Apprenticeships, Skills, Children And Learning Bill - continued          House of Lords

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Clauses 47 to 51: Persons detained in youth accommodation

871.     The Bill will amend section 562 of the Education Act 1996 to make young offenders subject to the Education Acts so that their education, so far as is practicable, matches that of children and young people in the mainstream education system. These provisions further implement the right to education in Article 28 of the United Nations Convention on the Rights of the Child by improving both access to, and the quality of, education available for juvenile offenders.

872.     Provision is made for local authorities to obtain information from a young offender’s school (or other place of learning); to pass the information to providers of education in custody; and for information to follow the young offender to different custodial establishments, where they are transferred, or other to other local authorities, upon release.

873.     Article 8(1) may be engaged in the provision of and sharing of data on young people. However, the Government is satisfied that any interference will be justified under Article 8(2). The proposals are to fulfil a social need and will be in pursuance of legitimate aims. Firstly, economic well-being as the information collected and shared will be used for improving the general educational attainment of individuals and ensuring a more skilled workforce. Secondly, the prevention of disorder and crime as increased engagement in education may reduce re-offending. The provisions are subject to the protections of Data Protection Act 1998.

Clause 119: Sharing of information for education and training purposes

874.     Data currently used and shared by the LSC for England will be transferred to the YPLA, Chief Executive of Skills Funding and local education authorities to enable these bodies to undertake functions once the LSC is dissolved. YPLA functions will also necessitate the collection of data from Academies and the sharing of data with certain third parties.

875.     Article 8(1) may be engaged in the provision of and sharing of data. However, the Government is satisfied that any interference will be justified in line with Article 8(2). First, it protects the rights and freedoms of young people to travel to different areas and facilities to access different forms of education by enabling the necessary sharing of information; second, it promotes economic well-being by facilitating improvement of education to ensure a more skilled workforce. The provisions are subject to the protections of Data Protection Act 1998.

Clauses 129, 145 and 146: Ofqual’s powers to regulate bodies awarding qualifications

876.     Ofqual will assume the regulatory role currently undertaken by the QCA. Article 6 may be engaged where Ofqual refuses to recognise a body to award particular qualifications or types of qualification, or withdraws such recognition. The Government’s view is that refusing to recognise a body or withdrawing such recognition may be a determination of a civil right. If Article 6 is engaged, the availability of an internal review process where recognition is withdrawn and judicial review ensure that the provisions are Article 6 compliant.

877.     Withdrawal of recognition is also potentially an interference with Article 1 Protocol 1. Being recognised by Ofqual may be a “possession” for the purposes of that Convention right. Whether there is a breach of this Article would depend upon individual circumstances. Where a decision to withdraw recognition is a rational one, there would be no violation of this Convention right. If an awarding body was in breach of its conditions of recognition and that breach threatened the quality of a qualification or the interests of learners seeking to gain that qualification, that fact would form justification for any engagement with Article 1 Protocol. Withdrawal of recognition would be legitimate in the public interest and as a consequence of a recognised awarding body failing to comply with conditions provided by law.

Clauses 132 and 134: Other conditions of recognition: entry and inspection conditions

878.     The Government’s view is that the imposition of a condition on an awarding to permit Ofqual to enter the body’s premises is not in breach of Article 8. Such a condition does not impose a right of entry. There are safeguards attached to such a condition. It cannot apply to a private dwelling. Notice must be given of any proposed entry and entry must be at a reasonable time. A direction that an awarding body should comply with such a condition may engage Article 8; please see below in relation to clause 145.

Clause 145: Power to give directions

879.     The Government’s view is that there is nothing inherently in breach of any ECHR Article in Ofqual’s power to give directions to recognised bodies; however use of the power in individual cases might be challenged as being in breach of Articles 6, 8 or Article 1 of Protocol 1, in which case the availability of judicial review ensures that sufficient safeguards and remedies are available.

