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Index to Apprenticeships, Skills, Children And Learning Bill


 
INTRODUCTION

BACKGROUND AND SUMMARY

Local education authority

OVERVIEW OF THE STRUCTURE

Part 2: Local Education Authority (LEA) Functions

Part 3: The Young People’s Learning Agency for England

Part 4: The Chief Executive of Skills Funding

Part 5: Parts 2 to 4 Supplementary

Part 6: The sixth form college sector

Part 7: Office of Qualifications and Examinations Regulation

Part 8: Qualifications and Curriculum Development Agency

Part 9: Children’s Services

Part 10: Schools

Part 11: Learners

Part 12: Miscellaneous

TERRITORIAL EXTENT AND APPLICATION

Territorial application: Scotland

Territorial application: Wales

Territorial application: Northern Ireland

COMMENTARY ON CLAUSES

Chapter 1: Apprenticeships

Clause 1: Duty to issue apprenticeship certificates: England

Clause 2: Power to issue apprenticeship certificates: England

Clause 3: Issue of certificates by the English certifying authority: supplementary

Clause 4: The English certifying authority

Clause 5: Duty to issue apprenticeship certificates: Wales, Clause 6: Power to issue apprenticeship certificates: Wales, Clause 7: Issue of certificates by the Welsh certifying authority: supplementary, Clause 8: The Welsh certifying authority

Clause 9: Contents of apprenticeship certificate

Apprenticeship frameworks: England and Wales

Apprenticeship Frameworks: England

Clause 12: Issue of apprenticeship frameworks etc.: England

Clause 13: Recognised English frameworks: notification and publication requirements

Clause 15: Transitional provision for apprenticeship frameworks: England

Apprenticeship frameworks: Wales

Specification of apprenticeship standards: England

Clause 21: Duty to prepare and submit draft specification of apprenticeship standards: England

Clause 22: Order bringing specification of apprenticeship standards for England into effect

Clause 23: Modification of specification of apprenticeship standards for England

Clause 24: Replacement or modification of specification of apprenticeship standards: recognised English frameworks

Clause 25: Contents of specification of apprenticeship standards for England

Specification of apprenticeship standards: Wales

Apprenticeship agreements: England and Wales

Clause 31: Ineffective provisions in an apprenticeship agreement

Clause 32: Variation of an apprenticeship agreement

Clause 33: Status of an apprenticeship agreement

Clause 34: Crown servants and Parliamentary staff

Careers education in schools: England

Duty to participate in education or training: England

General

Chapter 2: Study and Training

Schedule 1: Employee study and training: minor and consequential amendments

PART 2: LEA FUNCTIONS

Clause 40: Education and training for persons over compulsory school age: general duty

Clause 41: Encouragement of education and training for persons over compulsory school age

The core and additional entitlements

Provision of boarding accommodation: persons subject to learning difficulty assessment

Work experience

Persons detained in youth accommodation

Clause 48: Persons detained in youth accommodation: application of provisions

Clause 49: Persons detained in youth accommodation: further provision

Clause 50: Detention of child or young person: local education authority to be notified

Clause 51: Release from detention of child or young person with special educational needs

Clause 52: Transport policy statements for persons of sixth form age: consultation

Clause 53: Transport policy statements for persons of sixth form age: content and publication

Clause 54: Complaints about transport arrangements etc for persons of sixth form age

Clause 55: Local education authorities in England: provision of transport etc for adult learners

Powers in respect of non-maintained schools

Clause 57 and Schedule 2: Minor and consequential amendments

PART 3: THE YOUNG PEOPLE’S LEARNING AGENCY FOR ENGLAND

Chapter 1: Establishment

Schedule 3: The Young People’s Learning Agency for England

Chapter 2: Main Functions

Clause 60: Financial resources: conditions

Clause 61: Performance assessments

Clause 62: Means tests

Clause 63: Prohibition on charging

Clause 64: Securing provision of education or training

Provision of services and assistance

Clause 67: Assistance with respect to employment and training, Clause 68: Assistance with respect to employment and training: Northern Ireland

