Apprenticeships, Skills, Children and Learning Act 2009

• (a) the Secretary of State, and

• (b) such EYFS responsible bodies and other persons as it considers appropriate.

• (4) An EYFS responsible body must have regard to the EYFS assessments regulatory framework in performing its functions in relation to EYFS assessment arrangements.

General

Interpretation of Chapter

166

In this Chapter—

• “EYFS assessment arrangements” has the meaning given by section 131;

• “EYFS responsible body” has the meaning given by section 162;

• “NC assessment arrangements” has the meaning given by section 131;

• “NC responsible body” has the meaning given by section 162.

Chapter 4 — Other functions

Provision of services

167

• (1) Ofqual may, in connection with any of its functions, provide services to any person (whether or not in the United Kingdom).

• (2) Services provided by virtue of this section may be provided on such terms and subject to such conditions (if any) as Ofqual may determine.

• (3) Ofqual may charge a fee for, or in connection with, any service provided by virtue of this section.

Provision of information or advice

168

• (1) If requested to do so by the Secretary of State, Ofqual must provide the Secretary of State with information or advice on such matters relating to any of its functions as may be specified in the request.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Research and development

169

• (1) Ofqual may carry out programmes of research and development for purposes connected with—

• (a) qualifications to which this Part applies, or

• (b) regulated assessment arrangements.

• (2) Ofqual may commission, co-ordinate or facilitate the carrying out of programmes of research and development for the purposes mentioned in subsection (1).

Duty not to impose or maintain unnecessary burdens

170

• (1) Ofqual must keep its regulatory functions under review.

• (2) Ofqual must secure that in performing any of its regulatory functions it does not—

• (a) impose burdens which it considers to be unnecessary, or

• (b) maintain burdens which it considers to have become unnecessary.

• (3) Subsection (2) does not require the removal of a burden which has become unnecessary where its removal would, having regard to all the circumstances, be impracticable or disproportionate.

• (4) Ofqual must publish a statement setting out—

• (a) what it proposes to do pursuant to subsections (1) and (2) in the period to which the statement relates,

• (b) (except in the case of the first statement published under this section) what it has done pursuant to subsections (1) and (2) since the previous statement was published under this section, and

• (c) where a burden which has become unnecessary is maintained pursuant to subsection (3), the reasons why the removal of the burden would, having regard to all the circumstances, be impracticable or disproportionate.

• (5) The first statement published under this section—

• (a) must be published as soon as reasonably practicable after the commencement of section 127, and

• (b) is to be a statement for the period of 12 months beginning with the day of its publication.

• (6) A subsequent statement published under this section—

• (a) must be published during the period to which the previous statement related or as soon as reasonably practicable after the end of that period, and

• (b) must be a statement for the period of 12 months beginning with the end of the period to which the previous statement related.

• (7) Ofqual must, in performing any of its regulatory functions during a period for which a statement is in force under this section, have regard to the statement.

• (8) In this section “regulatory function” has the same meaning as in the Legislative and Regulatory Reform Act 2006 (c. 51) (see section 32 of that Act).

Annual and other reports

171

• (1) As soon as reasonably practicable after the end of each reporting period Ofqual must prepare and publish a report for the period (“the annual report”).

• (2) The annual report must include—

• (a) a statement of what Ofqual has done in performing its functions in the reporting period;

• (b) an assessment of the extent to which Ofqual has met its objectives in that period;

• (c) details of any information obtained by Ofqual in that period on the levels of attainment in relevant regulated qualifications.

• (3) “Relevant regulated qualifications” are regulated qualifications that are taken wholly or mainly by pupils at schools in England.

• (4) An assessment under subsection (2)(b) in respect of the qualifications standards objective must in particular explain how, in making the assessment, Ofqual has taken account of any information within subsection (2)(c) obtained in the reporting period or an earlier reporting period.

• (5) If arrangements of the kind mentioned in section 150(2) (arrangements for referral of complaints to an independent party) were in place during the reporting period, the annual report must include a description of the activities of the independent party during the reporting period.

• (6) Ofqual must—

• (a) lay a copy of each annual report before Parliament;

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) Ofqual may prepare and publish other reports on matters relating to its functions.

• (8) If Ofqual prepares and publishes a report under subsection (7) it may—

• (a) lay a copy of the report before Parliament;

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (9) Ofqual may comply with subsection (1) by preparing and publishing a single document or separate documents ....

• (10) In this section “reporting period” means—

• (a) the period (being not longer than 12 months) beginning with the day on which section 127 comes into force and ending on such date as Ofqual decides;

• (b) each successive period of 12 months.

Chapter 5 — General

Interpretation of Part

172

• (1) In this Part—

• “institution within the higher education sector”—in relation to England, has the same meaning as in the Education Act 1996 (c. 56) (see section 4(4) of that Act);...

• “Ofqual” means the Office of Qualifications and Examinations Regulation;

• “qualification to which this Part applies” has the meaning given by section 130;

• “regulated assessment arrangements” has the meaning given by section 131;

• “regulated qualification” has the meaning given by section 130;

• “the specified purposes”, in relation to regulated assessment arrangements, has the meaning given by section 131.

• (2) In this Part a reference to the award or authentication of a qualification includes a reference to—

• (a) the award or authentication of credits in respect of components of a qualification, and

• (b) the award or authentication of a qualification by a body either alone or jointly with others.

• (3) In this Part a reference to recognition, or being recognised, in respect of a qualification is a reference to recognition, or being recognised, under section 132 in respect of the award or authentication of the qualification or of a description of qualification which applies to the qualification.

Transfer schemes

173

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Minor and consequential amendments

174

Schedule 12 contains minor and consequential amendments relating to the provision made by this Part (and Part 8).

Part 8 — The Qualifications and Curriculum Development Agency

Chapter 1 — The QCDA, objective and general duties

The QCDA

The Qualifications and Curriculum Development Agency

175

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Objective and general duties

Objective

176

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General duties

177

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Chapter 2 — Functions in relation to qualifications

Qualifications within the QCDA’s remit

178

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Qualifications: general functions

179

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Assistance etc. in relation to qualifications functions of Ofqual

180

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

Curriculum

181

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Early learning goals and educational programmes

182

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Assessment arrangements

183

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chapter 4 — Other functions and supplementary provision

Other functions

Provision of services or other assistance

184

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Provision of information or advice

185

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Ancillary activities

186

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Co-operation and joint working

187

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Power to confer supplementary functions on the QCDA

188

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Supplementary provision

Directions etc. by the Secretary of State

189

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Guidance by the Secretary of State

190

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chapter 5 — General

Interpretation of Part

191

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Minor and consequential amendments

192

Schedule 12 contains minor and consequential amendments relating to the provision made by this Part (and by Part 7).

Part 9 — Children's services

Co-operation to improve well-being of children

Arrangements to promote co-operation

193

• (1) Section 10 of the Children Act 2004 (c. 31) (co-operation to improve well-being) is amended as set out in subsections (2) to (5).

• (2) In subsection (4)—

• (a) after paragraph (f) insert—

(fa) the governing body of a maintained school that is maintained by the authority in their capacity as a local authority; (fb) the proprietor of a school approved by the Secretary of State under section 342 of the Education Act 1996 and situated in the authority's area; (fc) the proprietor of a city technology college, city college for the technology of the arts or Academy situated in the authority's area; (fd) the governing body of an institution within the further education sector the main site of which is situated in the authority's area; (fe) the Secretary of State, in relation to the Secretary of State's functions under section 2 of the Employment and Training Act 1973.

;

• (b) omit paragraph (g).

• (3) After subsection (5) insert—

(5A) For the purposes of arrangements under this section a relevant person or body may— (a) provide staff, goods, services, accommodation or other resources to another relevant person or body; (b) make contributions to a fund out of which relevant payments may be made.