880.     If a direction is made that impinges on the possession of recognition and the benefits which flowed from it, then a civil right for the purposes of Article 6 may be engaged. An aggrieved awarding body would have access to an impartial and impartial tribunal for the purposes of that Convention right. The provisions contain safeguards for the fair conduct of any intention to make a direction and for an internal review of such a decision, combined with the availability of judicial review. Any deprivation may engage Article 1 of Protocol but would, in the Government’s view, be justified as in the public interest and as a consequence of an awarding body violating conditions provided by law. Article 8 may be engaged where the direction making power is to direct compliance with a condition requiring permission to enter premises. The proper regulation of qualifications is necessary for the well-being of the country. No direction can be enforced without an application to the court, providing judicial scrutiny of any such proposal to direct.

Clauses 155, 161 and 178: Powers to require information and provision of information or advice

881.     Ofqual is able to require specified persons to supply information to enable fulfilment of duties to keep under review National Curriculum and Early Years Foundation Stage assessment arrangements. Ofqual and the QDCA will also supply information to the Secretary of State. Such information is unlikely to identify individuals. Article 8(1) may be engaged in this process in the exceptional circumstance where personal information is disclosed. However the Government’s view is that any interference is justified in line with Article 8(2) in the interests of the economic well-being of the country in ensuring that assessment arrangements operate to facilitate an effective education system. The provisions are subject to the protections of Data Protection Act 1998.

Clause 186: Arrangements to promote co-operation

882.     A Children’s Trust Board (CTB”) will have power to request information from its members in order to perform its functions. It is unlikely that information identifying an individual will routinely be exchanged, but where this in the case, Article 8(1) may be engaged.

883.     Assuming Article 8 is engaged, the Government is satisfied that any interference will be justified under Article 8(2). The proposals pursue a legitimate aim as the information will be shared only in order to help local services to co-operate to improve children’s well-being, and so protect their health, morals, rights and freedoms. In addition, the CTB is a public authority for the purposes of section 6 of the Human Rights Act 1998 and will therefore be required to exercise these powers in a way that is compatible with Convention rights.

Clauses 191 to 193: Children’s centres

884.     The powers of entry and related powers conferred on the Chief Inspector by new section 98D of the Childcare Act 2006 (inserted by clause 192 of the Bill) will enable the Chief Inspector to carry out inspections of children’s centres. The exercise of these powers may engage rights under Article 8 of the Convention (right to private life) and if they do, the Government’s view is that any interference with those rights is justified because it pursues the legitimate aim of inspecting children’s centres to ensure that services available there are appropriate and of the right quality to ensure the protection of the health and morals of children using the services, and their rights and freedoms. In addition, the Chief Inspector is a public authority for the purposes of section 6 of the Human Rights Act 1998 and will therefore be required to exercise these powers in a way that is compatible with Convention rights.

Clauses 235 and 238: Powers of members of staff to search school pupils and students for alcohol, controlled drugs and stolen articles and to seize such articles

885.     Existing powers to search for offensive weapons are extended to enable searches for alcohol, controlled drugs and stolen articles to be undertaken in schools and FE and sixth-form colleges without the consent of the person being searched.

886.     Article 8(1) may be engaged in the exercise of such powers; however the Government is satisfied that any interference will be justified in line with Article 8(2) as being in the interests of public safety and the prevention of disorder or crime. Students or pupils consuming alcohol or taking drugs in FE institutions and schools may become disruptive. They may place their own health and safety at risk and, where they supply alcohol and drugs to other students or pupils, place the health and safety of those other students or pupils at risk. Seizure of alcohol from them may prevent alcohol-related and alcohol-induced crime, and seizure of controlled drugs may prevent the criminal offence of supply. In relation to stolen articles, seizure of such articles and their return to the lawful owner protects the rights of the owner. Where pupils are aware that they may be searched, this may act as a deterrent to prevent theft.

887.     Seizure of a prohibited item from a student or pupil amounts to a deprivation of property and potentially interferes with Article 1 of Protocol 1; however the Government believes this to be justified. In relation to alcohol, deprivation of property is in the public interest is in the public interest in order to avoid the disruption that would result from alcohol being consumed at the institution or in school.

888.     In relation to controlled drugs, possession is unlawful, therefore deprivation will prevent the continued commission of a criminal offence; may prevent the further offence of supply being committed; and may prevent harm being caused to students or pupils as a result of taking the drugs. Because of the risks to the safety of students or pupils and of the disorder that could result from allowing students or pupils to bring alcohol and controlled drugs into a school or college, the Government believes seizure of these items to be a proportionate response.