Miscellaneous

Clause 70: Guidance by YPLA

Clause 71: Intervention powers: policy statement

Clause 72: Power of Secretary of State to confer supplementary functions on YPLA

Chapter 3: YPLA’s Functions: Supplementary

Clause 74: Guidance by Secretary of State

Chapter 4: Academy Arrangements

Clause 76: Grants for purposes of Academy arrangements functions

Clause 77: Academy arrangements: information sharing

PART 4: THE CHIEF EXECUTIVE OF SKILLS FUNDING

Clause 79: The Chief Executive of Skills Funding

Schedule 4: The Chief Executive of Skills Funding

Apprenticeship training for persons aged 16 to 18 and certain young adults

Education and training for persons aged 19 or over etc.

Clause 85: Learning aims for persons aged 19 or over: provision of facilities

Clause 86: Learning aims for persons aged 19 or over: payment of tuition fees

Clause 87: Sections 85 and 86: supplementary

Schedule 5: Learning aims for persons aged 19 or over

Clause 88: Encouragement of education and training for persons aged 19 or over and others subject to adult detention

Clause 93: Apprenticeship scheme requirements and Clause 94: Apprenticeship scheme requirements: interpretation

Clause 98: Provision of financial resources

Clause 99: Financial resources: conditions

Clause 100: Performance assessments

Clause 101: Means tests

Clause 102: Assistance and support in relation to apprenticeship places

Clause 103: Advice and assistance in relation to apprenticeships

Clause 104: Provision of services

Clause 105: Assistance with respect to employment and training, Clause 106: Assistance with respect to employment and training: Northern Ireland

Clause 107: Research, information and advice

Clause 108: Power to confer supplementary functions on Chief Executive

Chapter 3: Chief Executive’s functions: supplementary

Clause 110: Strategy for functions of Chief Executive: Greater London

Clause 111: Strategies: duty of Chief Executive

Clause 112: Persons aged 19 or over with learning difficulties

Clause 113: Persons subject to adult detention

Clause 114: Use of information by Chief Executive

Clause 115: Guidance

Clause 116: Directions: funding of qualifications

Clause 117: Other directions relating to the functions of the office

PART 5: PARTS 2 TO 4: SUPPLEMENTARY

The Learning and Skills Council for England

Schedule 6: Dissolution of the Learning and Skills Council for England: Minor and consequential amendments

Schedule 7: Learning and Skills Council for England: transfer schemes

PART 6: THE SIXTH FORM COLLEGE SECTOR

Clause 123: Removal of power to establish sixth form schools

Schedule 8: Sixth form college sector

Section 33A: Initial designation of existing bodies corporate as sixth form college corporations

Section 33B: Subsequent designation of existing bodies corporate as sixth form college corporations

Section 33C: Establishment of new bodies corporate as sixth form college corporations

Section 33D: Conversion of sixth form college corporations into further education corporations

Section 33E: Principal powers of a sixth form college corporation, Section 33F: Supplementary powers of a sixth form college corporation, Section 33G: Further provision about supplementary powers

Section 33H: Duty in relation to promotion of well-being of local area

Section 33I: Constitution of sixth form college corporation and conduct of sixth form college, Section 33J: Special provision for certain institutions, Section 33K: Instrument and articles of new sixth form college corporations, Section 33L: Changes to instruments and articles

Section 33M: Charitable status of a sixth form college corporation

Section 33N: Dissolution of sixth form college corporations

Sections 56E and 56F: Intervention by LEAs: sixth form colleges

Section 56G: Intervention policy: sixth form colleges

Sections 56H & 56I: Intervention by YPLA

Section 56J: Notification by Chief Executive of Skills Funding of possible grounds for intervention

PART 7: OFFICE OF QUALIFICATIONS AND EXAMINATIONS REGULATION

Chapter 1: Establishment, objectives and general duties

Schedule 9: The Office of Qualifications and Examinations Regulation

Status

Membership

Chief executive and other staff

Committees

Objectives and general duties

Clause 126: General duties

Regulated qualifications and regulated assessment arrangements

Clause 128: Meaning of “regulated assessment arrangements”etc.

