Select Committee on Delegated Powers and Regulatory Reform Tenth Report

Annex A: Summary of powers to make regulations, orders and directions under the Education and Skills Bill

Clause		Effect (R- Regulation / O- Order / D - Directions)	Parliamentary procedure
PART 1 - DUTY TO PARTICIPATE IN EDUCATION OR TRAINING
3	(1) R - to prescribe the external Level 3 qualification or description of qualification (which may be reference to assessment made by the QCA) (5) R - power by order to amend subsection (2) to substitute a different qualification for GCE at A Level in two subjects as a demonstration of level 3		Negative Affirmative
4	(2) R - clarify that a particular description of non-school based education and training is, or is not, to be treated as full time for the purposes of the definition of appropriate full time education or training.		Negative
5	(1) R - to prescribe any way other then under a contract of employment a person may be treated as in full time occupation for at least 20 hours per week (6) R - to prescribe the circumstances under which a person is, or is not, to be treated as working for at least 20 hours a week in cases where the number of hours varies from week to week.		Affirmative Negative
7	(1) R - to prescribe dates when a relevant period ends during which Part 1 applies to a person fulfilling the duty through limb (c) of clause 2(1)		Negative
8	(1) R - to allow clarification of the amount of relevant training or education which may be treated as 'sufficient'. (4) R - to apportion guided learning hours to relevant periods. In order for time to be apportioned before a person completes a course. The power also allows the regulations to provide for a person to be treated as having completed the course		Negative
22	R - to prescribe the amount of the financial penalty that a local authority may require an employer to pay where they have employed a young person who is subject to the duty to participate who has not made appropriate arrangements for training or education.		Negative
28	R - to prescribe the amount of financial penalty the local authority may issue to an employer where they have failed to comply with an enforcement notice or have failed to vary their terms and conditions of employment as requested.		Negative
38	R - to make provision about the exercise by local education authorities of their functions relating to parenting contracts and parenting orders.		Negative
40	(6)-R - to prescribe details of the contract of apprenticeship to be specified in the attendance notice (7)-R - to prescribe the requirements relating to the description of attendant education training specified in the notice (8)-R - to prescribe other matters to be stated in the attendance notice		Negative
42	R - to prescribe how the 'attendance panel', established by the Local Authority, is to be constituted.		Negative
43	R - to make provision about appeal arrangements, including the procedure on appeals and the powers of the attendance panel in relation to appeals.		Negative
44	(5) R - allows regulations to set out those matters specified in an attendance notice to be varied by the local education authority issuing the notice. (6) R - to prescribe the matters specified in an attendance notice which may be varied with the consent of the person to whom the notice is given, or with the consent of the attendance panel.		Negative
47	R - to provide for range of matters in relation to penalty notices including the procedures to be followed in issuing a penalty notice in the event of the failure to comply with attendance notice. They also make provision for penalties of different amounts to be payable in different cases or circumstances.		Negative
48	R - to provide for appeal arrangements against penalty notices, including the procedure on such appeals; and the powers of the attendance panel in relation to such appeals.		Negative
49	(1) R - to provide who is to be treated as an employer for purposes of Part 1 in relation to any way of working prescribed under clause 5 and for any of the provisions in Part 1 to apply with modifications in relation to any such way of working. (2) R - to provide for any provision of Part 1 to apply with modification in respect of agency working where someone is employed under a contract of employment and		Affirmative
50	R - to provide for Chapter 1 to have effect subject to modifications in relation to Crown employment and service as a member of the Armed Forces of the Crown.		Negative
51	R - to provide for Chapter 1 to have effect subject to modifications in relation to persons working as a relevant Member of the House of Commons staff		Negative
52	(2) R - to specify which functions any sums received by a local education authority may be spent on, and to the extent that they are not so spent to provide for sums to be paid to the Secretary of State		Negative
53	(5) R - to make provision as to whether a person is or is not to be treated as resident in England		Negative
PART 2 - EDUCATION AND TRAINING FOR YOUNG PEOPLE AND ADULTS
55	D - to give directions to a local education authority relating to the exercise of its duty to make available to young persons and relevant young adults for whom it is responsible such services as it considers appropriate to encourage, enable or assist the effective participation of those persons in education or training.
PART 3 - ADULT SKILLS
71
4A(3)(c) 4B(2)(c) & 4B(4)(c) 4C(3)	R- To specify conditions for eligibility under the proper provision duty-R -To specify conditions for eligibility under the tuition fee payment sections Such conditions may, in particular, relate to the possession, or lack, of qualifications specified in the regulations or the completion of, or failure to complete a course for a specified qualification.		Negative Negative
	21.  B(6)(a)O - To amend subsection (2)(a) by substituting a different age		Affirmative
	22.  B(6)(b)O - To amend subsection (4)(a) by substituting a different age for either of the ages referred to there		Affirmative
	23.  B(7)O - To specify a body responsible for paying tuition fees such that a course is free to a person		Negative
	24.  C(1)(a)R - To provide circumstances in which, despite having a specified qualification, a person is to be treated for the purposes of section 4A or 4B as not having that qualification.		Negative
	25.  C(1)(b)R - To provide circumstances in which, despite not having a specified qualification, a person is to be treated for any of those purposes as having that qualification.		Negative
	26.  C(4) R - To confer a function (which may relate to the administration of an assessment and may include the exercise of a discretion) on a person specified (or of a description specified) in the regulations.		Negative