889.     In the case of stolen articles, arguably there is no interference where the item does not belong to the student or pupil it has been seized from. It is possible that an item may be seized from its lawful owner. Nevertheless the Government believes that interference is justified in order to establish legal ownership and to determine whether a crime has been committed.

890.     Safeguards are in place and these are described in the Commentary on the clauses.

Clauses 239 and 240: Recording and reporting the use of force in schools and FE Colleges

891.     Obligations are imposed upon governing bodies of FE institutions or schools to ensure that there is a procedure in place for recording each significant incident where force is used, and reporting such incidents to parents of students or pupils under the age of 20 as soon as is reasonably practicable after the incident has occurred. There is a potential interference with the rights of students or pupils and the rights of members of staff under Article 8(1) in respect of the making of the record and its retention by the institution or school. Reporting of information to parents without the consent of the students or pupils may also be an interference with the student’s or pupil’s rights under Article 8(1).

892.     The Government, however, believes any interference to be justified and proportionate. Interference with Article 8(1) rights of staff and students or pupils in relation to the making of the record and retaining it, will be justified in line with Article 8 (2) on the basis that the purpose of recording where force has been used on children serves to ensure that the power is not misused, and so is for the purpose of protecting children’s rights.

COMMENCEMENT

893.     Clause 261 provides for commencement. Clause 56, concerning the power of LEAs to arrange provision of education at non-maintained schools, and clauses 191 to 194, which relate to children’s centres, will come into force at the end of two months from Royal Assent.

894.     Clause 261(3) lists those clauses which are brought into force in accordance with provision made by Welsh Ministers. As is clear in the subsection, some of the provisions apply to England and Wales so the Welsh Ministers have power to commence them so far as relating to Wales only; the remaining provisions in that list apply only to Wales.

895.     All other provisions may be commenced by the Secretary of State by way of commencement order, but following consultation with the Department for Employment and Learning in Northern Ireland in respect of any provision of Part 7 which confers functions on Ofqual in relation to Northern Ireland.

896.     Subsection (5) provides that the Secretary of State must ensure that clauses 89 to 97 and 102 (which relate to apprenticeship schemes for persons aged 16 to 18) are in force no later than the day after the school leaving date for 2013.

GLOSSARY OF TERMS AND ABBREVIATIONS

AACSAdult Advancement and Careers Service
CCISClient Caseload Information System
CCTACity College for the Technology of the Arts
CDLCareer Development Loan
CIPFAChartered Institute of Public Finance and Accountancy
CTB Children’s Trust Board
CYPPChildren and Young People’s Plan
DCSFDepartment for Children, Schools and Families
DIUSDepartment for Innovation, Universities and Skills
ECHREuropean Convention on Human Rights
EYFSEarly Years Foundation Stage
EYPEarly Years Provider
FEFurther Education
FEI Further Education Institution
FHEAFurther and Higher Education Act 1992
GCSEGeneral Certificate of Secondary Education
HEHigher Education
IEBInterim Executive Board
ISAIndependent Safeguarding Authority
ISBIndividual Schools Budget
ITInformation Technology
IVAIndividual Voluntary Arrangement
LALocal authority
LEA Local Education Authority
LGOLocal Government Ombudsman
LSCLearning and Skills Council
LSCBLocal Safeguarding Childrens Board
MIAPManaging Information Across Partners
NASNational Apprenticeship Service
NCNational Curriculum
NCCISNational Client Caseload Information System
NDPBNon-Departmental Public Body
NVQNational Vocational Qualification
OfstedOffice for Standards in Education, Children’s Services and Skills
OfqualOffice of Qualifications and Examinations Regulation
PRU Pupil Referral Unit
QCAQualifications and Curriculum Authority
QCDAQualifications and Curriculum Development Agency
SENDISTSpecial Educational Needs and Disability Tribunal
SFA Skills Funding Agency
SSSNBSchool Support Staff Negotiating Body
SVG ActSafeguarding Vulnerable Groups Act 2006
TTWATravel to Work Areas
VRQVocationally Related Qualification
YOIYoung Offender Institution
YPLAYoung People’s Learning Agency

