Education Bill [HL]

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Session 2004 - 05
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Education Bill [HL]

Education Bill [HL]
Part 4 — Miscellaneous
58

(a)
in the case of information received by virtue of subsection (3) of that
section, in accordance with subsection (5) of that section,
(b)
in the course of any duty X has in connection with the exercise of
functions relating to eligibility for free school lunches and milk,
(c)
in accordance with an enactment or an order of a court, or
5
(d)
with consent given by or on behalf of the person to whom the
information relates.
(2)
In subsection (1)(b), “eligibility for free school lunches and milk” is to be read
in accordance with section 106(6).
(3)
It is a defence for a person charged with an offence under subsection (1) to
10
prove that he reasonably believed that his disclosure was lawful.
(4)
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, or
(b)
on summary conviction, to imprisonment for a term not exceeding 12
15
months, to a fine not exceeding the statutory maximum or to both.
(5)
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 (4)(b) to 12
months is to be read as a reference to 6 months.
108
Power to provide that function of determining eligibility remains with LEA
20
In section 512A of the Education Act 1996 (c. 56) (transfer of functions under
section 512 of that Act to governing bodies), in subsection (4) for paragraph (b)
substitute—
“(b)
if the duty corresponds to the one mentioned in subsection
(2)(b) or (c)—
25
(i)
the order may provide that, notwithstanding the other
provisions of the order, the function of determining
whether pupils at the school fall within section 512ZB(4)
is to be exercisable by the local education authority, and
(ii)
section 533(3) shall not apply to school lunches or milk
30
provided by the governing body in pursuance of the
order.”
109
Information about the school workforce: introductory
(1)
Subsections (2) and (3) apply for the purposes of section 110.
(2)
“Qualifying worker” means any person who—
35
(a)
is employed at, or otherwise engaged to work at, a school,
(b)
does not fall within paragraph (a) but provides, or assists in the
provision of, education under a contract of employment or for services
where the other party to the contract is—
(i)
a children’s services authority in England or Wales, or
40
(ii)
a person exercising a function relating to the provision of
education on behalf of such an authority, or
(c)
provides education at a further education institution.

Education Bill [HL]
Part 4 — Miscellaneous
59

(3)
“Qualifying trainee” means a person (other than a qualifying worker as
defined in subsection (2)) for whom training as a member of the school
workforce is being provided.
(4)
In this section—
“contract of employment” has the meaning given by section 230(2) of the
5
Employment Rights Act 1996 (c. 18);
“further education institution” means an institution which is—
(a)
an institution (other than a school) which provides further
education, or
(b)
an institution within the further education sector;
10
“member of the school workforce” has the same meaning as in Part 3.
(5)
In this section and section 110, “children’s services authority in England” and
“children’s services authority in Wales” have the same meaning as in the
Children Act 2004.
110
Supply of information about school workforce
15
(1)
Regulations may authorise or require—
(a)
the proprietor of a school,
(b)
a children’s services authority in England or Wales, or
(c)
any prescribed person,

to supply to the relevant person (as defined by subsection (2)) prescribed
20
information relating to persons who are or have been qualifying workers or
qualifying trainees, for use by the relevant person for a qualifying purpose.
(2)
In subsection (1) “the relevant person” means one or more of the following—
(a)
the Secretary of State,
(b)
the Assembly, or
25
(c)
any prescribed person.
(3)
Regulations may authorise the Secretary of State or the Assembly to supply to
the other or to any prescribed person, for use for a qualifying purpose,
prescribed information relating to persons who are or have been qualifying
workers or qualifying trainees.
30
(4)
A person may not be prescribed for the purposes of subsection (1)(c), (2)(c) or
(3) unless—
(a)
in the case of subsection (1)(c) or (2)(c), he appears to the person making
the regulations to be exercising functions of a public nature, or
(b)
in the case of subsection (3), he appears to the person making the
35
regulations to be exercising such functions or carrying out research
which relates to education or training and may be expected to be of
public benefit.
(5)
For the purposes of this section, information is supplied to a person for use for
a qualifying purpose if it is supplied to him for use for—
40
(a)
evaluation, planning, research or statistical purposes, or
(b)
any other prescribed purpose.
(6)
Regulations may authorise a person falling within subsection (7) to supply to
any prescribed person (“the recipient”) any information relating to persons
who are or have been qualifying workers or qualifying trainees which—
45