Chapter 2: Functions in relation to qualifications

Recognition of awarding bodies

Clause 130: Criteria for recognition

Clause 131: General conditions of recognition

Clause 132: Other conditions of recognition

Clause 133: Fee capping conditions: supplementary

Clause 134: Entry and inspection conditions: supplementary

Accreditation of certain qualifications

Clause 136: Accreditation

Clause 137: Criteria for accreditation

Recognition and accreditation: supplementary

Clause 139: Assignment of numbers of hours of guided learning

Clause 140: Criteria for assignment of numbers of hours of guided learning

Clause 141: Surrender of recognition

Clause 142: Register

Recognised bodies: monitoring and enforcement

Clause 144: Investigation of complaints

Ofqual’s enforcement powers

Clause 145: Power to give directions

Clause 146: Power to withdraw recognition

Clause 147: Qualifications regulatory framework

Other

Clause 149: Co-operation and joint working

Clause 150: Power to provide information to qualifications regulators

Chapter 3: Functions in relation to assessment arrangements

Development etc. of regulated assessment arrangements

Review etc. of regulated assessment arrangements

Clause 155: Powers to require information

Clause 156: Duty to notify significant failings

Regulatory frameworks

Chapter 4: Other functions

Clause 162: Research and development

Clause 163: Duty not to impose or maintain unnecessary burdens

Clause 164: Annual and other reports

Chapter 5: General

Clause 166: Transfer schemes

Schedule 10: Ofqual: transfer schemes

Clause 167: Minor and consequential amendments

PART 8: THE QUALIFICATIONS AND CURRICULUM DEVELOPMENT AGENCY

The QCDA

Schedule 11: The Qualifications and Curriculum Development Agency

Objective and general duties

Clause 170: General duties

Chapter 2: Functions in relation to qualifications

Clause 172: Qualifications: general functions

Clause 173: Assistance etc. in relation to qualifications functions of Ofqual

Chapter 3: Functions in relation to curriculum, Early Years Foundation Stage and assessment

Clause 174: Curriculum

Clause 175: Early learning goals and educational programmes

Clause 176: Assessment arrangements

Chapter 4: Other functions and supplementary provision

Clause 178: Provision of information or advice

Clause 179: Ancillary activities

Clause 180: Co-operation and joint working

Clause 181: Power to confer supplementary functions on the QCDA

Supplementary provision

Clause 183: Guidance by the Secretary of State

Chapter 5: General

Schedule 12: Ofqual and the QCDA: minor and consequential amendments

(1) Those that relate to the establishment of Ofqual as a new Non-Ministerial Department and to the change of name and charitable status of the Qualifications and Curriculum Authority (paragraphs 1-10, 20, 25, 30 and 43).

(3) The repeal of sections 21 to 26A, section 36 and Schedule 4 to the Education Act 1997 (paragraphs 13 and 20-24)

(4) Amendments to the provisions in the Education Act 1997 governing the regulation of qualifications in Wales, keeping the regulatory powers of Welsh Ministers broadly in step with those of Ofqual (paragraphs 14-19)

Paragraph 15

Paragraph 16

Paragraph 17

Paragraph 18

Paragraph 19

(5) Amendments to the provisions of the Learning and Skills Act 2000 governing eligibility for public funding for qualifications in maintained schools etc (paragraphs 26-29)

(6) Amendments to the provisions of the Education Act 2002 and the Childcare Act 2006 governing NC and Early Years Foundation Stage assessments (paragraphs 31 to 35 and 38 to 41)

Education Act 2002 and Childcare Act 2006

(7) Changes to procedures for exemptions from the National Curriculum and Early Years Foundation Stage: Education Act 2002 and Childcare Act 2006 (paragraphs 36 and 42)

(8) Changes to streamline consultation relating to the National Curriculum: section 96 of the Education Act 2002 (paragraph 37)