ANNEX A: TERRITORIAL APPLICATION TABLE

Clause numberTitleApplication of Clause
Part 1: Apprenticeships, study and training
Chapter 1: Apprenticeships
1.     Duty to issue apprenticeship certificates: EnglandEngland only
2.     Power to issue apprenticeship certificates: EnglandEngland only
3.     Issue of certificates by the English certifying authority: supplementaryEngland only
4.     The English certifying authorityEngland only
5.     Duty to issue apprenticeship certificates: WalesWales only
6.     Power to issue apprenticeship certificates: WalesWales only
7.     Issue of certificates by the Welsh certifying authority: supplementaryWales only
8.     The Welsh certifying authorityWales only
9.     Contents of apprenticeship certificateEngland and Wales
10.     Apprenticeship frameworks: interpretationEngland and Wales
11.     English issuing authorityEngland only
12.     Issue of apprenticeship frameworks etc.: EnglandEngland only
13.     Recognised English frameworks: notification and publication requirementsEngland only
14.     Submission of draft apprenticeship framework for issue: EnglandEngland only
15.     Transitional provision for apprenticeship frameworks: EnglandEngland only
16.     Welsh issuing authorityWales only
17.     Issue of apprenticeship framework etc.: WalesWales only
18.     Recognised Welsh frameworks: notification and publication requirementsWales only
19.     Submission of draft apprenticeship framework for issue: WalesWales only
20.     Transitional provision for apprenticeship frameworks: WalesWales only
21.     Duty to prepare and submit draft specification of apprenticeship standards: EnglandEngland only
22.     Order bringing specification of apprenticeship standards for England into effectEngland only
23.     Modification of specification of apprenticeship standards for EnglandEngland only
24.     Replacement or modification of specification of apprenticeship standards: recognised English frameworksEngland only
25.     Contents of specification of apprenticeship standards for EnglandEngland only
26.     Specification of apprenticeship standards for WalesWales only
27.     Modification of specification of apprenticeship standards for WalesWales only
28.     Replacement or modification of specification of apprenticeship standards: recognised Welsh frameworksWales only
29.     Contents of specification of apprenticeship standards for WalesWales only
30.     Meaning of “apprenticeship agreement”England and Wales
31.     Ineffective provisions in an apprenticeship agreementEngland and Wales
32.     Variation of an apprenticeship agreementEngland and Wales
33.     Status of an apprenticeship agreementEngland and Wales
34.     Crown servants and Parliamentary staffEngland and Wales
35.     Careers educationEngland only
36.     Duty to participate in education or training: apprenticeship agreementsEngland only
37.     Apprenticeship sectorsEngland and Wales
38.     Interpretation of ChapterEngland and Wales
Chapter 2: Study and Training
39.     Employer support for employee study and trainingEngland, Wales and Scotland
Part 2: LEA Functions
40.     Education and training for persons over compulsory school age: general dutyEngland only
41.     Encouragement of education and training for persons over compulsory school ageEngland only
42.     LEA directions: children over compulsory school ageEngland and Wales
43.     Power to require provision of education by institution within further education sectorEngland only
44.     Duties in relation to the core and additional entitlementsEngland only
45.     Provision of boarding accommodation: persons subject to learning difficulty assessmentEngland only
46.     Work experience for persons over compulsory school ageEngland only
47.     Provision of education for persons subject to youth detentionEngland and Wales
48.     Persons detained in youth accommodation: application of provisionsEngland and Wales
49.     Persons detained in youth accommodation: further provision England and Wales
50.     Detention of child or young person: local education authority to be notified England and Wales
51.     Release from detention of child or young person with special educational needsEngland and Wales
52.     Transport policy statements for persons of sixth form age: consultationEngland only
53.     Transport policy statements for persons of sixth form age: content and publicationEngland only
54.     Complaints about transport arrangements etc for persons of sixth form ageEngland only
55.     Local education authorities in England: provision of transport etc for adult learnersEngland only
56.     Power of LEAs to arrange provision of education at non-maintained schools England and Wales
57.     Minor and consequential amendmentsEngland and Wales
Part 3: The Young People’s Learning Agency
Chapter 1: Establishment
