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
47

(b)
in relation to any particular institution, to any assessment of the quality
of the teacher training provided by that institution—
(i)
made by the Chief Inspector for Wales, or
(ii)
to which HEFCW think it appropriate to have regard or to
which the Assembly directs them to have regard.
5
84
Provisions supplementary to section 83
(1)
In exercising their functions in relation to the provision of financial support for
qualifying activities, HEFCW must have regard to the desirability of not
discouraging any institution for whose activities financial support is provided
under this Part from maintaining or developing its funding from other sources.
10
(2)
Before exercising their discretion under section 83(1)(a) or (b) with respect to
the terms and conditions to be imposed in relation to any grants, loans or other
payments, HEFCW must consult such of the following bodies as appear to
them to be appropriate to consult in the circumstances—
(a)
such bodies representing the interests of eligible institutions as appear
15
to HEFCW to be concerned, and
(b)
the governing body of any particular eligible institution which appears
to HEFCW to be concerned.
(3)
In exercising their functions in relation to the provision of financial support for
qualifying activities HEFCW must have regard (so far at they think it relevant
20
to do so in the light of any other relevant considerations) to the desirability of
maintaining—
(a)
what appears to them to be an appropriate balance in the support given
to them as between institutions which are of a denominational
character and other institutions, and
25
(b)
any distinctive characteristics of any eligible institution for whose
activities financial support is provided under this Part.
(4)
In exercising their functions HEFCW must take such steps as appear to them
appropriate to secure that the governing body of any institution which
provides a course of initial teacher training funded by HEFCW makes available
30
such information relating to the course, in such manner and to such persons, as
HEFCW may require.
(5)
Subsection (1) does not affect the power by virtue of section 83(3) to impose
conditions prohibiting or restricting the charging of fees.
85
Grants to HEFCW
35
(1)
The Assembly may make grants to HEFCW of such amounts and subject to
such conditions as the Assembly may determine.
(2)
The terms and conditions subject to which grants are made by the Assembly to
HEFCW under this section—
(a)
may in particular impose requirements to be complied with in respect
40
of every institution, or every institution falling within a class or
description specified in the terms and conditions, being requirements
to be complied with in the case of any institution to which the
requirements apply before financial support of any amount or
description so specified is provided by HEFCW in respect of activities
45
carried on by the institution, but

Education Bill [HL]
Part 3 — Training the school workforce
48

(b)
may not otherwise relate to the provision of financial support by
HEFCW in respect of activities carried on by any particular institution
or institutions.
(3)
Such terms and conditions may not be framed by reference to criteria for the
selection and appointment of staff and for the admission of students.
5
(4)
Such terms and conditions 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
10
sum due to the Assembly in accordance with any of the terms and
conditions remains unpaid.
(5)
Section 68 of the Further and Higher Education Act 1992 (c. 13) does not apply
in relation to grants made to HEFCW under this section.
86
Power of HEFCW to carry out or commission research
15
HEFCW may carry out or commission such research as they consider
appropriate with a view to improving—
(a)
the training of teachers, or
(b)
the standards of teaching.
87
Supplementary and ancillary functions of HEFCW
20
(1)
The Assembly may by order confer or impose on HEFCW such functions
supplementary to their functions under this Part as the Assembly thinks fit.
(2)
For the purposes of subsection (1) a function is a supplementary function in
relation to HEFCW if—
(a)
it is exercisable for the purposes of the exercise by the Assembly of
25
functions of the Assembly under any enactment, and
(b)
it relates to, or to the activities of, an eligible institution.
(3)
Before making an order under subsection (1) the Assembly must carry out such
consultation as appears to it to be appropriate.
(4)
HEFCW may carry out such activities ancillary to their functions under this
30
Part as the Assembly may direct.
88
Directions by Assembly
(1)
In exercising their functions under this Part HEFCW must comply with any
directions under this section.
(2)
The Assembly may give general directions to HEFCW about the exercise of
35
their functions.
(3)
If it appears to the Assembly that the financial affairs of an eligible institution
have been or are being mismanaged the Assembly may, after consulting
HEFCW and the institution, give such directions to HEFCW about the
provision of financial support in respect of the activities carried on by the
40
institution as the Assembly considers necessary or expedient by reason of the
mismanagement.

