Education Bill [HL]

House of Lords

Session 2004 - 05
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Education Bill [HL]

Education Bill [HL]
Part 3 — Training the school workforce
51

Supplementary
93
Interpretation of references to training
(1)
References in this Part to training, in relation to teachers or other members of
the school workforce (including references to the provision of training “for”
teachers or other members of the school workforce), include—
5
(a)
any training or education with the object of fitting persons to be
teachers or other members of the school workforce, or to be better
teachers or other members of the school workforce, and
(b)
any assessment related to the award of any qualification or status as a
teacher or other member of the school workforce.
10
(2)
References elsewhere in the Education Acts to training, in relation to teachers,
include any training or education with a view to fitting persons to be teachers,
or better teachers.
94
Institutions of a denominational character
For the purposes of this Part an institution is of a denominational character if—
15
(a)
at least one quarter of the members of the governing body of the
institution, or in the case of a school at least one-fifth, are persons
appointed to represent the interests of a religion or religious
denomination, or
(b)
any of the property held for the purposes of the institution is held upon
20
trusts which provide that, in the event of the discontinuance of the
institution, the property concerned is to be held for, or sold and the
proceeds of sale applied for, the benefit of a religion or religious
denomination, or
(c)
any of the property held for the purposes of the institution is held on
25
trust for or in connection with—
(i)
the provision of education, or
(ii)
the conduct of an educational institution,

in accordance with the tenets of a religion or religious denomination.
95
Further amendments relating to Part 3
30
Schedule 14 contains amendments related to the preceding provisions of this
Part.
96
Transitional and transitory provisions relating to Part 3
Schedule 15 contains transitional and transitory provisions related to the
preceding provisions of this Part.
35
97
Interpretation of Part 3
(1)
In this Part—
“the Agency” means the Training and Development Agency for Schools;
“the Chief Inspector for England” means Her Majesty’s Chief Inspector of
Schools in England;
40
“the Chief Inspector for Wales” means Her Majesty’s Chief Inspector of
Education and Training in Wales;

Education Bill [HL]
Part 4 — Miscellaneous
52

“denominational character”, in relation to an institution, is to be read in
accordance with section 94;
“a funding agency” means the Agency or HEFCW;
“governing body”, in relation to an institution conducted by a company,
is to be read in accordance with an order under subsection (2);
5
“HEFCW” means the Higher Education Funding Council for Wales;
“maintained school” means—
(a)
a community, foundation or voluntary school,
(b)
a community or foundation special school, or
(c)
a maintained nursery school;
10
“the school workforce” and “member of the school workforce” are to be
read in accordance with section 72(3);
“training”, in relation to members of the school workforce, is to be read in
accordance with section 93(1);
“training provider” has the meaning given by section 75(3).
15
(2)
The Assembly may by order provide for references in sections 82 to 88 to the
governing body of an institution, in relation to an institution which is
conducted by a company, to be read as references to the governing body
provided for in the instrument of government, or to the company, or to both.
(3)
Other expressions, if used in this Part and the Education Act 1996 (c. 56), have
20
the same meaning in this Part as in that Act.
Part 4
Miscellaneous
Maintained schools
98
Funding of maintained schools
25
Schedule 16 contains amendments relating to the funding by local education
authorities of schools maintained by them.
99
LEA targets: England
(1)
The Secretary of State may by regulations require local education authorities in
England to set annual targets in respect of the educational performance—
30
(a)
of pupils at schools maintained by them, and
(b)
of any persons of compulsory school age (whether or not pupils at such
schools) who are or have been looked after by them.
(2)
Regulations under this section may in particular—
(a)
specify the matters in respect of which targets are required to be set,
35
(b)
require proposed targets to be notified to the Secretary of State by a
prescribed time,
(c)
authorise the Secretary of State—
(i)
to modify any proposed target notified to him, or
(ii)
to require a local education authority to modify the proposed
40
targets and to notify him of the proposed targets as modified,
(d)
require the targets to be set by a prescribed time,

Education Bill [HL]
Part 4 — Miscellaneous
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(e)
require local education authorities to publish, in such manner as may
be specified in the regulations, any targets which they set.
(3)
In subsection (1), “looked after” is to be read in accordance with section 22 of
the Children Act 1989 (c. 41).
100
Removal of requirements for governors’ reports and parents’ meetings
5
(1)
In section 30 of the 2002 Act (governors’ report and other information)—
(a)
in subsections (1) and (2)(a), after “maintained school” insert “in
Wales”,
(b)
in subsections (3) and (4), after “maintained school” insert “(in England
or Wales)”, and
10
(c)
in the heading, insert “(Wales)” after “report”.
(2)
In section 33 of the 2002 Act (annual parents’ meetings)—
(a)
in subsection (1), after “maintained school” insert “in Wales”, and
(b)
in the heading, after “meetings” insert “: Wales”.
(3)
The Assembly may by order—
15
(a)
repeal either or both of the following provisions of the 2002 Act—
(i)
section 30(1) and (2) (as amended by subsection (1)(a) of this
section), and
(ii)
section 33 (as amended by subsection (2) of this section), and
(b)
make such amendments of any other enactment as appear to the
20
Assembly to be necessary or expedient in consequence of any repeal
made by virtue of paragraph (a).
101
School profiles
After section 30 of the 2002 Act insert—
“30A
School profiles
25
(1)
The governing body of a maintained school in England shall prepare
and publish a document (a “school profile”) containing—
(a)
such information as the Secretary of State may provide to the
governing body for inclusion in the profile,
(b)
information provided by the governing body about such
30
matters relating to the school as the Secretary of State may
specify for the purposes of this paragraph, and
(c)
such other information about the school as may be prescribed
(which may include information to be provided by persons
other than the Secretary of State).
35
(2)
Regulations may—
(a)
specify the time by which the school profile must be published,
(b)
require the school profile to contain statements by the
governing body as to prescribed matters,
(c)
prescribe the form of the school profile and the manner in which
40
it is to be published,
(d)
require the governing body to give copies of the school profile
to such persons as may be prescribed, and