Education Bill [HL]
Part 4 — Miscellaneous
60

(a)
has been lawfully held by the recipient, or
(b)
is information which another person was, or could have been, required
(whether by virtue of regulations under this section or otherwise) to
supply to the recipient.
(7)
The following persons fall within this subsection—
5
(a)
the Secretary of State,
(b)
the Assembly, and
(c)
any prescribed person.
(8)
Regulations may—
(a)
prohibit any person to whom information is supplied by virtue of this
10
section from further disclosing the information otherwise than in
prescribed circumstances, and
(b)
provide that section 497 of the Education Act 1996 (c. 56) (default
powers of Secretary of State or Assembly) is, in relation to the duties
imposed by virtue of this section, to have effect as if—
15
(i)
the reference in subsection (2)(a) of that section to a local
education authority were a reference to a children’s services
authority in England or Wales, and
(ii)
any reference to a body to which that section applies included a
reference to a prescribed person.
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(9)
This section does not limit the circumstances in which information is
authorised or required to be supplied apart from this section.
(10)
In this section—
“prescribed” means prescribed by regulations;
“regulations” means—
25
(a)
in relation to England, regulations made by the Secretary of
State, and
(b)
in relation to Wales, regulations made by the Assembly.
Attendance at alternative educational provision
111
Power of governing body to make alternative provision for excluded pupils
30
In section 29 of the 2002 Act (additional functions of governing body), in
subsection (3) (power to require pupils to attend at other places for purpose of
education) for “pupils in attendance at the school” substitute “registered
pupils”.
112
Failure of parent to secure regular attendance of child at alternative provision
35
After section 444 of the Education Act 1996 insert—
“444ZA
Application of section 444 to alternative educational provision
(1)
Where, in the case of a child of compulsory school age who is not a
registered pupil at any school—
(a)
a local education authority has made arrangements under
40
section 19 for the provision of education for him otherwise than
at a school or at his home, and

Education Bill [HL]
Part 4 — Miscellaneous
61

(b)
notice in writing of the arrangements has been given to the
child’s parent,
subsections (1) to (7) of section 444 have effect as if the place at which
the education is provided were a school and the child were a registered
pupil at that school.
5
(2)
Where—
(a)
a child of compulsory school age has been excluded from a
relevant school,
(b)
he remains for the time being a registered pupil at the school,
(c)
he is required by the appropriate authority for the school to
10
attend at a place outside the school premises for the purpose of
receiving any instruction or training, and
(d)
notice in writing of the requirement has been given to the
child’s parent,

subsections (1) to (7) of section 444 have effect as if the place at which
15
the child is required to attend were a school and the child were a
registered pupil at that school (and not at the school mentioned in
paragraph (b)).
(3)
In relation to a maintained school or a pupil referral unit—
(a)
the reference in subsection (2)(a) to exclusion is a reference to
20
exclusion under section 52 of the Education Act 2002, and
(b)
the requirement referred to in subsection (2)(c) is a requirement
imposed under section 29(3) of that Act.
(4)
A child shall not be taken to have failed to attend regularly—
(a)
in a case falling within subsection (1), at the place at which
25
education is provided for him, or
(b)
in a case falling within subsection (2), at the place at which he is
required to attend,
unless he has failed to attend regularly since the giving of the notice
mentioned in subsection (1)(b) or (2)(d).
30
(5)
Section 572, which provides for the methods by which notices may be
served under this Act, does not preclude the notice mentioned in
subsection (1)(b) or (2)(d) from being given to a child’s parent by any
other effective method.
(6)
In proceedings for an offence under section 444 in a case falling within
35
subsection (1) of this section, the parent shall be acquitted if he proves
that the child is receiving suitable education otherwise than by regular
attendance at a school or at the place mentioned in subsection (1).
(7)
In section 444 “leave”—
(a)
in relation to a place at which education is provided as
40
mentioned in subsection (1) of this section, means leave granted
by any person authorised to do so by the local education
authority;
(b)
in relation to a place at which a child is required to attend as
mentioned in subsection (2)(c) of this section, means leave
45
granted by any person authorised to do so by the appropriate
authority for the school.
(8)
In this section—