58.     The Young People’s Learning Agency for EnglandEngland only
Chapter 2: Main functions
59.     Provision of financial resourcesEngland only
60.     Financial resources: conditionsEngland only
61.     Performance assessmentsEngland only
62.     Means testsEngland only
63.     Prohibition on chargingEngland only
64.     Securing provision of education and trainingEngland only
65.     Intervention for purpose of securing provision of education and trainingEngland only
66.     Provision of servicesUK wide
67.     Assistance with respect to employment and trainingEngland, Wales and Scotland
68.     Assistance with respect to employment and training: Northern IrelandNorthern Ireland
69.     Research, information and adviceEngland only
70.     Guidance by YPLAEngland only
71.     Intervention powers: policy statementEngland only
72.     Power of Secretary of State to confer supplementary functions on YPLAEngland only
Chapter 3: YPLA’s functions: supplementary
73.     Directions by Secretary of StateEngland only
74.     Guidance by Secretary of StateEngland only
Chapter 4: Academy Arrangements
75.     Academy arrangementsEngland only
76.     Grants for purposes of Academy arrangements functionsEngland only
77.     Academy arrangements: information sharingEngland only
Chapter 5: General
78.     Interpretation of PartEngland only
Part 4: The Chief Executive of Skills Funding
Chapter 1: Establishment and main duties
79.     The Chief Executive of Skills Funding England only
80.     Apprenticeship functionsEngland only
81.     Apprenticeship training for persons aged 16 to 18 and certain young adultsEngland only
82.     Arrangements and co-operation with local education authoritiesEngland only
83.     Encouragement of training provision etc for persons within section 81England only
84.     Education and training for persons aged 19 or over and others subject to adult detentionEngland only
85.     Learning aims for persons aged 19 or over: provision of facilitiesEngland only
86.     Learning aims for persons aged 19 or over: payment of tuition feesEngland only
87.     Sections 85 and 86: supplementaryEngland only
88.     Encouragement of education and training for persons aged 19 or over and others subject to adult detentionEngland only
89.     Duty to secure availability of apprenticeship placesEngland only
90.     Election for apprenticeship scheme England only
91.     Meaning of “apprenticeship place”England only
92.     Suitability and availability of apprenticeship places: further provisionEngland only
93.     Apprenticeship scheme requirementsEngland only
94.     Apprenticeship scheme requirements: interpretationEngland only
95.     Suspension of schemeEngland only
96.     Power to amend apprenticeship schemeEngland only
97.     Apprenticeship scheme: interpretationEngland only
Chapter 2: Other functions
98.     Provision of financial resourcesEngland only
99.     Financial resources: conditionsEngland only
100.     Performance assessmentsEngland only
101.     Means testsEngland only
102.     Assistance and support in relation to apprenticeship placesEngland only
103.     Advice and assistance in relation to apprenticeshipsEngland only
104.     Provision of servicesUK wide
105.     Assistance with respect to employment and trainingEngland, Scotland and Wales
106.     Assistance with respect to employment and training: Northern IrelandNorthern Ireland
107.     Research, information and adviceEngland only
108.     Power to confer supplementary functions on Chief ExecutiveEngland only
Chapter 3: Chief Executive’s Functions: Supplementary
109.     Strategies for functions of Chief ExecutiveEngland only
110.     Strategy for functions of Chief Executive: Greater LondonEngland only
111.     Strategies: duty of Chief ExecutiveEngland only
112.     Persons aged 19 or over with learning difficulties England only
113.     Persons subject to adult detentionEngland only
114.     Use of information by Chief ExecutiveEngland only
115.     GuidanceEngland only
116.     Directions: funding of qualificationsEngland only
117.     Other directions relating to functions of the officeEngland only
Chapter 4: General
118.     Interpretation of PartEngland only
Part 5: Parts 2 to 4: Supplementary
119.     Sharing of information for education and training purposesEngland only
120.     Dissolution of the Learning and Skills Council for EnglandEngland only
121.     Dissolution of the Learning and Skills Council: transfer schemesEngland only
Part 6: the Sixth Form College Sector
122.     Sixth form college sectorEngland only
123.     Removal of power to establish sixth form schoolsEngland only
Part 7: Office of Qualifications and Examinations Regulation
Chapter 1: Establishment, objectives and general duties
124.     The Office of Qualifications and Examinations RegulationEngland and Northern Ireland