• (4) Omit subsections (6) and (7).

• (5) After subsection (9) insert—

(10) In deciding for the purposes of subsection (4)(fd) whether the main site of an institution within the further education sector is situated within the area of a children's services authority, the authority and the governing body of the institution must have regard to any guidance given to them by the Secretary of State. (11) In this section— - “governing body”, in relation to an institution within the further education sector, has the meaning given by section 90 of the Further and Higher Education Act 1992; - “institution within the further education sector” has the meaning given by section 4(3) of the Education Act 1996; - “maintained school” has the meaning given by section 39(1) of the Education Act 2002; - “proprietor”, in relation to a city technology college, city college for the technology of the arts, Academy or other school, means the person or body of persons responsible for its management; - “relevant payment”, in relation to a fund, means a payment in respect of expenditure incurred, by a relevant person or body contributing to the fund, in the exercise of its functions; - “relevant person or body” means— 1. a children's services authority in England; 2. a relevant partner of a children's services authority in England.

Children’s Trust Boards

194

• (1) Part 2 of the Children Act 2004 (c. 31) (children's services in England) is amended as set out in subsections (2) to (5).

• (2) After section 12 insert—

(12A) (1) Arrangements made by a local authority in England under section 10 must include arrangements for the establishment of a Children's Trust Board for their area. (2) A Children's Trust Board must include a representative of each of the following— (a) the establishing authority; (b) each of the establishing authority's relevant partners (subject to subsection (4)). (3) A Children's Trust Board may also include any other persons or bodies that the establishing authority, after consulting each of their relevant partners, think appropriate. (4) A Children's Trust Board need not include any of the establishing authority's relevant partners who are of a description prescribed by regulations made by the Secretary of State. (5) Subsection (2) does not require a Children's Trust Board to include a separate representative for each of the persons or bodies mentioned in subsection (2)(a) and (b). (6) Where two or more local authorities jointly make arrangements under section 10 for the establishment of a Children's Trust Board, references in sections 12B and 17 to the area of the authority that established the Board are to be read as references to an area consisting of the combined areas of those authorities. (7) For the purposes of this section and sections 12B and 12C— (a) “the establishing authority”, in relation to a Children's Trust Board, is the local authority that establishes the Board; (b) a person or body is a “relevant partner” of a local authority if it is a relevant partner of the authority for the purposes of section 10. (12B) (1) The functions of a Children's Trust Board are— (a) those conferred by or under section 17 or 17A (children and young people's plans); (b) any further functions conferred by regulations made by the Secretary of State. (2) Regulations under subsection (1)(b) may confer a function on a Children's Trust Board only if the function relates to improving the well-being of children or relevant young persons in the area of the establishing authority. (3) In subsection (2) “well-being” means well-being so far as relating to one or more of the matters specified in section 10(2)(a) to (e). (4) A Children's Trust Board must have regard to any guidance given to it by the Secretary of State in connection with— (a) the procedures to be followed by it; (b) the exercise of its functions. (5) In this section “relevant young persons” means persons, other than children, in relation to whom arrangements under section 10 may be made. (12C) (1) The establishing authority and any of their relevant partners represented on a Children's Trust Board may make payments towards expenditure incurred by, or for purposes connected with, the Board— (a) by making the payments directly; or (b) by contributing to a fund out of which the payments may be made. (2) The establishing authority and any of their relevant partners represented on a Children's Trust Board may provide staff, goods, services, accommodation or other resources for purposes connected with the functions of the Board. (3) Two or more Children's Trust Boards may establish and maintain a pooled fund for the purposes of any of their functions. (4) A pooled fund is a fund— (a) which is made up of contributions by the Boards concerned, and (b) out of which payments may be made towards expenditure incurred in the discharge of functions of any of the Boards. (12D) (1) A person or body represented on a Children's Trust Board must supply to the Board any information requested by the Board for the purpose of enabling or assisting it to perform its functions. (2) Information supplied to a Children's Trust Board under this section may be used by the Board only for the purpose of enabling or assisting it to perform its functions. (3) Information requested under subsection (1) must be information that relates to— (a) the person or body to whom the request is made; (b) a function of that person or body, or (c) a person in respect of whom a function is exercisable by that person or body.

• (3) For section 17 substitute—

(17) (1) The Secretary of State may by regulations require a Children's Trust Board established by virtue of arrangements under section 10 from time to time to prepare and publish a children and young people's plan. (2) A children and young people's plan is a plan setting out the strategy of the persons or bodies represented on the Board for co-operating with each other with a view to improving the well-being of children and relevant young persons in the area of the authority that established the Board. (3) In subsection (2) “well-being” means well-being so far as relating to the matters specified in section 10(2)(a) to (e). (4) Regulations under this section may in particular make provision as to— (a) the matters to be dealt with in a children and young people's plan; (b) the period to which a children and young people's plan is to relate; (c) when and how a children and young people's plan must be published; (d) keeping a children and young people's plan under review; (e) revising a children and young people's plan; (f) consultation to be carried out during preparation or revision of a children and young people's plan; (g) other steps required or permitted to be taken in connection with the preparation or revision of a children and young people's plan. (5) In this section “relevant young persons” means persons, other than children, in relation to whom arrangements under section 10 may be made. (17A) (1) This section applies where a Children's Trust Board prepares a children and young people's plan in accordance with regulations under section 17. (2) The persons and bodies whose strategy for co-operation is set out in the plan must have regard to the plan in exercising their functions. (3) The Board must— (a) monitor the extent to which the persons and bodies whose strategy for co-operation is set out in the plan are acting in accordance with the plan; (b) prepare and publish an annual report about the extent to which, during the year to which the report relates, those persons and bodies have acted in accordance with the plan.

• (4) In section 18(2) (functions of local authority exercisable by director of children's services) in paragraph (d) for “and 17” substitute “ , 12C, 12D and 17A ”.

• (5) In section 23(3) (sections 20 to 22: meaning of “children's services”) in paragraph (b) for “13” substitute “ 12B ”.

• (6) In section 50(2) of the Children Act 2004 (c. 31) (intervention: relevant functions) in paragraph (c) for “and 17” substitute “ , 12C, 12D and 17A ”.

• (7) In section 66(3) of that Act (regulations and orders subject to affirmative procedure) after “12” insert “ , 12B(1)(b) ”.

• (8) In section 47A of the School Standards and Framework Act 1998 (schools forums)—

• (a) after subsection (3) insert—

(3A) In exercising its functions, a schools forum is to have regard to any children and young people's plan prepared by the local Children's Trust Board.

;

• (b) after subsection (9) insert—

(10) In this section— (a) a “children and young people's plan” means a plan published by a Children's Trust Board under section 17 of the Children Act 2004; (b) “the local Children's Trust Board”, in relation to a schools forum, is the Children's Trust Board established by arrangements made under section 10 of that Act by the relevant authority ....

• (9) In section 21 of the Education Act 2002 (c. 32)—

• (a) in subsection (9) for paragraph (a) (but not the “and” immediately after it) substitute—

(a) in relation to a school in England, any plan published by the relevant Children's Trust Board under section 17 of the Children Act 2004 (children and young people's plans: England),

;

• (b) after subsection (9) insert—

(10) In subsection (9)(a), “the relevant Children's Trust Board” means the Children's Trust Board established by arrangements made under section 10 of the Children Act 2004 by the local authority ....

