembly
(1)
The Assembly may make grants to the Agency of such amounts and subject to
such terms and conditions as the Assembly may determine.
(2)
Subsections (3) and (4) apply to the terms and conditions subject to which
10
grants are made by the Assembly to the Agency, so far as they relate to the
provision of financial support by the Agency to training providers.
(3)
The terms and conditions—
(a)
may in particular impose requirements to be complied with in respect
of every training provider, or every training provider falling within a
15
class or description specified in the terms and conditions, being
requirements to be complied with in the case of any training provider
to which the requirements apply before financial support of any
amount or description so specified is provided by the Agency in respect
of activities carried on by the training provider,
20
(b)
may include a condition requiring the Agency to impose a specified
condition falling within subsection (4) of section 76 in relation to any
grants, loans or other payments made by the Agency under section 75
to a training provider specified by the Assembly in the condition under
subsection (1), or a training provider of a class so specified, but
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(c)
may not otherwise relate to the provision of financial support by the
Agency in respect of activities carried on by any particular training
provider or training providers.
(4)
The terms and conditions may not be framed by reference to criteria for the
selection and appointment of staff and for the admission of students.
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(5)
A condition imposed by virtue of subsection (3)(b) does not apply in relation
to grants, loans or other payments made by the Agency in respect of any course
which is a qualifying course for the purposes of section 28 of the Higher
Education Act 2004.
(6)
The terms and conditions subject to which any grants are made by the
35
Assembly to the Agency may in particular—
(a)
enable the Assembly to require the repayment, in whole or in part, of
sums paid by it if any of the terms and conditions subject to which the
sums were paid is not complied with, and
(b)
require the payment of interest in respect of any period during which a
40
sum due to the Assembly in accordance with any of the terms and
conditions remains unpaid.
80
Non-funding functions of Agency
(1)
The Agency may do anything which they think fit in furtherance of any of the
objectives set out in section 72(2).
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(2)
The power conferred by this section includes power to provide information,
advice or other services to persons outside England and Wales.
(3)
The Agency may make such charges as they think fit for the provision under
this section to any person of information, advice or other services.
(4)
This section—
5
(a)
does not authorise the provision of financial support, and
(b)
is subject to paragraph 1(2) of Schedule 13.
81
Directions by Secretary of State and Assembly
(1)
In exercising their functions the Agency must comply with any directions
under this section.
10
(2)
The Secretary of State may give general directions to the Agency about the
exercise of their functions, except so far as those functions are exercisable in
relation to Wales.
(3)
The Assembly may give general directions to the Agency about the exercise of
their functions, so far as those functions are exercisable in relation to Wales in
15
accordance with section 73.
(4)
Directions under this section are to be contained in an order made by the
Secretary of State or the Assembly.
Funding of teacher training by Higher Education Funding Council for Wales
82
Qualifying activities and eligible institutions in relation to HEFCW funding
20
(1)
The Higher Education Funding Council for Wales (in this Part referred to as
“HEFCW”) are responsible for administering funds made available to them by
the Assembly and others for the purpose of providing financial support for the
carrying on by eligible institutions of qualifying activities.
(2)
The activities qualifying for funding by HEFCW under this Part (“qualifying
25
activities”) are—
(a)
the provision of teacher training,
(b)
the provision of facilities, and the carrying on of other activities, by
eligible institutions which the governing bodies of those institutions
consider it necessary or desirable to provide or carry on for the
30
purposes of or in connection with activities within paragraph (a), and
(c)
the provision by any person of services for the purposes of, or in
connection with, such activities.
(3)
The institutions eligible for funding by HEFCW under this Part (“eligible
institutions”) are—
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(a)
any institution in Wales within the higher or further education sector,
(b)
the Open University,
(c)
any school in Wales, and
(d)
and other institution or body in Wales designated by order of the
Assembly,
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and any partnership or association of eligible institutions, or body established
by one or more such institutions, for the purpose of carrying on qualifying
activities.
(4)
For the purposes of subsection (3), an institution or body is in Wales if its
activities are carried on, or principally carried on, in Wales.
5
(5)
In sections 83 to 88—
(a)
“qualifying activities” is to be read in accordance with subsection (2);
(b)
“eligible institution” is to be read in accordance with subsection (3).
83
Grants, loans and other payments by HEFCW
(1)
HEFCW may—
10
(a)
make grants, loans or other payments in respect of expenditure
incurred or to be incurred by the governing body of an eligible
institution for the purposes of activities qualifying for funding by
HEFCW under this Part by virtue of section 82(2)(a) or (b), and
(b)
make grants, loans or other payments in respect of expenditure
15
incurred or to be incurred for the purposes of the provision of services
as mentioned in section 82(2)(c),

subject in each case to such terms and conditions as HEFCW think fit.
(2)
The terms and conditions on which HEFCW may make any grants, loans or
other payments under this section may in particular—
20
(a)
enable HEFCW to require the repayment, in whole or in part, of sums
paid by HEFCW if any of the terms and conditions subject to which the
sums were paid is not complied with, and
(b)
require the payment of interest in respect of any period during which a
sum due to HEFCW in accordance with any of the terms and conditions
25
remains unpaid.
(3)
The power of HEFCW to impose conditions on the making of any grants, loans
or other payments under this section to an eligible institution includes in
particular power to impose conditions prohibiting, restricting or requiring the
charging of fees in connection with the carrying out by that institution of
30
qualifying activities.
(4)
Where—
(a)
a condition is imposed under subsection (3) in connection with any
grant, loan or other payment to an eligible institution, and
(b)
the grant, loan or other payment is to any extent made in respect of
35
persons undertaking training which is provided in whole or in part by
another training provider,

then, for the purposes of the condition, fees payable by such persons to the
other training provider are to be regarded as fees charged by the eligible
institution.
40
(5)
The terms and conditions must not relate to the application of any sums
derived otherwise than from HEFCW, but this subsection does not affect the
power to impose conditions by virtue of subsection (3).
(6)
In exercising their functions under this section HEFCW must have regard—
(a)
generally, to any forecast of demand for newly-qualified teachers that
45
is notified to them by the Assembly, and