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Part 4 — Miscellaneous
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(e)
require the governing body to revise the school profile in
accordance with the regulations at prescribed times and to
publish the school profile as revised.
(3)
In exercising any function conferred by or under this section, a
governing body shall have regard to any guidance given from time to
5
time by the Secretary of State.”
102
Provision and funding of higher education in maintained schools
After section 28 of the 2002 Act insert—
“28A
Power of governing body to provide higher education
(1)
Subject to subsection (2), the governing body of a maintained school
10
shall have power to arrange the provision to pupils at the school
(whether by teachers at the school or other persons) of courses falling
within paragraph 1(g) or (h) of Schedule 6 to the Education Reform Act
1988 (courses in preparation for professional examinations at a higher
level or providing education at a higher level).
15
(2)
A governing body may exercise the power under subsection (1) in
relation to a particular pupil only if they are satisfied that the provision
to that pupil of the course in question will not to any significant extent
interfere with the other education with which he is being provided at
the school.
20
(3)
The National Assembly for Wales may give, or make arrangements for
the giving of, financial assistance to any person in connection with the
provision of courses mentioned in subsection (1) by the governing body
of a maintained school in Wales.
(4)
Sections 15 and 16 apply to financial assistance given under subsection
25
(3) as they apply to financial assistance given under section 14.
(5)
This section has effect notwithstanding section 1(4) of the Education
Act 1996 (functions not conferred with respect to higher education).”
103
Restrictions on disposal of land
Schedule 17 contains amendments of Schedule 22 to the School Standards and
30
Framework Act 1998 (c. 31) (which makes provision as to the disposal of land
held for the purposes of foundation, voluntary or foundation special schools
and as to the property of maintained schools on their discontinuance).
Information
104
Supply of information: education maintenance allowances
35
(1)
This subsection applies to information which—
(a)
is held for the purposes of functions relating to tax or tax credits—
(i)
by the Commissioners of Inland Revenue, or
(ii)
by a person providing services to the Commissioners of Inland
Revenue, in connection with the provision of those services, or
40
(b)
is held for the purposes of functions relating to social security—
(i)
by the Secretary of State or a Northern Ireland department, or

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Part 4 — Miscellaneous
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(ii)
by a person providing services to the Secretary of State or such
a department, in connection with the provision of those
services.
(2)
Information to which subsection (1) applies may be supplied to a person falling
within subsection (3) for use for purposes relating to eligibility for education
5
maintenance allowances.
(3)
The following persons fall within this subsection—
(a)
the Secretary of State,
(b)
the Learning and Skills Council for England,
(c)
the Assembly,
10
(d)
a Northern Ireland department,
(e)
the Scottish Ministers, and
(f)
any person providing services to the Secretary of State, the Learning
and Skills Council for England, the Assembly, a Northern Ireland
department or the Scottish Ministers.
15
(4)
Information received by virtue of subsection (2) or this subsection by a person
other than the Scottish Ministers may be supplied to a person falling within
subsection (5) for use for purposes relating to eligibility for education
maintenance allowances.
(5)
The following persons fall within this subsection—
20
(a)
the Assembly,
(b)
a Northern Ireland department,
(c)
the Scottish Ministers,
(d)
any person by whom functions in relation to education maintenance
allowances falling within subsection (8)(a) are exercisable by virtue of
25
section 14 or 17 of the 2002 Act,
(e)
any person by whom functions under regulations under section 181 of
the 2002 Act are exercisable by virtue of section 183 or 184 of that Act,
and
(f)
any person providing services to the Assembly or a Northern Ireland
30
department.
(6)
A person other than the Scottish Ministers may, in making any request for the
supply to him of information by virtue of subsection (2) or (4), supply to any
person who holds, or is to be supplied with, the information—
(a)
the name, address and date of birth of any person to whom the request
35
relates (“the student”),
(b)
the name, address and date of birth of—
(i)
any parent of the student, or
(ii)
any other person whose financial circumstances are relevant to
the student’s eligibility for an education maintenance
40
allowance, and
(c)
any other information (whether relating to the student, any parent of
his or any person falling within paragraph (b)(ii)) which is required for
the purpose of determining the student’s eligibility for an education
maintenance allowance.
45
(7)
This section does not limit the circumstances in which information may be
supplied apart from this section.
(8)
In this section and section 105 “education maintenance allowance” means—