Safeguarding and promoting the welfare of children

Targets for safeguarding and promoting the welfare of children

195

• (1) Before section 10 of the Children Act 2004 (c. 31) insert—

(9A) (1) The Secretary of State may, in accordance with regulations, set safeguarding targets for a children's services authority in England. (2) The regulations may, in particular— (a) make provision about matters by reference to which safeguarding targets may, or must, be set; (b) make provision about periods to which safeguarding targets may, or must, relate; (c) make provision about the procedure for setting safeguarding targets; (d) specify requirements with which a children's services authority in England must comply in connection with the setting of safeguarding targets. (3) In exercising their functions, a children's services authority in England must act in the manner best calculated to secure that any safeguarding targets set under this section (so far as relating to the area of the authority) are met. (4) “Safeguarding targets”, in relation to a children's services authority in England, are targets for safeguarding and promoting the welfare of children in the authority's area.

• (2) In section 66 of that Act (regulations and orders)—

• (a) in subsection (4) after “containing” insert “ the first regulations under section 9A or ”;

• (b) in subsection (5)(a) for “to which subsection (3) does not apply” substitute “ to which neither of subsections (3) and (4) applies ”.

• (3) In Schedule 1 to the Local Authority Social Services Act 1970 (c. 42) (social services functions) in the entry relating to the Children Act 2004—

• (a) in the first column, after “Sections” insert “ 9A, ”;

• (b) in the second column, after “to” insert “ targets for safeguarding and promoting the welfare of children, and to ”.

Local Safeguarding Children Boards: lay members

196

• (1) Part 2 of the Children Act 2004 is amended as follows.

• (2) In section 13 (establishment of LSCBs) after subsection (5) insert—

(5A) A local authority in England must take reasonable steps to ensure that the Local Safeguarding Children Board established by them also includes two persons who appear to the authority to be representative of persons living in the authority's area. (5B) An authority may pay remuneration, allowances and expenses to persons who are included by virtue of subsection (5A) in a Local Safeguarding Children Board established by them.

• (3) In section 14 (functions and procedures of LSCBs) in subsection (1)(a) after “the Board” insert “ by virtue of section 13(2), (4) or (5) ”.

Local Safeguarding Children Boards: annual reports

197

After section 14 of the Children Act 2004 (c. 31) insert—

(14A) (1) At least once in every 12 month period, a Local Safeguarding Children Board established under section 13 must prepare and publish a report about safeguarding and promoting the welfare of children in its local area. (2) The Board must submit a copy of the report to the local Children's Trust Board. (3) For the purposes of this section— (a) the local area of a Local Safeguarding Children Board is the area of the local authority that established the Board; (b) the local Children's Trust Board, in relation to a Local Safeguarding Children Board, is the Children's Trust Board established for the Board's local area.

Children's centres

Arrangements for children’s centres

198

In Part 1 of the Childcare Act 2006 (c. 21) (functions of local authorities in England in relation to children) after section 5 insert—

Children's centres (5A) (1) Arrangements made by an English local authority under section 3(2) must, so far as is reasonably practicable, include arrangements for sufficient provision of children's centres to meet local need. (2) “Local need” is the need of parents, prospective parents and young children in the authority's area. (3) In determining what provision of children's centres is sufficient to meet local need, an authority may have regard to any children's centres— (a) that are provided outside the authority's area, or (b) that the authority expect to be provided outside their area. (4) For the purposes of this Part and Part 3A a “children's centre” is a place, or a group of places— (a) which is managed by or on behalf of, or under arrangements made with, an English local authority, with a view to securing that early childhood services in their area are made available in an integrated manner, (b) through which each of the early childhood services is made available, and (c) at which activities for young children are provided, whether by way of early years provision or otherwise. (5) For the purposes of this section, a service is made available— (a) by providing the service, or (b) by providing advice and assistance to parents and prospective parents on gaining access to the service. (6) Guidance given under section 3(6) in respect of arrangements made under section 3(2) by virtue of subsection (1) of this section may, in particular, relate to— (a) circumstances in which any early childhood services should be made available through children's centres as mentioned in subsection (5)(a); (b) circumstances in which any early childhood services should be made available through children's centres as mentioned in subsection (5)(b). (7) A children's centre provided by virtue of arrangements made by an English local authority under section 3(2) is to be known as a Sure Start Children's Centre. (5B) (1) Regulations may make provision about the staffing, organisation and operation of children's centres. (2) The regulations may in particular— (a) require English local authorities to secure that children's centres have governing bodies; (b) impose obligations and confer powers on any such governing bodies. (5C) (1) This section applies where arrangements made by an English local authority under section 3(2) include arrangements for the provision of one or more children's centres. (2) The authority must make arrangements to secure that each of the children's centres is within the remit of an advisory board. (3) A children's centre is within the remit of an advisory board if it is specified in relation to the board by the responsible authority. (4) An advisory board must provide advice and assistance for the purpose of ensuring the effective operation of the children's centres within its remit. (5) An advisory board must include persons representing the interests of— (a) each children's centre within its remit; (b) the responsible authority; (c) parents or prospective parents in the responsible authority's area. (6) An advisory board may also include persons representing the interests of any other persons or bodies that the responsible authority think appropriate. (7) In exercising their functions under this section, an English local authority must have regard to any guidance given from time to time by the Secretary of State. (8) The guidance may in particular relate to— (a) the membership of advisory boards; (b) the organisation and operation of advisory boards. (9) The “responsible authority”, in relation to an advisory board in respect of which arrangements have been made under subsection (2), is the authority that made the arrangements. (5D) (1) An English local authority must secure that such consultation as they think appropriate is carried out— (a) before making arrangements under section 3(2) for the provision of a children's centre; (b) before any significant change is made in the services provided through a relevant children's centre; (c) before anything is done that would result in a relevant children's centre ceasing to be a children's centre. (2) In discharging their duty under this section, an English local authority must have regard to any guidance given from time to time by the Secretary of State. (3) For the purposes of this section a change in the manner in which, or the location at which, services are provided is to be treated as a change in the services. (4) A “relevant children's centre”, in relation to an authority, is a children's centre provided by virtue of arrangements made by the authority under section 3(2). (5E) (1) This section applies where arrangements made by an English local authority under section 3(2) include arrangements for the provision of one or more children's centres. (2) The authority must consider whether each of the early childhood services to be provided by them should be provided through any of those children's centres. (3) Each relevant partner of the authority must consider whether each of the early childhood services to be provided by it in the authority's area should be provided through any of those children's centres. (4) In discharging their duties under this section, the authority and each relevant partner must take into account whether providing a service through any of the children's centres in question would— (a) facilitate access to it, or (b) maximise its benefit to parents, prospective parents and young children. (5) In discharging their duties under this section, an English local authority and each of their relevant partners must have regard to any guidance given from time to time by the Secretary of State. (6) For the purposes of this section, early childhood services are provided by a person or body if they are provided on behalf of, or under arrangements made with, that person or body. (7) For the avoidance of doubt, nothing in this section is to be taken as preventing an English local authority or any of their relevant partners from providing early childhood services otherwise than through a children's centre. (5F) (1) This section applies if immediately before the commencement date an English local authority has made arrangements for the provision of a children's centre. (2) To the extent that this would not otherwise be the case, the arrangements are to be treated for the purposes of this Part and Part 3A as made under section 3(2). (3) “The commencement date” is the day on which section 198 of the Apprenticeships, Skills, Children and Learning Act 2009 comes into force. (5G) In sections 5A to 5F— - “children's centre” has the meaning given by section 5A(4); - “early childhood services” has the same meaning as in section 3; - “parent” and “prospective parent” have the same meaning as in section 2; - “relevant partner” has the same meaning as in section 4.

