Apprenticeships, Skills, Children and Learning Act 2009

(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—

(76A) (1) The Secretary of State may make arrangements with any other person for the holding and supply of information in connection with, or for the purposes of, the provision of services in pursuance of section 68 or 70(1)(b). (2) In this section “relevant information”, in relation to a person by whom services are provided under section 68 or 70(1)(b), means information which— (a) is obtained by a person involved in the provision of those services in, or in connection with, the provision of those services, (b) relates to a person for whom those services are provided; but does not include information provided under section 72 of the Welfare Reform and Pensions Act 1999. (3) Relevant information may be supplied to— (a) the Secretary of State, or (b) a person providing services to the Secretary of State under this section. (4) Information supplied under subsection (3) may be supplied to any person involved in the provision of services in pursuance of section 68 or 70(1)(b) for the purposes of the provision of those services. (5) Except as provided by subsection (4), information supplied in reliance on subsection (3) must not be disclosed in such a way that the identity of the individual is disclosed to, or capable of being discovered by, the person to whom it is disclosed. (6) 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.

Further education corporations

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

256

• (1) The Further and Higher Education Act 1992 (c. 13) is amended as follows.

• (2) In section 19 (supplementary powers of a further education corporation), after subsection (8) add—

(9) A further education corporation may provide advice or assistance to any other person where it appears to the corporation to be appropriate for them to do so for the purpose of or in connection with the provision of education by the other person.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Student loans

Student loans under the 1998 Act: IVAs

257

• (1) The Teaching and Higher Education Act 1998 (c. 30) is amended as set out in subsections (2) and (3).

• (2) In section 22(3) (new arrangements for giving financial support to students), after paragraph (f) insert—

(g) with respect to sums which a borrower receives, or is entitled to receive, under such a loan before or after a voluntary arrangement under Part 8 of the Insolvency Act 1986 or Part 8 of the Insolvency (Northern Ireland) Order 1989 (individual voluntary arrangements) takes effect in respect of the borrower; (h) excluding or modifying the application of Part 8 of that Act, or Part 8 of that Order, in relation to liability to make repayments in respect of such a loan (whether the repayments relate to sums which the borrower receives, or is entitled to receive, before or after a voluntary arrangement takes effect in respect of the borrower).

• (3) In section 46(8) (provisions extending to Northern Ireland), in the entry relating to section 22, for “(3)(e) or (f)” substitute “ (3)(e), (f), (g) or (h) ”.

• (4) Nothing in this section affects a voluntary arrangement that takes effect before this section comes into force.

Student loans under the 1990 Act: IVAs and bankruptcy

258

• (1) Subsections (2) to (5) have effect in relation to the Education (Student Loans) Act 1990 (c. 6) to the extent that that Act continues in force by virtue of any savings made, in connection with its repeal by the Teaching and Higher Education Act 1998 (c. 30), by an order under section 46(4) of that Act.

• (2) In Schedule 2 (loans for students), in paragraph 5(1) for “or 310” substitute “ , 310 or 310A ”.

• (3) In Schedule 2, after paragraph 5 insert—

(5A) (1) This paragraph applies to a sum by way of public sector student loan or subsidised private sector student loan that a person (“the debtor”) receives or is entitled to receive before or after a voluntary arrangement under Part 8 of the Insolvency Act 1986 takes effect in respect of the debtor. (2) The sum is to be ignored for the purposes of the voluntary arrangement. (5B) (1) Part 8 of the Insolvency Act 1986 (individual voluntary arrangements) has effect in relation to a student loan debt with the following modifications. (2) A student loan debt is to be treated as not included among the debtor's debts. (3) A person to whom a student loan debt is owed is to be treated as not being one of the debtor's creditors. (4) A “student loan debt” is a debt or liability to which a debtor is or may become subject in respect of a public sector student loan or subsidised private sector student loan.