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Part 4 — Miscellaneous
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(a)
financial assistance under section 14 of the 2002 Act paid to or in respect
of a person who is over compulsory school age in connection with his
undertaking any course of education or training,
(b)
an allowance under section 181 of the 2002 Act,
(c)
an award under Article 51(1)(b) of the Education and Libraries
5
(Northern Ireland) Order 1986 (No. 594/NI 3) paid to or in respect of a
person who is over compulsory school age (within the meaning of that
Order) in connection with his undertaking any course of education or
training,
(d)
an allowance under section 73(f) of the Education (Scotland) Act 1980
10
(c. 44) paid to or in respect of a relevant person attending a course of
education, other than higher education, or
(e)
financial assistance provided under section 12(2)(c) of the Further and
Higher Education (Scotland) Act 1992 (c. 37).
(9)
In subsection (8)(d)—
15
“higher education” has the same meaning as in Part 2 of the Further and
Higher Education (Scotland) Act 1992;
“relevant person” means a person who—
(a)
is deemed to have attained the age of 16 years under section 33
of the Education (Scotland) Act 1980, and
20
(b)
has not, on the first day of the term of the course of education,
attained the age of 20 years.
105
Unauthorised disclosure of information received under section 104
(1)
A person (“X”) who discloses information which he has received by virtue of
subsection (2) or (4) of section 104 and which relates to a particular person
25
commits an offence unless the information is disclosed—
(a)
in accordance with subsection (4) of that section,
(b)
in the course of any duty X has in connection with the exercise of
functions relating to eligibility for education maintenance allowances,
(c)
in accordance with an enactment or an order of a court,
30
(d)
for the purpose of instituting, or otherwise for the purposes of, civil or
criminal proceedings, or
(e)
with consent given by or on behalf of the person to whom the
information relates.
(2)
It is a defence for a person charged with an offence under subsection (1) to
35
prove that he reasonably believed that his disclosure was lawful.
(3)
A person guilty of an offence under subsection (1) is liable—
(a)
on conviction on indictment, to imprisonment for a term not exceeding
two years, to a fine or to both;
(b)
on summary conviction in England and Wales, to imprisonment for a
40
term not exceeding 12 months, to a fine not exceeding the statutory
maximum or to both;
(c)
on summary conviction in Scotland or Northern Ireland, to
imprisonment for a term not exceeding 6 months, to a fine not
exceeding the statutory maximum or to both.
45
(4)
In relation to an offence committed before the commencement of section 154(1)
of the Criminal Justice Act 2003 (c. 44), the reference in subsection (3)(b) to 12
months is to be read as a reference to 6 months.

Education Bill [HL]
Part 4 — Miscellaneous
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(5)
The reference in subsection (1)(c) to an enactment includes a reference to an
enactment comprised in, or in an instrument made under—
(a)
an Act of the Scottish Parliament, or
(b)
any Northern Ireland legislation as defined in section 24(5) of the
Interpretation Act 1978 (c. 30).
5
106
Supply of information: free school lunches etc.
(1)
This subsection applies to information held for the purposes of functions
relating to tax credits—
(a)
by the Commissioners of Inland Revenue, or
(b)
by a person providing services to them, in connection with the
10
provision of those services.
(2)
This subsection applies to information held for the purposes of functions
relating to social security—
(a)
by the Secretary of State, or
(b)
by a person providing services to him, in connection with the provision
15
of those services.
(3)
Information to which subsection (1) or (2) applies may be supplied—
(a)
to the Secretary of State, or any person providing services to him, or
(b)
to the Assembly, or any person providing services to the Assembly,

for use for the purpose of determining eligibility for free school lunches and
20
milk.
(4)
Information to which subsection (2) applies may be supplied to a local
education authority for use for that purpose.
(5)
Information received by virtue of subsection (3) may be supplied—
(a)
to another person to whom it could have been supplied under that
25
subsection, or
(b)
to a local education authority,

for use for that purpose.
(6)
For the purposes of this section, a person is eligible for free school lunches and
milk if school lunches (as defined in section 512 of the Education Act 1996
30
(c. 56)) and milk are required to be provided for him, on request, free of
charge—
(a)
in accordance with section 512ZB(2) and (3) of that Act,
(b)
in accordance with regulations under section 342 of that Act (non-
maintained special schools), or
35
(c)
in accordance with an agreement under section 482 of that Act
(Academies, etc.).
(7)
This section does not limit the circumstances in which information may be
supplied apart from this section.
107
Unauthorised disclosure of information received under section 106
40
(1)
A person (“X”) who discloses information which he has received by virtue of
any of subsections (3) to (5) of section 106 and which relates to a particular
person commits an offence unless the information is disclosed—