Inspection of children’s centres

199

After Part 3 of the Childcare Act 2006 (c. 21) (regulation of provision of childcare in England) insert—

Part 3AInspection of children's centres (98A) (1) The Chief Inspector must— (a) inspect a children's centre at such intervals as may be prescribed; (b) inspect a children's centre at any time when the Secretary of State requires the Chief Inspector to secure its inspection. (2) The Chief Inspector may inspect a children's centre at any other time when the Chief Inspector considers that it would be appropriate for it to be inspected. (3) Regulations may provide that in prescribed circumstances the Chief Inspector is not required to inspect a children's centre at an interval prescribed for the purposes of subsection (1)(a). (4) A requirement made by the Secretary of State as mentioned in subsection (1)(b) may be imposed in relation to— (a) children's centres generally; (b) a class of children's centres; (c) a particular children's centre. (5) For the purposes of subsection (4)(b) a class of children's centres may be described, in particular, by reference to a geographical area. (6) If the Chief Inspector so elects in the case of an inspection falling within subsection (1)(b) or (2), that inspection is to be treated as if it were an inspection falling within subsection (1)(a). (98B) (1) After conducting an inspection of a children's centre under section 98A, the Chief Inspector must make a report in writing. (2) The report must address the centre's contribution to— (a) facilitating access to early childhood services by parents, prospective parents and young children; (b) maximising the benefit of those services to parents, prospective parents and young children; (c) improving the well-being of young children. (3) Regulations may make provision, for the purposes of subsection (2), about— (a) matters required to be dealt with in the report; (b) matters not required to be dealt with in the report. (4) The regulations may, in particular, require the matters dealt with in the report to include matters relating to the quality of the leadership and management of the centre, including whether the financial resources made available to it are managed effectively. (5) The Chief Inspector— (a) may send a copy of the report to the Secretary of State and must do so without delay if the Secretary of State requests a copy; (b) must ensure that a copy of the report is sent without delay to the relevant local authority; (c) may arrange for the report (or parts of it) to be further published in any manner the Chief Inspector considers appropriate. (6) For the purposes of this section and section 98C, the “relevant local authority”, in relation to a children's centre, is the English local authority that made the arrangements under section 3(2) by virtue of which the centre is provided. (98C) (1) This section applies where a copy of a report relating to a children's centre is sent to the relevant local authority under section 98B(5)(b). (2) The authority may— (a) send a copy of the report (or parts of it) to any person they think appropriate; (b) otherwise publish the report (or parts of it) in any manner they think appropriate. (3) The authority must secure that a written statement within subsection (4) is prepared and published. (4) A statement within this subsection is one setting out— (a) the action that each relevant person proposes to take in the light of the report, and (b) the period within which each relevant person proposes to take that action. (5) For the purposes of this section and section 98D, each of the following is a relevant person in relation to a children's centre— (a) the relevant local authority; (b) any person or body, other than the relevant local authority, managing the centre. (6) In exercising their functions under this section, an English local authority must have regard to any guidance given from time to time by the Secretary of State. (98D) (1) The Chief Inspector may, at any reasonable time, enter any relevant premises in England for the purpose of conducting an inspection of a children's centre under section 98A. (2) “Relevant premises”, for the purposes of subsection (1), are— (a) premises on which services or activities are being provided through the children's centre; (b) premises of a relevant person which are used in connection with the staffing, organisation or operation of the children's centre. (3) But premises used wholly or mainly as a private dwelling are not relevant premises for the purposes of subsection (1). (4) An authorisation given by the Chief Inspector under paragraph 9(1) of Schedule 12 to the Education and Inspections Act 2006 in relation to functions under subsection (1)— (a) may be given for a particular occasion or period; (b) may be given subject to conditions. (5) Subject to any conditions imposed under subsection (4)(b), subsections (6) to (8) apply where a person (“the inspector”) enters premises under this section. (6) The inspector may— (a) inspect the premises; (b) take measurements and photographs or make recordings; (c) inspect any children for whom activities are provided on the premises, and the arrangements made for their welfare; (d) interview in private any person working on the premises who consents to be interviewed. (7) The inspector may inspect, and take copies of, any records or documents relating to— (a) the services or activities provided through the children's centre; (b) the staffing, organisation or operation of the children's centre. (8) The inspector may require a person to afford such facilities and assistance, with respect to matters within the person's control, as are necessary to enable the inspector to exercise the powers conferred by this section. (9) Section 58 of the Education Act 2005 (inspection of computer records) applies for the purposes of this section as it applies for the purposes of Part 1 of that Act. (10) In this section “documents” and “records” each include information recorded in any form. (98E) (1) A person commits an offence if the person intentionally obstructs another person exercising a power under section 98D. (2) A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 4 on the standard scale. (98F) (1) The Chief Inspector may apply to a court for a warrant under this section. (2) Subsection (3) applies if on an application under subsection (1) it appears to the court that the Chief Inspector— (a) has attempted to exercise a power conferred by section 98D but has been prevented from doing so, or (b) is likely to be prevented from exercising any such power. (3) The court may issue a warrant authorising any constable to assist the Chief Inspector in the exercise of the power, using reasonable force if necessary. (4) A warrant under this section must be addressed to, and executed by, a constable. (5) Schedule 11 to the Children Act 1989 (jurisdiction of courts) applies in relation to proceedings under this section as if they were proceedings under that Act. (6) Subject to any provision made (by virtue of subsection (5)) by or under Schedule 11 to the Children Act 1989, “court” in this section means— (a) the High Court; (b) a county court; (c) a magistrates' court. (98G) In sections 98A to 98F— - “the Chief Inspector” means Her Majesty's Chief Inspector of Education, Children's Services and Skills; - “children's centre” has the meaning given by section 5A(4); - “relevant partner” has the same meaning as in section 4.

Children’s centres: safeguarding children

200

In paragraph 3(1) of Schedule 4 to the Safeguarding Vulnerable Groups Act 2006 (c. 47) (regulated activities relating to children: establishments) after paragraph (f) insert—

(fa) a children's centre (within the meaning of section 5A(4) of the Childcare Act 2006);

.

Arrangements in respect of early childhood services

Arrangements in respect of early childhood services

201

In section 3 of the Childcare Act 2006 (c. 21) (specific duties of local authority in relation to early childhood services) after subsection (4) insert—

(4A) In deciding what arrangements to make under this section, an English local authority must in particular have regard to— (a) the quantity and quality of early childhood services that are provided, or that the authority expect to be provided, in their area, and (b) where in that area those services are provided or are expected to be provided.

Early years provision: budgetary framework

Free of charge early years provision: budgetary framework: England

202

• (1) The School Standards and Framework Act 1998 (c. 31) is amended as follows.

• (2) In section 45A (determination of specified budgets of local authority), after subsection (4A) insert—

(4B) For the purposes of this Part, the duty imposed on a local authority in England by section 7(1) of the Childcare Act 2006 (duty to secure prescribed early years provision free of charge) is to be treated as imposed on the authority in their capacity as a local authority.

• (3) After section 47 (determination of school's budget share) insert—

(47ZA) (1) This section applies where a local authority in England propose to allocate an amount of relevant financial assistance to a relevant childcare provider for a funding period out of the authority's individual schools budget for the period. (2) The amount to be allocated is to be determined in accordance with regulations. (3) Financial assistance provided by a local authority in England to a childcare provider is “relevant” financial assistance if it is provided— (a) for the purpose of the discharge of the authority's duty under section 7 of the Childcare Act 2006, and (b) in respect of the provision of childcare. (4) Regulations under this section may, in particular— (a) specify factors or criteria which an authority are to take into account in determining the amount of any relevant financial assistance to be provided by them to a relevant childcare provider; (b) specify factors or criteria which an authority are to disregard in determining such an amount; (c) specify requirements as to other matters with which an authority are to comply in determining such an amount; (d) make provision about consultation to be carried out by an authority in connection with determining such an amount; (e) authorise an authority, in prescribed circumstances and to a prescribed extent, to determine such an amount in accordance with arrangements approved by the Secretary of State (instead of in accordance with arrangements provided for by the regulations); (f) require an authority to provide relevant childcare providers with prescribed information relating to their determination of such an amount; (g) make provision about the circumstances in which an authority are required to redetermine such an amount; (h) specify a time by which an authority's determination of such an amount is to take place. (5) For the purposes of this section— (a) “childcare” has the meaning given in section 18 of the Childcare Act 2006; (b) “relevant childcare provider” means a provider of childcare other than the governing body of a maintained school; (c) a reference to an authority's determination of the amount of any relevant financial assistance includes a reference to the authority's redetermination of such an amount.

