Education Act 1997

Type Public General Act
Publication 1997-03-21
Last updated 2025-09-01
State In force
Department Statute Law Database
articles Not indexed
Reform history JSON API

Functions of the National Assembly for Wales in relation to relevant qualifications

Qualifications functions of Welsh Ministers: co-operation and joint working etc.

32ZA

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32B

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32C

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Inspector’s rights of entry etc.

Provision of careers information at schools and other institutions.

42A
  • (1) The responsible authorities for a school in England within subsection (2) must secure that all registered pupils at the school are provided with independent careers guidance during their secondary education.
  • (2) A school is within this subsection if it provides secondary education and is one of the following—
  • (a) a community, foundation or voluntary school;
  • (b) a community or foundation special school (other than one established in a hospital);
  • (c) a pupil referral unit;
  • (d) an Academy school;
  • (e) an alternative provision Academy.
  • (3) The responsible authorities for a school within subsection (2) are—
  • (a) in the case of a school within subsection (2)(a) or (b), its governing body;
  • (b) in the case of a pupil referral unit, the local authority that maintain it;
  • (c) in the case of an Academy school or an alternative provision Academy, the proprietor.
  • (4) The responsible authorities must secure that careers guidance provided under subsection (1)—
  • (a) is presented in an impartial manner,
  • (b) includes information on options available in respect of 16 to 18 education or training, including apprenticeships, and
  • (c) is guidance that the person giving it considers will promote the best interests of the pupils to whom it is given.
  • (4A) Subsection (4)(b) does not apply in relation to pupils over compulsory school age.
  • (5) Careers guidance provided to pupils at a school is independent for the purposes of this section if it is provided other than by—
  • (a) a teacher employed or engaged at the school, or
  • (b) any other person employed at the school.
  • (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (7) In this section—
  • ...
  • career” includes undertaking any training, education, employment or occupation;
  • careers guidance” means guidance about careers;
  • ...
  • 16 to 18 education or training” means education or training suitable to the requirements of persons who have ceased to be of compulsory school age but have not attained the age of 18;
  • training” includes a voluntary or other placement apt to enable the development of any skill or competency (whether or not taking place at a time when the person concerned is still a registered pupil at a school in England).

Functions of local authorities as regards exceptional educational provision.

32AA

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32AB

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32AC

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32AD

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32BA

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32BB

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32BC

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Schools and other institutions in Wales to co-operate with careers advisers.

Functions of local authorities as regards exceptional educational provision.

The Qualifications and Curriculum Authority.

Other functions of the Authority.

Power of Welsh Ministers to give directions

42B
  • (1) The proprietor of a school in England within subsection (2) must ensure that there are opportunities for a range of education and training providers to access registered pupils during the relevant phase of their education for the purpose of informing them about approved technical education qualifications or apprenticeships.
  • (1A) In complying with subsection (1), the proprietor must give access to registered pupils on at least two occasions during each of the first, second and third key phase of their education.
  • (2) A school is within this subsection if it provides secondary education and is one of the following—
  • (a) an Academy;
  • (b) an alternative provision Academy;
  • (c) a community, foundation or voluntary school;
  • (d) a community or foundation special school (other than one established in a hospital);
  • (e) a pupil referral unit.
  • (2A) The proprietor of a school in England within subsection (2) must—
  • (a) ensure that, during each of the first and second key phases of the education of each registered pupil—
  • (i) on at least two occasions the pupil meets at least one provider to whom access is given (or any other number of such providers that may be specified for the purposes of that key phase by regulations under subsection (8)), and
  • (ii) the pupil does not meet exactly the same provider or providers on each of those occasions, and
  • (b) ask providers to whom access is given to provide information that includes the following—
  • (i) information about the provider and the approved technical education qualifications or apprenticeships that the provider offers,
  • (ii) information about the careers to which those technical education qualifications or apprenticeships might lead,
  • (iii) a description of what learning or training with the provider is like, and
  • (iv) responses to questions from the pupils about the provider or approved technical education qualifications and apprenticeships.
  • (2B) Access given under subsection (1) must be for a reasonable period of time during the standard school day.
  • (3) The proprietor of a school in England within subsection (2) must prepare a policy statement setting out the circumstances in which education and training providers will be given access to registered pupils for the purpose of informing them about approved technical education qualifications or apprenticeships.
  • (4) The proprietor must ensure that the policy statement is followed.
  • (5) The policy statement must include—
  • (a) any procedural requirements in relation to requests for access;
  • (b) grounds for granting and refusing requests for access;
  • (c) details of premises or facilities to be provided to a person who is given access and the times at which the access is to be given;
  • (d) an explanation of how the proprietor proposes to comply with the obligations imposed under subsection (2A).
  • (6) The proprietor may revise the policy statement from time to time.
  • (7) The proprietor must publish the policy statement and any revised statement.
  • (8) The Secretary of State may by regulations make provision supplementing subsection (1) or (2A), for example provision about who is to be given access to pupils, to which pupils they are to be given access and how and when.
  • (9) For the purposes of this section the relevant phase of a pupil's education is the period—
  • (a) beginning at the same time as the school year in which the majority of pupils in the pupil's class attain the age of 13, and
  • (b) ending with the expiry of the school year in which the majority of pupils in the pupil's class attain the age of 18.
  • (9A) For the purposes of this section—
  • (a) the first key phase of a pupil’s education is the period—
  • (i) beginning at the same time as the school year in which the majority of pupils in the pupil’s class attain the age of 13, and
  • (ii) ending with 28 February in the following school year;
  • (b) the second key phase of a pupil’s education is the period—
  • (i) beginning at the same time as the school year in which the majority of pupils in the pupil’s class attain the age of 15, and
  • (ii) ending with 28 February in the following school year;
  • (c) the third key phase of a pupil’s education is the period—
  • (i) beginning at the same time as the school year in which the majority of pupils in the pupil’s class attain the age of 17, and
  • (ii) ending with 28 February in the following school year.
  • (10) In this section “approved technical education qualification” means a qualification approved under section A2D3 or A2D5 of the Apprenticeships, Skills, Children and Learning Act 2009.

Provision of careers information at schools and other institutions.

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