Schedule Para 3	R - To require that the LSC must assess which qualifications are at the level of attainment specified in paragraphs 6 and 7 of Schedule 1A and to publish lists of these qualifications on their website.		Negative
Schedule, para 9	O - To amend the Schedule so as to add a category of qualification, or remove a category of qualification (including the power to remove every category of qualification to which a paragraph of Part 1 applies).		Affirmative
Schedule, para 9(3)	O - To amend the Schedule by order so as to substitute a different qualification for a qualification mentioned in paragraph 6 or 7.		Affirmative
Schedule, para 9(4)	O -To amend the Schedule to make amendments which are consequential on provision made under sub-paragraph (1) or (3).		Affirmative
PART-4 - REGULATION AND INSPECTION OF INDEPENDENT EDUCATIONAL PROVISION IN ENGLAND
77	R - to exempt certain institutions from the new definition of an independent educational institution, to provide that time spent on specified activities is or is not to be treated as time during which education has been provided, and to amend subsection (2)(a) or (b) so as to substitute a different number of weeks.		Negative
79	R - to prescribe independent school standards. The standards set out in s157 of the Education Act 2002 will be retained and will be supplemented with a new standard to covering the quality of management and leadership of independent schools.		Negative
83	R - to retain the power currently contained in section 160 of the Education Act 2002 to specify the manner in which applications for registration of an independent educational institution must be made, and the information they must contain.		Negative
91	R - to set a criteria for the approval of inspectorates (other than Ofsted) to undertake inspections of independent schools.		Negative
91	R - to set a criteria for the approval of inspectorates (other than Ofsted) to undertake inspections of independent schools.		Negative
92(3)	D - a power for the Secretary of State to give directions to Ofsted about the matters to be taken into account in preparing a report and the form and content of a report about the work of independent inspectorates.
93	R - to prescribe the intervals at which HMCI will secure the inspection of independent schools.		Negative
97	R - to set the amount of the fees payable in relation to inspections by HMCI and extends the power currently contained in s164(9) of the Education Act 2002 to require payment of inspection fees.		Negative
99	R - to prescribe the circumstances and the manner in which reports are published.		Negative
105	R - a power for the Chief Inspector to be able to deregister an independent educational institution in certain circumstances.		Negative
109	R - to retain the power currently contained in s168 of the Education Act 2002 to require the proprietor of an independent institution to provide particulars relating to the institution to HMCI or the Secretary of State, may in particular require information in order to determine whether the institution is a children's home, to provide the Chief Inspector to remove from the register any institution when requirements are not complied with, and to provide that failure to comply with specified provisions is an offence. The regulations must require the Chief Inspector to notify the proprietor of any decision to remove the institution from the register and must provide that such decisions do not have effect during the period in which an appeal may be brought.		Negative
114	R - to prescribe the grounds connected with the suitability of persons to take part in management (3) to prescribe the procedure for giving directions. (5) may prescribe the grounds on which a person subject to a direction under this section may seek to have it varied or revoked.		Negative
115	R - to provide that the Tribunal may not hear appeals if a case is inconsistent with any criminal conviction of the appellant, circumstances in which appeals must be allowed and the powers available to the Tribunal when allowing an appeal.		Negative
118	(1) R - may provide for any provision of Chapter 1 of Part 1 to apply in relation to an independent post-16 college subject to prescribed modifications. (5) R - may provide for specified institutions or institutions of specified descriptions are not independent post-16 colleges, and time spent on specified activities is or is not to be treated as time during which educational training is provided, and amend subsection (3)(a) to substitute a different number of hours or weeks		Affirmative Negative
127	R - to require pupils of non maintained special schools to receive religious education unless withdrawn in accordance with parents wishes and religious worship unless they (if they are of sixth form age) or their parents withdraws their attendance.		Negative
128	R - conferring power on a Justice of the Peace, on the application of the Chief Inspector, to make an order in an urgent case that a non-maintained special school in England should cease to be approved under section 342.		Negative
129	R - to make provision for an appeal against the decision of the Chief Inspector to withdraw approval R - to make provision for an appeal against an order of a JP in an emergency		Negative Negative
PART 5 - MISCELLANEOUS AND GENERAL
134	R - admissions arrangements to sixth forms in maintained schools		Negative
135	R - about what consultation admission authorities should carry out on their admission arrangements.		Negative
Section 88H(6),	R - to prescribe certain bodies who have the power to object.		Negative
Section 88P	R - to allow the Secretary of State to prescribe the detail of what is to be covered in the reports and the timetable for their submission.		Negative
Section 94(5)	R - about the making of appeals.		Negative
138	R - Regulations detailing the procedures to be followed on the imposition of any requirement for a pupil to attend activities (at school or) out of school to improve their behaviour and the review process.		Negative
143	D - to provide for the Welsh Ministers to issue directions in relation to external qualifications, for a recognised person to comply with any conditions imposed on their recognition or accreditation.
146	R - must provide for Schools Forums to include schools members and may provide for schools forum to include other members and they make further provision as to the constitution.		Negative
151	R - to make any supplementary, incidental or consequential provisions. to the extent that such regulations amend or appeal any provision of an Act		Negative Affirmative
154	O - to bring the provisions in this Act into force, with power to make transitional provision and savings		None

 

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