Part 10 — Schools

Chapter 1 — Schools causing concern

Schools causing concern: England

Powers in relation to schools causing concern: England

203

Schedule 13 makes provision in relation to schools causing concern in England.

Power to require LEAs in England to obtain advisory services

204

• (1) Section 62A of the Education Act 2002 (power of Secretary of State to require local authorities in England to obtain advisory services) is amended as follows.

• (2) After subsection (1) insert—

(1A) This section also applies where it appears to the Secretary of State that— (a) a local authority in England maintain a disproportionate number of low-performing schools, and (b) the authority— (i) have not been effective or are unlikely to be effective in securing an improvement in the standards of performance of pupils at those schools, or (ii) are unlikely to be effective in securing an improvement in the standards of performance of pupils at other schools which may in the future be low-performing schools. (1B) In subsection (1A) “low-performing school” means a school at which the standards of performance of pupils are unacceptably low. (1C) For the purposes of subsection (1B) the standards of performance of pupils at a school are low if they are low by reference to any one or more of the following— (a) the standards that the pupils might in all the circumstances reasonably be expected to attain; (b) where relevant, the standards previously attained by them; (c) the standards attained by pupils at comparable schools.

• (3) In subsection (4) after “section” insert—

“ “pupil” has the same meaning as in the Education Act 1996 (see sections 3 and 19(5) of that Act);”.

Schools causing concern: Wales

Powers in relation to schools causing concern: Wales

205

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Chapter 2 — Complaints: England

Complaints to which this Chapter applies

206

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Power of Local Commissioner to investigate complaint

207

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Time-limit etc for making complaint

208

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Procedure in respect of investigations

209

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Investigations: further provisions

210

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Statements about investigations

211

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Adverse findings notices

212

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Publication of statements etc. by Local Commissioner

213

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Disclosure of information

214

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Permitted disclosures of information by Local Commissioner

215

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Law of defamation

216

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Consultation with Parliamentary Commissioner for Administration

217

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Arrangements etc. to be made by Commission

218

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Annual reports

219

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Secretary of State’s power of direction

220

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Disapplication of certain powers of Secretary of State

221

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Power to amend meaning of “qualifying school”

222

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Amendments consequential on Chapter 2

223

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Interpretation of Chapter 2

224

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Chapter 3 — Inspections

Interim statements

225

• (1) The Education Act 2005 (c. 18) is amended as follows.

• (2) After section 10 insert—

("10A) (1) The Chief Inspector may make a statement (an “interim statement”) about a school in England to which section 5 applies. (2) An interim statement is a statement— (a) that the Chief Inspector is of the opinion that it is not necessary for the school to be inspected under section 5 for at least a year after the date on which the statement is made, (b) setting out the Chief Inspector's reasons for forming that opinion, and (c) containing such other information (if any) as the Chief Inspector considers appropriate. (3) The Chief Inspector may arrange for an interim statement to be published in such manner as the Chief Inspector considers appropriate. (4) Section 151 of the Education and Inspections Act 2006 (publication of inspection reports: privilege and electronic publication) applies in relation to an interim statement as it applies in relation to a report.

• (3) In the italic heading before section 14 after “reports” insert “ and interim statements ”.

• (4) After section 14 insert—

(14A) (1) The Chief Inspector must ensure that a copy of any interim statement about a maintained school is sent without delay to the appropriate authority for the school. (2) The Chief Inspector must ensure that copies of the statement are sent— (a) to the head teacher of the school, (b) to whichever of the local authority and the governing body are not the appropriate authority, and (c) in the case of a school having foundation governors, to the person who appoints them and (if different) to the appropriate appointing authority. (3) If the school provides full-time education suitable to the requirements of pupils over compulsory school age, the Chief Inspector must ensure that a copy of the statement is also sent to the Young People's Learning Agency for England. (4) The appropriate authority must— (a) make a copy of any statement sent to the authority under subsection (1) available for inspection by members of the public at such times and at such places as may be reasonable, (b) provide one copy of the statement free of charge to any person who asks for one, and (c) take such steps as are reasonably practicable to secure that every registered parent of a registered pupil at the school receives a copy of the statement within such period following receipt of the statement by the authority as may be prescribed.

• (5) In the italic heading before section 16 after “reports” insert “ and interim statements ”.

• (6) After section 16 insert—

(16A) (1) The Chief Inspector must ensure that a copy of any interim statement about a school other than a maintained school is sent without delay to the proprietor of the school. (2) In the case of a special school which is not a community or foundation special school, the proprietor must without delay send a copy of any interim statement sent to the proprietor under subsection (1) to any local authority that are paying fees in respect of the attendance of a registered pupil at the school. (3) The proprietor of the school must— (a) make any statement sent to the proprietor under subsection (1) available for inspection by members of the public at such times and at such place as may be reasonable, (b) provide one copy of the statement free of charge to any person who asks for one, and (c) take such steps as are reasonably practicable to secure that every registered parent of a registered pupil at the school receives a copy of the statement within such period following receipt of the statement by the proprietor as may be prescribed.

• (7) In section 18 (interpretation of Chapter) after the definition of “the Chief Inspector” insert—

“interim statement” means an interim statement under section 10A;

.

Powers of persons providing administrative support in connection with inspections

226

• (1) Part 2 of Schedule 12 to the Education and Inspections Act 2006 (c. 40) (inspectors etc acting on behalf of Chief Inspector) is amended as follows.

• (2) In paragraph 9(1) (delegation of functions), after paragraph (c) insert

or (d) any inspection administrator,

, (and omit “or” at the end of paragraph (b)).

• (3) In paragraph 9(2)(a) for “and 11(4)” substitute “ , 11(4) and 11A(3) ”.

• (4) In paragraph 10(1) (inspectors etc to have necessary qualifications, experience and skills), after paragraph (c) insert

or (d) an inspection administrator,

, (and omit “or” at the end of paragraph (b)).

• (5) After paragraph 11 insert—

(11A) (1) The Chief Inspector may enter into arrangements with inspection service providers under which they provide the services of persons to provide administrative support in connection with the carrying out of inspections. (2) A person providing administrative support in pursuance of arrangements under sub-paragraph (1) is to be known as an inspection administrator. (3) The Chief Inspector may not authorise an inspection administrator to conduct an inspection.