Education Bill [HL]
Part 5 — General
62

(a)
“relevant school” means—
(i)
a maintained school,
(ii)
a pupil referral unit,
(iii)
an Academy,
(iv)
a city technology college, or
5
(v)
a city college for the technology of the arts;
(b)
“appropriate authority” means—
(i)
in relation to a maintained school, the governing body,
(ii)
in relation to a pupil referral unit, the local education
authority, and
10
(iii)
in relation to a school falling within paragraph (a)(iii),
(iv) or (v), the proprietor of the school.”
Supplementary
113
Further amendments relating to Part 4
Schedule 18 contains further amendments related to the provisions of this Part.
15
114
Meaning of “the 2002 Act” in Part 4
In this Part “the 2002 Act” means the Education Act 2002 (c. 32).
Part 5
General
115
Functions to be exercisable by National Assembly for Wales
20
(1)
Any function conferred on the Secretary of State by the amendments made by
the provisions mentioned in subsection (2), so far as exercisable in relation to
Wales, is to be taken to have been transferred to the Assembly by an Order in
Council under section 22 of the Government of Wales Act 1998 (c. 38).
(2)
Those provisions are—
25
section 44 (power to direct closure of school);
Schedule 7 (inspection of child minding, day care and nursery education);
Schedule 16 (funding of maintained schools);
Schedule 17 (restrictions on disposal of land).
116
Subordinate legislation: general provisions
30
(1)
Any power to make an order or regulations conferred by this Act on the
Secretary of State or the Assembly is exercisable by statutory instrument.
(2)
Any power of the Secretary of State or the Assembly to make an order or
regulations under this Act includes power—
(a)
to make different provision for different cases or areas,
35
(b)
to make provision generally or in relation to specific cases, and
(c)
to make such incidental, supplementary, saving or transitional
provision as the Secretary of State or the Assembly thinks fit.

Education Bill [HL]
Part 5 — General
63

(3)
Regulations under Part 1 may, in particular, include provision for the
designation by the Secretary of State or the Assembly, in accordance with the
regulations, of particular schools or categories of school for the purposes of the
application of particular provisions of the regulations in relation to such
schools.
5
(4)
Any power conferred by this Act to give directions includes power, exercisable
in the same manner and subject to the same conditions or limitations, to revoke
or vary directions previously given.
117
Parliamentary control of subordinate legislation
(1)
Any statutory instrument containing regulations or an order made by the
10
Secretary of State under any provision of this Act is subject to annulment in
pursuance of a resolution of either House of Parliament.
(2)
Subsection (1) does not apply to—
(a)
regulations to which subsection (3) applies, or
(b)
an order made under section 121 (commencement).
15
(3)
A statutory instrument which contains (whether alone or with other
provisions) regulations made by the Secretary of State under section 120 which
amend or repeal any part of the text of an Act may not be made unless a draft
of the instrument has been laid before, and approved by a resolution of, each
House of Parliament.
20
118
General interpretation
(1)
In this Act “the Assembly” means the National Assembly for Wales.
(2)
Subject to subsection (4), the Education Act 1996 (c. 56) and the provisions of
this Act specified in subsection (3) are to be read as if those provisions were
contained in that Act.
25
(3)
The provisions of this Act referred to in subsection (2) are—
(a)
Part 1 (school inspections);
(b)
Part 2 (school organisation);
(c)
section 99 (LEA targets: England);
(d)
section 104 (supply of information: education maintenance
30
allowances);
(e)
section 106 (supply of information: free school lunches, etc.);
(f)
section 110 (supply of information about school workforce).
(4)
Where an expression is given for the purposes of any provision falling within
subsection (3) a meaning different from that given to it for the purposes of the
35
Education Act 1996 (c. 56), the meaning given for the purposes of that
provision is to apply instead of the one given for the purposes of that Act.
(5)
Unless the context otherwise requires, any reference in this Act or in any Act
amended by this Act to a community, foundation or voluntary school or a
community or foundation special school is to such a school within the meaning
40
of the School Standards and Framework Act 1998 (c. 31).
119
Repeals
Schedule 19 contains repeals.