PART 9: CHILDREN’S SERVICES

Clause 186: Arrangements to promote co-operation

Clause 187: Children’s Trust Boards

Safeguarding and promoting the welfare of children

Clause 189: Local Safeguarding Children Boards: lay members

Clause 190: Local Safeguarding Children Boards: annual reports

Children’s centres

Clause 191: Arrangements for children’s centres

Clause 192: Inspection of children’s centres

Clause 193: Children’s centres: safeguarding children

Clause 194: Arrangements in respect of early childhood services

Early years provision: budgetary framework

PART 10: SCHOOLS

Clause 196: Powers in relation to schools causing concern: England

Schedule 13: Powers in relation to schools causing concern: England

Clause 197: Power to require LEAs in England to obtain advisory services

Clause 198, and Schedule 14: Powers in relation to schools causing concern: Wales

Chapter 2: Complaints: England

Clause 199: Complaints to which this Chapter applies

Clause 200: Power of Local Commissioner to investigate complaint

Clause 201: Time-limit etc for making complaint

Clause 202: Procedures in respect of investigations

Clause 203: Investigations: further provisions

Clause 204: Statements about investigations

Clause 205: Adverse findings notices

Clause 206: Publication of statements etc. by Local Commissioner

Clause 207: Disclosure of information, Clause 208: Permitted disclosures of information by Local Commissioner

Clause 209: Law of defamation

Clause 210: Consultation with Parliamentary Commissioner for Administration

Clause 211: Arrangements etc. to be made by Commission

Clause 212: Annual reports

Clause 215: Power to amend meaning of “qualifying school”

Clause 216: Amendments consequential on Chapter 2

Chapter 3: Inspections

Clause 219: Powers of persons providing administrative support in connection with inspections

Chapter 4: School Support Staff Pay and Conditions: England

The SSSNB

Schedule 15: The School Support Staff Negotiating Body

Clause 221: Matters within SSSNB’s remit

Clause 222: Referral of matter to SSSNB for consideration

Clause 223: Consideration of other matters by SSSNB

Clause 227: Powers of Secretary of State in absence of SSSNB agreement

Clause 228: Effect of order ratifying SSSNB agreement

Clause 230: Orders: supplementary

Clause 231: Guidance

Clause 232: Non-statutory School Support Staff Negotiating Body

Clause 233: “School support staff”

Clause 234: General interpretation

PART 11: LEARNERS

Section 550ZA: Power of members of staff to search for prohibited items: England

Section 550ZB: Power of search under section 550ZA: supplementary

Section 550ZC: Power to seize items found during search under section 550ZA

Section 550ZD: Section 550ZC: supplementary

Clause 236: Power of members of staff to search pupils for weapons: Wales

Clause 237: Power of members of staff to search students for prohibited items: England

Section 85AA: Power of members of staff to search for prohibited items: England

Section 85AB: Power of search under section 85AA: supplementary

Section 85AC: Power to seize items found during search under section 85AA

Section 85AD: Section 85AC: supplementary

Clause 238: Power of members of staff to search pupils for weapons: Wales

Recording and reporting use of force

Clause 239: Recording and reporting the use of force in schools: England

Clause 240: Recording and reporting the use of force in FE colleges: England

School behaviour and attendance partnerships

Short stay schools

Clause 242: Short stay schools: miscellaneous

PART 12: MISCELLANEOUS

Clause 243: Information about planned and actual expenditure

Clause 244: Information about expenditure: supplementary

Clause 245: Information about expenditure: consequential amendments

Support for participation in education and training

Clause 246: Provision of social security information for purposes of functions under Education and Skills Act 2008

Clause 247: Provision of other information in connection with support services

Clause 248: Further education corporations in England: co-operation and promotion of well-being

Student loans

Clause 251: Power to award foundation degrees: Wales

PUBLIC SECTOR FINANCIAL COST AND MANPOWER IMPLICATIONS

SUMMARY OF THE IMPACT ASSESSMENT

EUROPEAN CONVENTION ON HUMAN RIGHTS

Clause 33: Status of an apprenticeship agreement

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

COMMENCEMENT

GLOSSARY OF TERMS AND ABBREVIATIONS

ANNEX A: TERRITORIAL APPLICATION TABLE

 
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Prepared: 7 May 2009