Chapter 4 — School Support Staff Pay and Conditions: England

The SSSNB

The School Support Staff Negotiating Body

227

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Matters within SSSNB’s remit

228

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Consideration of matter by SSSNB

Referral of matter to SSSNB for consideration

229

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Consideration of other matters by SSSNB

230

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Powers of Secretary of State on submission of SSSNB agreement

Agreement submitted by SSSNB under section 229 or 230

231

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Reconsideration by SSSNB

Reconsideration of agreement by SSSNB

232

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SSSNB’s submission of agreement following reconsideration: powers of Secretary of State

233

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Powers of Secretary of State in absence of SSSNB agreement

Powers of Secretary of State in absence of SSSNB agreement

234

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Orders

Effect of order ratifying SSSNB agreement

235

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Effect of order making provision otherwise than in terms of SSSNB agreement

236

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Orders: supplementary

237

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Guidance

Guidance

238

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General

Non-statutory School Support Staff Negotiating Body

239

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“School support staff”

240

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General interpretation

241

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Part 11 — Learners

Power to search for prohibited items

Power of members of staff to search pupils for prohibited items: England

242

• (1) After section 550A of the Education Act 1996 (c. 56) insert—

(550ZA) (1) This section applies where a member of staff of a school in England— (a) has reasonable grounds for suspecting that a pupil at the school may have a prohibited item with him or her or in his or her possessions; and (b) falls within section 550ZB(1). (2) The member of staff may search the pupil (“P”) or P's possessions for that item. (3) For the purposes of this section and section 550ZC each of the following is a “prohibited item”— (a) an article to which section 139 of the Criminal Justice Act 1988 applies (knives and blades etc); (b) an offensive weapon, within the meaning of the Prevention of Crime Act 1953; (c) alcohol, within the meaning of section 191 of the Licensing Act 2003; (d) a controlled drug, within the meaning of section 2 of the Misuse of Drugs Act 1971, which section 5(1) of that Act makes it unlawful for P to have in P's possession; (e) a stolen article; (f) an article of a kind specified in regulations. (4) In subsection (3)(e) “stolen”, in relation to an article, has the same meaning as it has by virtue of section 24 of the Theft Act 1968 in the provisions of that Act relating to goods which have been stolen. (5) In this section and section 550ZB— - “member of staff”, in relation to a school, means— 1. any teacher who works at the school; and 2. any other person who, with the authority of the head teacher, has lawful control or charge of pupils for whom education is being provided at the school; - “possessions”, in relation to P, includes any goods over which P has or appears to have control. (6) The powers conferred by this section and sections 550ZB and 550ZC are in addition to any powers exercisable by the member of staff in question apart from those sections and are not to be construed as restricting such powers. (550ZB) (1) A person may carry out a search under section 550ZA only if that person— (a) is the head teacher of the school; or (b) has been authorised by the head teacher to carry out the search. (2) An authorisation for the purposes of subsection (1)(b) may be given in relation to— (a) searches under section 550ZA generally; (b) a particular search under that section; (c) a particular description of searches under that section. (3) Nothing in any enactment, instrument or agreement shall be construed as authorising a head teacher of a school in England to require a person other than a member of the security staff of the school to carry out a search under section 550ZA. (4) A search under section 550ZA may be carried out only where— (a) the member of staff and P are on the premises of the school; or (b) they are elsewhere and the member of staff has lawful control or charge of P. (5) A person exercising the power in section 550ZA may use such force as is reasonable in the circumstances for exercising that power. (6) A person carrying out a search of P under section 550ZA— (a) may not require P to remove any clothing other than outer clothing; (b) must be of the same sex as P; (c) may carry out the search only in the presence of another member of staff; and (d) must ensure that the other member of staff is of the same sex as P if it is reasonably practicable to do so. (7) P's possessions may not be searched under section 550ZA except in the presence of— (a) P; and (b) another member of staff. (8) In this section— - “member of the security staff”, in relation to a school, means a member of staff whose work at the school consists wholly or mainly of security-related activities; - “outer clothing” means— 1. any item of clothing that is being worn otherwise than wholly next to the skin or immediately over a garment being worn as underwear; or 2. a hat, shoes, boots, gloves or a scarf. (550ZC) (1) A person carrying out a search under section 550ZA may seize any of the following found in the course of the search— (a) anything which that person has reasonable grounds for suspecting is a prohibited item; (b) any other thing which that person has reasonable grounds for suspecting is evidence in relation to an offence. (2) A person exercising the power in subsection (1) may use such force as is reasonable in the circumstances for exercising that power. (3) A person who seizes alcohol under subsection (1) may retain or dispose of the alcohol and its container. (4) A person who seizes a controlled drug under subsection (1)— (a) must (subject to paragraph (b)) deliver it to a police constable as soon as reasonably practicable; but (b) may dispose of it if the person thinks that there is a good reason to do so. (5) A person who seizes a stolen article under subsection (1)— (a) must (subject to paragraph (b)) deliver it to a police constable as soon as reasonably practicable; but (b) may return it to its owner (or, if returning it to its owner is not practicable, may retain it or dispose of it) if the person thinks that there is a good reason to do so. (6) In determining, for the purposes of subsections (4) and (5), whether there is a good reason to dispose of a controlled drug or to return a stolen article to its owner, retain it or dispose of it, the person must have regard to any guidance issued by the Secretary of State. (7) Regulations may prescribe what must or may be done by a person who, under subsection (1), seizes an article of a kind specified in regulations under section 550ZA(3)(f) (or an article which the person has reasonable grounds for suspecting to be such an article). (8) A person who, under subsection (1), seizes— (a) an article to which section 139 of the Criminal Justice Act 1988 applies (knives and blades etc); (b) an offensive weapon; or (c) anything which that person has reasonable grounds for suspecting is evidence in relation to an offence; must deliver it to a police constable as soon as reasonably practicable. (9) Subsection (8)(c) is subject to subsections (3), (4) and (5) and regulations made under subsection (7). (10) In subsections (3) to (8), references to alcohol, a controlled drug, a stolen article, an article to which section 139 of the Criminal Justice Act 1988 applies and an offensive weapon include references to anything which the person has reasonable grounds for suspecting is alcohol, a controlled drug, a stolen article, an article to which section 139 of the Criminal Justice Act 1988 applies or an offensive weapon. (550ZD) (1) The Police (Property) Act 1897 (disposal of property in the possession of the police) applies to property which has come into the possession of a police constable under section 550ZC(4)(a), (5)(a) or (8) as it applies to property which has come into the possession of the police in the circumstances mentioned in that Act. (2) Subsection (3) applies where a person— (a) seizes, retains or disposes of alcohol or its container, a controlled drug or a stolen article under section 550ZC; and (b) proves that the seizure, retention or disposal was lawful. (3) That person is not liable in any proceedings in respect of— (a) the seizure, retention or disposal; or (b) any damage or loss which arises in consequence of it. (4) Subsections (2) and (3) do not prevent any person from relying on any defence on which the person is entitled to rely apart from those subsections. (5) Regulations under section 550ZC(7) may make provision corresponding to any provision of this section.

• (2) In section 569 of the Education Act 1996 (c. 56) (regulations)—

• (a) in subsection (2) after “this Act,” insert “ other than one falling within subsection (2A), ”, and

• (b) after subsection (2) insert—

(2A) A statutory instrument which contains (whether alone or with other provision) regulations under section 550ZA or 550ZC may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

• (3) In section 94(3) of the Education and Inspections Act 2006 (c. 40) (provision to apply where items confiscated from pupils) before “550AA” insert “ 550ZC or ”.

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

243

• (1) Section 550AA of the Education Act 1996 (c. 56) (power of members of staff to search pupils for weapons) is amended as follows.

• (2) At the end of the title insert “ : Wales ”.

• (3) In each of subsections (1) and (4) after “a school” insert “ in Wales ”.