125.     ObjectivesEngland and Northern Ireland
126.     General dutiesEngland and Northern Ireland
127.     Meaning of “regulated qualifications” etc.England and Northern Ireland
128.     Meaning of “regulated assessment arrangements” etc.England only
Chapter 2: Functions in relation to qualifications
129.     RecognitionEngland and Northern Ireland
130.     Criteria for recognitionEngland and Northern Ireland
131.     General conditions of recognitionEngland and Northern Ireland
132.     Other conditions of recognitionEngland and Northern Ireland
133.     Fee capping conditions: supplementaryEngland and Northern Ireland
134.     Entry and inspection conditions: supplementaryEngland and Northern Ireland
135.     Qualifications subject to the accreditation requirementEngland and Northern Ireland
136.     AccreditationEngland and Northern Ireland
137.     Criteria for accreditationEngland and Northern Ireland
138.     Power of Secretary of State to determine minimum requirementsEngland and Northern Ireland
139.     Assignment of numbers of hours of guided learningEngland only
140.     Criteria for assignment of number of hours of guided learningEngland only
141.     Surrender of recognitionEngland and Northern Ireland
142.     RegisterEngland and Northern Ireland
143.     Review of activities of recognised bodiesEngland and Northern Ireland
144.     Investigation of complaintsEngland and Northern Ireland
145.     Power to give directionsEngland and Northern Ireland
146.     Power to withdraw recognitionEngland and Northern Ireland
147.     Qualifications regulatory frameworkEngland and Northern Ireland
148.     Review of qualifications to which Part appliesEngland and Northern Ireland
149.     Co-operation and joint workingEngland and Northern Ireland
150.     Power to provide information to qualifications regulatorsEngland and Northern Ireland
151.     Interpretation of Chapter England and Northern Ireland
Chapter 3: Functions in relation to assessment arrangements
152.     NC assessment arrangements: duty to consult Ofqual etc.England only
153.
EYFS assessment arrangements: duty to consult Ofqual etc.England only
154.     Review of regulated assessment arrangementsEngland only
155.     Powers to require informationEngland only
156.
Duty to notify significant failingsEngland only
157.
NC assessments regulatory frameworkEngland only
158.     EYFS assessments regulatory frameworkEngland only
159.     Interpretation of Chapter England only
Chapter 4: Other functions
160.     Provision of services England and Northern Ireland
161.     Provision of information or adviceEngland and Northern Ireland
162.     Research and developmentEngland and Northern Ireland
163.     Duty not to impose or maintain unnecessary burdensEngland and Northern Ireland
164.     Annual and other reportsEngland and Northern Ireland
Chapter 5: General
165.     Interpretation of Part England and Northern Ireland
166.     Transfer schemesEngland and Northern Ireland
167.     Minor and consequential amendments
Part 8 : The Qualifications and Curriculum Development Agency
Chapter 1: The QCDA, objectives and general duties
168.
The Qualifications and Curriculum Development AgencyEngland only
169.     ObjectiveEngland only
170.     General dutiesEngland only
Chapter 2: Functions in relation to qualifications
171.     Qualifications within the QCDA’s remitEngland only
172.     Qualifications: general functionsEngland only
173.     Assistance etc. in relation functions of OfqualEngland only
Chapter 3: Functions in relation to curriculum, early years foundation stage and assessment
174.     Curriculum England only
175.     Early learning goals and educational programmesEngland only
176.     Assessment arrangements England only
Chapter 4: Other functions and supplementary provision
177.     Provision of services or other assistanceEngland only
178.     Provision of information or adviceEngland only
179.     Ancillary activitiesEngland only
180.     Co-operation and joint workingEngland only
181.     Power to confer supplementary functions on the QCDAEngland only
182.     Directions etc. by the Secretary of StateEngland only
183.     Guidance by the Secretary of StateEngland only
Chapter 5: General
184.     Interpretation of Part England only
185.     Minor and consequential amendmentsEngland only
Part 9: Children’s Services
186.     Arrangements to promote co-operationEngland only
187.     Children’s Trust BoardsEngland only
188.     Targets for safeguarding and promoting the welfare of childrenEngland only
189.     Local Safeguarding Children Boards: lay membersEngland only
190.     Local Safeguarding Children Boards: annual reportsEngland only
191.     Arrangements for children’s centresEngland only
192.     Inspection of children’s centresEngland only