• (4) In Schedule 2, after paragraph 6 insert—

(7) (1) There shall not be treated as part of a bankrupt's estate or claimed for his estate under article 280 or 283 of the Insolvency (Northern Ireland) Order 1989 any sums to which this paragraph applies that the bankrupt receives or is entitled to receive after the commencement of the bankruptcy. (2) No debt or liability to which a bankrupt is or may become subject in respect of a sum to which this paragraph applies shall be included in the bankrupt's bankruptcy debts. (3) This paragraph applies to a sum by way of public sector student loan or subsidised private sector student loan payable to the bankrupt pursuant to an agreement entered into by the bankrupt before or after the commencement of the bankruptcy. (8) (1) This paragraph applies to a sum by way of public sector student loan or subsidised private sector student loan that a person (“the debtor”) receives or is entitled to receive before or after a voluntary arrangement under Part 8 of the Insolvency (Northern Ireland) Order 1989 takes effect in respect of the debtor. (2) The sum is to be ignored for the purposes of the voluntary arrangement. (9) (1) Part 8 of the Insolvency (Northern Ireland) Order 1989 (individual voluntary arrangements) has effect in relation to a student loan debt with the following modifications. (2) A student loan debt is to be treated as not included among the debtor's debts. (3) A person to whom a student loan debt is owed is to be treated as not being one of the debtor's creditors. (4) A “student loan debt” is a debt or liability to which a debtor is or may become subject in respect of a public sector student loan or subsidised private sector student loan.

• (5) In section 4, for subsection (4) (extent) substitute—

(4) This Act does not extend to Northern Ireland, with the following exceptions— (a) section 1, so far as necessary for the purpose of defining “public sector student loan” and “subsidised private sector student loan”; (b) section 2; (c) as respects institutions in Northern Ireland, the power to make regulations under paragraph 2 of Schedule 2; (d) paragraphs 7 to 9 of Schedule 2.

• (6) Nothing in this section affects a voluntary arrangement that takes effect, or a bankruptcy that commences, before this section comes into force.

Foundation degrees: Wales

Power to award foundation degrees: Wales

259

• (1) In section 76(1)(b) of the Further and Higher Education Act 1992 (c. 13) (power of Privy Council to specify further education institutions in England that may award foundation degrees) omit “in England”.

• (2) Within the period of four years beginning with the commencement of subsection (1) of this section, the Welsh Ministers must lay before the National Assembly for Wales a report about its effect.

Complaints: Wales

Complaints: Wales

260

• (1) Section 29 of the Education Act 2002 (c. 32) (additional functions of governing body) is amended as follows.

• (2) In subsection (1) after “maintained school” insert “ in England ”.

• (3) In subsection (2) for the words from “(in relation to England)” to the end substitute “ by the Secretary of State ”.

• (4) After subsection (2) insert—

(2A) The Welsh Ministers may make regulations establishing procedures in relation to relevant complaints. (2B) For the purposes of subsection (2A), a “relevant complaint” is a complaint which relates to a maintained school in Wales, or to the provision of facilities or services under section 27 by the governing body of such a school, other than a complaint which falls to be dealt with in accordance with any procedures required to be established in relation to the school by virtue of a statutory provision other than this section. (2C) Where the Welsh Ministers establish procedures by regulations under subsection (2A), the governing body of a maintained school in Wales shall— (a) adopt the procedures, and (b) publicise them in the way specified in the regulations. (2D) In adopting or publicising procedures established by virtue of subsection (2A), the governing body shall have regard to any guidance given from time to time by the Welsh Ministers.

Local Government Act 1974

Local Government Act 1974: minor amendment

261

In paragraph 5(2) of Schedule 5 to the Local Government Act 1974 (c. 7) (exclusion of matters relating to teaching etc. in any school maintained by local authority), after “authority” insert “ , except so far as relating to special educational needs (within the meaning given by section 312 of the Education Act 1996) ”.

Part 13 — General

Orders and regulations

262

• (1) A power to make an order or regulations under Chapter 1 of Part 1, or Part 3 or 4 , or section 253A —

• (a) so far as exercisable by the Secretary of State, the Welsh Ministers or the Scottish Ministers, is exercisable by statutory instrument;

• (b) so far as exercisable by the Department for Employment and Learning in Northern Ireland, is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).