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

244

• (1) After section 85A of the Further and Higher Education Act 1992 (c. 13) insert—

(85AA) (1) This section applies where a member of staff of an institution within the further education sector in England— (a) has reasonable grounds for suspecting that a student at the institution may have a prohibited item with him or her or in his or her possessions; and (b) falls within section 85AB(1). (2) The member of staff may search the student (“S”) or S's possessions for that item (but this is subject to subsection (5)). (3) For the purposes of this section and section 85AC each of the following is a “prohibited item”— (a) an article to which section 139 of the Criminal Justice Act 1988 applies (knives and blades etc); (b) an offensive weapon, within the meaning of the Prevention of Crime Act 1953; (c) alcohol, within the meaning of section 191 of the Licensing Act 2003; (d) a controlled drug, within the meaning of section 2 of the Misuse of Drugs Act 1971, which section 5(1) of that Act makes it unlawful for S to have in S's possession; (e) a stolen article; (f) an article of a kind specified in regulations. (4) In subsection (3)(e) “stolen”, in relation to an article, has the same meaning as it has by virtue of section 24 of the Theft Act 1968 in the provisions of that Act relating to goods which have been stolen. (5) A member of staff may not under this section search S or S's possessions for alcohol if S is aged 18 or over. (6) In this section and section 85AB— - “member of staff”, in relation to an institution within the further education sector, means any person who works at that institution whether or not as its employee; - “possessions”, in relation to S, includes any goods over which S has or appears to have control. (7) The powers conferred by this section and sections 85AB and 85AC are in addition to any powers exercisable by the member of staff in question apart from those sections and are not to be construed as restricting such powers. (85AB) (1) A person may carry out a search under section 85AA only if that person— (a) is the principal of the institution; or (b) has been authorised by the principal to carry out the search. (2) An authorisation for the purposes of subsection (1)(b) may be given in relation to— (a) searches under section 85AA generally; (b) a particular search under that section; (c) a particular description of searches under that section. (3) Nothing in any enactment, instrument or agreement shall be construed as authorising a principal of an institution within the further education sector in England to require a person other than a member of the security staff of the institution to carry out a search under section 85AA. (4) A search under section 85AA may be carried out only where— (a) the member of staff and S are on the premises of the institution; or (b) they are elsewhere and the member of staff has lawful control or charge of S. (5) A person exercising the power in section 85AA may use such force as is reasonable in the circumstances for exercising that power. (6) A person carrying out a search of S under section 85AA— (a) may not require S to remove any clothing other than outer clothing; (b) must be of the same sex as S; (c) may carry out the search only in the presence of another member of staff; and (d) must ensure that the other member of staff is of the same sex as S if it is reasonably practicable to do so. (7) S's possessions may not be searched under section 85AA except in the presence of— (a) S; and (b) another member of staff. (8) In this section— - “member of the security staff”, in relation to an institution, means a member of staff whose work at the institution consists wholly or mainly of security-related activities; - “outer clothing” means— 1. any item of clothing that is being worn otherwise than wholly next to the skin or immediately over a garment being worn as underwear; or 2. a hat, shoes, boots, gloves or a scarf. (85AC) (1) A person carrying out a search under section 85AA may seize any of the following found in the course of the search— (a) anything which that person has reasonable grounds for suspecting is a prohibited item; (b) any other thing which that person has reasonable grounds for suspecting is evidence in relation to an offence, but may not seize alcohol from S under this section where S is aged 18 or over. (2) A person exercising the power in subsection (1) may use such force as is reasonable in the circumstances for exercising that power. (3) A person who seizes alcohol under subsection (1) may retain or dispose of the alcohol and its container. (4) A person who seizes a controlled drug under subsection (1)— (a) must (subject to paragraph (b)) deliver it to a police constable as soon as reasonably practicable; but (b) may dispose of it if the person thinks that there is a good reason to do so. (5) A person who seizes a stolen article under subsection (1)— (a) must (subject to paragraph (b)) deliver it to a police constable as soon as reasonably practicable; but (b) may return it to its owner (or, if returning it to its owner is not practicable, may retain it or dispose of it) if the person thinks that there is a good reason to do so. (6) In determining, for the purposes of subsections (4) and (5), whether there is a good reason to dispose of a controlled drug or to return a stolen article to its owner, retain it or dispose of it, the person must have regard to any guidance issued by the Secretary of State. (7) Regulations may prescribe what must or may be done by a person who, under subsection (1), seizes an article of a kind specified in regulations under section 85AA(3)(f) (or an article which the person has reasonable grounds for suspecting to be such an article). (8) A person who, under subsection (1), seizes— (a) an article to which section 139 of the Criminal Justice Act 1988 applies (knives and blades etc); (b) an offensive weapon; or (c) anything which that person has reasonable grounds for suspecting is evidence in relation to an offence; must deliver it to a police constable as soon as reasonably practicable. (9) Subsection (8)(c) is subject to subsections (3), (4) and (5) and regulations made under subsection (7). (10) In subsections (3) to (8), references to alcohol, a controlled drug, a stolen article, an article to which section 139 of the Criminal Justice Act 1988 applies and an offensive weapon include references to anything which a person has reasonable grounds for suspecting is alcohol, a controlled drug, a stolen article, an article to which section 139 of the Criminal Justice Act 1988 applies or an offensive weapon. (85AD) (1) The Police (Property) Act 1897 (disposal of property in the possession of the police) applies to property which has come into the possession of a police constable under section 85AC(4)(a), (5)(a) or (8) as it applies to property which has come into the possession of the police in the circumstances mentioned in that Act. (2) Subsection (3) applies where a person— (a) seizes, retains or disposes of alcohol or its container, a controlled drug or a stolen article under section 85AC; and (b) proves that the seizure, retention or disposal was lawful. (3) That person is not liable in any proceedings in respect of— (a) the seizure, retention or disposal; or (b) any damage or loss which arises in consequence of it. (4) Subsections (2) and (3) do not prevent any person from relying on any defence on which the person is entitled to rely apart from those subsections. (5) Regulations under section 85AC(7) may make provision corresponding to any provision of this section.

• (2) In section 89 of the Further and Higher Education Act 1992 (c. 13) (regulations etc)—

• (a) in subsection (3) after “other than” insert “ one falling within subsection (3A) or ”, and

• (b) after subsection (3) insert—

(3A) A statutory instrument which contains (whether alone or with other provision) regulations under section 85AA or 85AC may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

Power of members of staff to search students for weapons: Wales

245

• (1) Section 85B of the Further and Higher Education Act 1992 (power to search further education students for weapons) is amended as follows.

• (2) At the end of the title insert “ : Wales ”.

• (3) In subsection (1) after “an institution within the further education sector” insert “ in Wales ”.

Recording and reporting use of force

Recording and reporting the use of force in schools: England

246

After section 93 of the Education and Inspections Act 2006 (c. 40) (power of members of staff to use force) insert—

(93A) (1) The governing body of a school in England must ensure that a procedure is in place for— (a) recording each significant incident in which a member of the staff uses force on a pupil for whom education is being provided at the school (a “use of force incident”); and (b) reporting each use of force incident (except those where the pupil is aged 20 or over or provision made under subsection (5) applies) to each parent of the pupil as soon as practicable after the incident. (2) The governing body must take all reasonable steps to ensure that the procedure is complied with. (3) The procedure must require that a record of a use of force incident is made in writing as soon as practicable after the incident. (4) In discharging their duty under subsection (1), the governing body must have regard to any guidance issued by the Secretary of State for the purposes of that subsection. (5) A procedure under subsection (1) must include provision to the effect— (a) that a person (“R”) who would otherwise be required by the procedure to report an incident to a parent must not report it to that parent if it appears to R that doing so would be likely to result in significant harm to the pupil; and (b) that if it appears to R that there is no parent of the pupil to whom R could report the incident without that being likely to result in significant harm to the pupil, R must report the incident to the local authority ... within whose area the pupil is ordinarily resident. (6) In deciding for the purposes of provision made under subsection (5) whether reporting an incident to a parent would be likely to result in significant harm to the pupil, R must have regard to any guidance issued by the Secretary of State about the meaning of “significant harm” for those purposes. (7) In this section— - “governing body”, in relation to a school which is not a maintained school, means the proprietor of the school; - “maintained school” means— 1. a community, foundation or voluntary school; 2. a community or foundation special school; 3. a maintained nursery school; - “parent”, in relation to a pupil, has the meaning given by section 576 of EA 1996 in relation to a child or young person, but includes a local authority which provides accommodation for the pupil under section 20 of the Children Act 1989.