193.     Children’s centres: safeguarding childrenEngland only
194.     Arrangements in respect of early childhood servicesEngland only
195.     Free of charge early years provision: budgetary framework: EnglandEngland only
Part 10: Schools
Chapter 1: Schools causing concern
196.     Powers in relation to schools causing concern: EnglandEngland only
197.     Power to require LEAs in England to obtain advisory servicesEngland only
198.     Powers in relation to schools causing concern: WalesWales only
Chapter 2: Complaints: England
199.     Complaints to which this Chapter appliesEngland only
200.     Power of Local Commissioner to investigate complaintEngland only
201.     Time-limit etc for making complaintEngland only
202.     Procedure in respect of investigationsEngland only
203.     Investigations: further provisionsEngland only
204.     Statements about investigationsEngland only
205.     Adverse findings noticesEngland only
206.     Publication of statements etc. by Local CommissionerEngland only
207.     Disclosure of informationEngland only
208.
Permitted disclosures of information by Local CommissionerEngland only
209.     Law of DefamationEngland only
210.     Consultation with Parliamentary Commissioner for AdministrationEngland only
211.     Arrangements etc. to be made by CommissionEngland only
212.     Annual reportsEngland only
213.     Secretary of State’s power of directionEngland only
214.     Disapplication of certain powers of Secretary of StateEngland only
215.     Power to amend meaning of “qualifying school”England only
216.     Amendments consequential on Chapter 2England only
217.     Interpretation of Chapter 2England only
Chapter 3: Inspections
218.     Interim statementsEngland only
219.     Powers of persons providing administrative support in connection with inspectionsEngland only
Chapter 4: School support staff pay and conditions: England
220.     The School Support Staff Negotiating BodyEngland only
221.     Matters within SSSNB’s remitEngland only
222.     Referral of matter to SSSNB for considerationEngland only
223.     Consideration of other matters by SSSNBEngland only
224.     Agreement submitted by SSSNB under section 222 or 223England only
225.     Reconsideration of agreement by SSSNBEngland only
226.     SSSNB’s submission of agreement following reconsideration: powers of Secretary of StateEngland only
227.     Powers of Secretary of State in absence of SSSNB agreementEngland only
228.     Effect of order ratifying SSSNB agreementEngland only
229.     Effect of order making provision otherwise than in terms of SSSNB agreementEngland only
230.     Orders: supplementaryEngland only
231.     GuidanceEngland only
232.
Non-statutory School Support Staff Negotiating BodyEngland only
233.     “School support staff”England only
234.     General interpretationEngland only
Part 11: Learners
235.     Power of members of staff to search pupils for prohibited items: England England only
236.     Power of members of staff to search pupils for weapons: WalesWales only
237.     Power of member of staff to search students for prohibited items: EnglandEngland only
238.     Power of members of staff to search students for weapons: WalesWales only
239.     Recording and reporting the use of force in schools: EnglandEngland only
240.     Recording and reporting the use of force in FE colleges: EnglandEngland only
241.     Co-operation with a view to promoting good behaviour, etc: EnglandEngland only
242.
Short stay schools: miscellaneousEngland only
Part 12: Miscellaneous
243.     Information about planned and actual expenditureEngland only
244.     Information about expenditure: supplementaryEngland only
245.     Information about expenditure: consequential amendmentsEngland and Wales
246.     Provision of social security information for purposes of functions under Education and Skills Act 2008England only
247.     Provision of other information in connection with support servicesEngland only
248.     Further education corporations in England: co-operation and promotion of well-beingEngland only
249.     Student loans under the 1998 Act: IVAsEngland, Wales and Northern Ireland
250.     Student loans under the 1990 Act: IVAs and bankruptcyEngland, Wales and Northern Ireland
251.     Power to award foundation degrees: WalesWales only
252.     Complaints: WalesWales only
253.     Local Government Act 1974: minor amendmentEngland and Wales
Part 13: General
254.     Orders and regulationsUK wide
255.     Directions UK wide
256.     General interpretation of ActUK wide
257.     Power to make consequential and transitional provision etc
258.     Repeals and revocations
259.     Financial provisionsUK wide
260.     ExtentUK wide
261.     CommencementUK wide
262.     Short titleUK wide
 
 
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Prepared: 7 May 2009