• (2) Any other power of the Secretary of State to make an order or regulations under this Act is exercisable by statutory instrument.

• (3) A power of the Secretary of State or the Welsh Ministers to make an order or regulations under this Act (except a power conferred by section 17, 22 or 269) includes power—

• (a) to make different provision for different purposes (including different areas);

• (b) to make provision generally or in relation to specific cases;

• (c) to make incidental, consequential, supplementary, transitional, transitory or saving provision.

• (3A) An order under section 83A(12) may amend, repeal or revoke any provision of, or in an instrument made under, this or any other Act.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) Subject to subsections (6) to (8), a statutory instrument containing an order or regulations made by the Secretary of State under any provision of this Act (other than an order under section 269) is subject to annulment in pursuance of a resolution of either House of Parliament.

• (6) A statutory instrument which contains (whether alone or with other provision) any of the following may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament—

• (za) the first regulations under section A9;

• (zb) the first regulations under section A10;

• (aa) regulations under section 1(5);

• (aza) regulations under section 40AA;

• (azb) regulations under section 40AB;

• (aaa) regulations under section 40B;

• (aab) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (ab) an order under section 83A(12);

• (b) an order under section 88 or paragraph 9 of Schedule 5;

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (d) an order under section 130(5);

• (e) an order under section 141(1);

• (ea) an order under section 151B(2);

• (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (g) an order under section 252(5);

• (h) an order under section 265 which amends or repeals any provision of an Act.

• (7) Subsections (5) and (6) do not apply to a statutory instrument which contains only—

• (a) an order revoking an order under section 141(1), or

• (b) an order amending an order under section 141(1) for the purpose only of removing a qualification or description of qualification from the application of the order.

• (8) A statutory instrument within subsection (7) must be laid before Parliament.

• (9) Subject to subsection (10), a statutory instrument containing an order or regulations made by the Welsh Ministers under Chapter 1 of Part 1 (other than an order under section 10) or under section 68 , 107 or 253A is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

• (10) A statutory instrument which contains (whether alone or with other provision) regulations under section 2(5) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.

• (11) A statutory instrument containing an order made by the Scottish Ministers under section 68 or 107 is subject to annulment in pursuance of a resolution of the Scottish Parliament.

• (12) A statutory rule containing an order made by the Department for Employment and Learning in Northern Ireland under section 68 or 107 is to be subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.)) as if it were a statutory instrument within the meaning of that Act.

• (13) If a draft of an instrument containing an order under paragraph 9 of Schedule 5 would, apart from this subsection, be treated for the purposes of the Standing Orders of either House of Parliament as a hybrid instrument, it is to proceed in that House as if it were not a hybrid instrument.

Directions

263

A direction given under this Act—

• (a) may be amended or revoked by the person or body by whom it is given;

• (b) may make different provision for different purposes.

General interpretation of Act

264

• (1) In this Act, unless the context otherwise requires—

• “prescribed” means prescribed by regulations;

• “regulations” means regulations made by the Secretary of State.

• (2) Subject to subsections (4) and (5), the Education Act 1996 (c. 56) and the provisions of this Act specified in subsection (3) are to be construed as if those provisions were contained in that Act.

• (3) The provisions are—

• (a) Parts 3, 4 and 5;

• (b) Parts 7 and 8;

• (c) Chapter 4 of Part 10;

• (d) sections 248, 251 and 252.

• (4) Section 562 of the Education Act 1996 (Act not to apply to certain persons detained under order of a court) does not apply to functions of the Secretary of State under Part 4.

• (5) If—

• (a) an expression is given a meaning for the purposes of a provision within subsection (3) (its “local meaning”), and

• (b) that meaning is different from the meaning given to it for the purposes of the Education Act 1996 (its “1996 Act meaning”),

the expression's local meaning applies instead of its 1996 Act meaning.