Recording and reporting the use of force in FE institutions: England

247

After section 85C of the Further and Higher Education Act 1992 (power of members of staff to use force) insert—

(85D) (1) The governing body of an institution within the further education sector in England must ensure that a procedure is in place for— (a) recording each significant incident in which a member of the staff uses force on a student at the institution (a “use of force incident”); and (b) reporting each use of force incident (except those where the student is aged 20 or over or provision made under subsection (5) applies) to each parent of the student as soon as practicable after the incident. (2) The governing body must take all reasonable steps to ensure that the procedure is complied with. (3) The procedure must require that a record of a use of force incident is made in writing as soon as practicable after the incident. (4) In discharging their duty under subsection (1), the governing body must have regard to any guidance issued by the Secretary of State for the purposes of that subsection. (5) A procedure under subsection (1) must include provision to the effect— (a) that a person (“R”) who would otherwise be required by the procedure to report an incident to a parent must not report it to that parent if it appears to R that doing so would be likely to result in significant harm to the student; and (b) that if it appears to R that there is no parent of the student to whom R could report the incident without that being likely to result in significant harm to the student, R must report the incident to the local authority ... within whose area the student is ordinarily resident. (6) In deciding for the purposes of provision made under subsection (5) whether reporting an incident to a parent would be likely to result in significant harm to the student, R must have regard to any guidance issued by the Secretary of State about the meaning of “significant harm” for those purposes. (7) In this section, “parent”, in relation to a student, has the meaning given by section 576 of EA 1996 in relation to a child or young person, but includes a local authority which provides accommodation for the student under section 20 of the Children Act 1989.

School behaviour and attendance partnerships

Co-operation with a view to promoting good behaviour, etc.: England

248

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Pupil referral units

Short stay schools: miscellaneous

249

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) After paragraph 3 of Schedule 1 to the Education Act 1996 (c. 56) (short stay schools: further provision) insert—

(3A) Regulations may also— (a) require a local authority in England to obtain the consent of the Secretary of State, in specified circumstances, to the closure of a short stay school; (b) confer a power on the Secretary of State to give directions to a local authority in England about the exercise of— (i) their functions under section 19; (ii) their functions under any enactment applied to short stay schools (with or without modifications) by regulations under paragraph 3; (iii) any other function connected with short stay schools; (c) require a local authority to comply with such directions.

Part 12 — Miscellaneous

Careers education

Careers education in schools: England

250

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Information about local authority expenditure

Information about planned and actual expenditure

251

• (1) The Secretary of State may direct a local authority in England to provide information about its planned and actual expenditure in connection with—

• (a) its education functions;

• (b) its children's social services functions.

• (2) The Secretary of State may also direct a local authority in England to provide information about accountable resources held, received or expended by any person in relation to a school maintained by the authority.

• (3) Information to which a direction under this section relates must be provided in accordance with the direction.

• (4) A direction under this section may (in particular) include provision about—

• (a) the period to which information is to relate;

• (b) the form and manner in which information is to be provided;

• (c) the persons to whom information is to be provided;

• (d) the publication of information.

• (5) If a direction under this section requires information to be provided to a person other than the Secretary of State, the direction may also require that person to make the information available for inspection in accordance with the direction.

Information about expenditure: supplementary

252

• (1) This section applies for the purposes of section 251.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) The children's social services functions of a local authority in England are—

• (a) functions conferred on or exercisable by the authority which are social services functions, so far as those functions relate to children;

• (b) functions conferred on the authority under sections 23C to 24D of the Children Act 1989 (c. 41), so far as not within paragraph (a);

• (c) functions conferred on the authority ... under sections 10 to 12, 12C, 12D and 17A of the Children Act 2004 (c. 31).

• (4) “Accountable resources”, in relation to a school maintained by a local authority, means resources that are not provided by the authority in the exercise of its education functions, but in respect of which an obligation is imposed on the school's governing body by virtue of regulations under section 44 of the Education Act 2002 (c. 32) (accounts of maintained schools).

• (5) The Secretary of State may by order amend this section for one or more of the following purposes—

• (za) specifying additional functions which are to be treated as education functions

• (a) adding to the functions that are ... children's social services functions;

• (b) removing or changing the description of functions that are education functions or children's social services functions.

• (6) In this section—

• .........

• “social services functions” has the same meaning as in the Local Authority Social Services Act 1970 (c. 42) (see section 1A of that Act).

Information about expenditure: consequential amendments

253

• (1) The School Standards and Framework Act 1998 (c. 31) is amended as follows.

• (2) In section 52 (the title of which becomes “Financial statements: Wales”), in subsections (1) and (2) after “local authority” insert “ in Wales ”.

• (3) Omit section 53 (certification of statements by Audit Commission).

Support for participation in education and training

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

254

• (1) The Education and Skills Act 2008 (c. 25) is amended as follows.

• (2) Omit section 15 (supply of social security information for purposes of Part 1).

• (3) Section 17 (sharing and use of information held for purposes of support services or functions under Part 1) is amended as follows.

• (4) In subsection (1), for “provide relevant information to each other” substitute

— (a) provide relevant information to each other; (b) make arrangements for the holding by either of them of information provided, or which could be provided, under paragraph (a).

• (5) In subsection (7), in the definition of “relevant information”, after paragraph (b), insert—

“but does not include information provided under section 72 of the Welfare Reform and Pensions Act 1999;”.

• (6) At the end add—

(9) Nothing in this section authorises the disclosure of any information in contravention of any provision of, or made under, this or any other Act (whenever passed or made) which prevents disclosure of the information.

• (7) Section 76 (supply of social security information for purposes of support services) is amended as follows.

• (8) Omit subsection (1).

• (9) For subsections (3) and (4) substitute—

(3) For the purposes of subsection (2), “personal information” in relation to a young person, means the person's name, address and date of birth. (3A) The Secretary of State may make arrangements with a person for the supply of social security information for the purposes of the provision of services for young persons in pursuance of section 68 or 70(1)(b). (3B) Social security information may be supplied to— (a) the Secretary of State, or (b) a person providing services to the Secretary of State under subsection (3A). (3C) A person to whom social security information is supplied under subsection (3B) may supply the information to a local authority or other person involved in the provision of services for young persons or relevant young adults in pursuance of section 68 or 70(1)(b) for the purpose of the provision of those services. (3D) Information supplied to a person in reliance on subsection (3C) or this subsection may be supplied in accordance with, or with arrangements made under, section 17(1). (3E) Information supplied to a person in reliance on subsection (3B), (3C) or (3D) may be disclosed— (a) for the purpose of the provision of services in pursuance of section 68 or 70(1)(b), (b) for the purpose of enabling or assisting the exercise of any function of a local authority under Part 1, (c) in accordance with any provision of, or made under, any other Act, (d) in accordance with an order of a court or tribunal, (e) for the purpose of actual or contemplated proceedings before a court or tribunal, (f) with consent given by or on behalf of the person to whom the information relates, or (g) in such a way as to prevent the identification of the person to whom it relates. (4) It is an offence for a person to disclose restricted information otherwise than in accordance with this section. (4A) For the purposes of subsection (4), “restricted information”, in relation to a person, means information that was disclosed to the person— (a) in reliance on subsection (3B), (3C) or (3D), or (b) in circumstances that constitute an offence under this section.

Provision of other information in connection with support services

255

• (1) The Education and Skills Act 2008 (c. 25) is amended as follows.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) After section 76 insert—