Education Bill [HL]
Part 3 — Training the school workforce
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(4)
Directions under this section are to be contained in an order made by the
Assembly.
Common provisions
89
Joint exercise of functions
(1)
A funding agency and any other relevant funding body may exercise any of
5
their functions jointly.
(2)
In subsection (1) “other relevant funding body” means the other funding
agency, the Higher Education Funding Council for England, the Learning and
Skills Council for England or the National Council for Education and Training
for Wales.
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(3)
The Agency and any body specified in an order made by the Secretary of State
for the purposes of this subsection may exercise their functions jointly.
(4)
The Assembly may by order authorise HEFCW to exercise their functions
under this Part jointly with a body specified in the order, and the specified
body to exercise its functions jointly with HEFCW.
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90
Efficiency studies
(1)
A funding agency may arrange for the promotion or the carrying out by any
person of studies designed to improve economy, efficiency and effectiveness in
the management or operations of a qualifying person.
(2)
A person promoting or carrying out such studies at the request of a funding
20
agency may require the qualifying person concerned—
(a)
to provide him, or a person authorised by him, with such information,
and
(b)
to make available to him, or a person authorised by him, for inspection
their accounts and such other documents,
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as he may reasonably require for that purpose.
(3)
In this section “qualifying person” means—
(a)
a training provider receiving financial support under this Part from the
Agency, or
(b)
the governing body of an eligible institution, as defined by section
30
82(3), receiving financial support under this Part from HEFCW.
91
Duty to provide information
(1)
The Agency—
(a)
must provide the Secretary of State (in such manner as he may from
time to time determine) with such information or advice relating to
35
matters for which they are responsible as he may from time to time
require, and
(b)
may provide the Secretary of State with such information or advice
relating to such matters as they think fit.
(2)
The Agency must provide the Assembly (in such manner as the Assembly may
40
from time to time determine) with such information or advice relating to
matters for which the Agency are responsible by virtue of section 73(2) or by

Education Bill [HL]
Part 3 — Training the school workforce
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virtue of regulations made by the Assembly under any of sections 132 to 140 of
the Education Act 2002 as the Assembly may from time to time require.
(3)
The Agency may provide the Assembly with such information or advice
relating to other matters as the Agency think fit.
(4)
The Agency and HEFCW must give each other such information as they may
5
require for the purposes of the exercise of their functions under any enactment.
(5)
The following must give the Agency or HEFCW such information as they may
require for the purpose of the exercise of their functions under any
enactment—
(a)
any person receiving, or who has received or applied for, any grant,
10
loan or other payment under this Part;
(b)
any local education authority.
Provision of training in schools
92
Power of maintained schools to provide training for the school workforce
(1)
The governing body of a maintained school may—
15
(a)
provide courses of initial or further training for school teachers,
(b)
provide courses of training for other members of the school workforce,
or
(c)
join in partnership with other training providers, or (alone or jointly
with other training providers) establish a body, for the purpose of
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providing training falling within paragraph (a) or (b).
(2)
It is immaterial for the purposes of subsection (1) whether or not the training
constitutes higher education.
(3)
In relation to an exercise of the powers conferred by subsection (1), the
governing body has all the same supplementary and incidental powers as it
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has in relation to the conduct of the school.
(4)
Any exercise by the governing body of a maintained school of the powers
conferred by this section is not to be treated, for the purposes of Chapter 4 of
Part 2 of the School Standards and Framework Act 1998 (c. 31) (financing of
maintained schools) as being undertaken for the purposes of the school.
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(5)
Section 80 of the School Standards and Framework Act 1998 (c. 31) (exercise of
power to provide further education) does not apply in relation to any course of
training that is provided under this section.
(6)
Nothing in this section is to be read as affecting the power of the governing
body of a school, as an ordinary incident of the conduct of the school—
35
(a)
to provide training for members of the school workforce who work at
the school, or
(b)
to participate in the provision of training for members of the school
workforce as part of a course provided by another training provider.