• (6) Unless the context otherwise requires, a reference in this Act to—

• (a) a community, foundation or voluntary school, or

• (b) a community or foundation special school,

is to such a school within the meaning of the School Standards and Framework Act 1998 (c. 31).

Power to make consequential and transitional provision etc.

265

• (1) The Secretary of State may by order make—

• (a) such supplementary, incidental or consequential provision, or

• (b) such transitory, transitional or saving provision,

as the Secretary of State thinks appropriate for the general purposes, or any particular purpose, of this Act or in consequence of, or for giving full effect to, any provision made by this Act.

• (2) An order under this section may in particular—

• (a) provide for any provision of this Act which comes into force before another provision made by or under this or any other Act has come into force to have effect, until that other provision has come into force, with specified modifications;

• (b) amend, repeal, revoke or otherwise modify any provision of—

• (i) an Act passed before or in the same Session as this Act, or

• (ii) an instrument made under an Act before the passing of this Act.

• (3) Nothing in this section limits the powers conferred by section 262(3)(c) or 269(8)(b).

• (4) The amendments that may be made by virtue of subsection (2)(b) are in addition to those that are made by any other provision of this Act.

Repeals and revocations

266

Schedule 16 contains repeals and revocations (including repeals and revocations of spent provisions).

Financial provisions

267

• (1) There are to be paid out of money provided by Parliament—

• (a) any expenditure incurred by virtue of this Act by the Secretary of State,

• (b) any expenditure incurred by virtue of this Act by the Office of Qualifications and Examinations Regulation, and

• (c) any increase attributable to this Act in the sums payable by virtue of any other Act out of money provided by Parliament.

• (2) Any sums received by the Secretary of State by virtue of Chapter A1 of Part 1, section 78(3)(c), paragraph 18(3)(d) of Schedule 3 or paragraph 6(3)(d) of Schedule 4 are to be paid into the Consolidated Fund.

Extent

268

• (1) This Act extends to England and Wales only, subject to subsections (2) to (4).

• (2) Section 40, Part 1A, sections 68, 69, 107, 108 and this Part also extend to Scotland.

• (3) Part 1A, sections 68, 70, 107, 109, Part 7, sections 257 and 258 and this Part also extend to Northern Ireland.

• (4) An amendment, repeal or revocation made by this Act has the same extent as the provision to which it relates.

Commencement

269

• (1) This Part (except section 266) comes into force on the day on which this Act is passed.

• (2) The following provisions of this Act come into force at the end of two months beginning with the day on which this Act is passed—

• (a) section 58 (and the associated entries in Schedule 16);

• (b) sections 198 to 201.

• (3) The following provisions of this Act come into force on such day as the Welsh Ministers may by order appoint—

• (a) sections 2 and 7 to 10;

• (b) sections 11 and 12, so far as relating to Wales;

• (c) sections 18 to 22;

• (d) sections 28 to 31;

• (e) section 39, so far as relating to Wales;

• (f) sections 48 to 52, so far as relating to Wales;

• (g) paragraphs 54 to 56 of Schedule 6, so far as relating to Wales;

• (h) paragraphs 11, 13 and 27 of Schedule 12, so far as relating to Wales (and the associated entries in Schedule 16);

• (i) paragraphs 14 to 19 and 29 of Schedule 12 (and the associated entries in Schedule 16);

• (j) sections 174 and 192 so far as they relate to the paragraphs of Schedule 12 mentioned in paragraphs (h) and (i);

• (k) section 205 and Schedule 14;

• (l) section 259 (and the associated entry in Schedule 16);

• (m) section 260;

• (n) section 266, so far as it relates to the entries in Schedule 16 mentioned in paragraphs (h), (i) and (l).

• (4) The other provisions of this Act come into force on such day as the Secretary of State may by order appoint.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) Before making an order under subsection (4) bringing into force any provision of Part 7 which confers functions on the Office of Qualifications and Examinations Regulation in relation to Northern Ireland, the Secretary of State must consult the Department for Employment and Learning in Northern Ireland.

• (7) The powers conferred by this section are exercisable by statutory instrument.

• (8) An order under this section may—

• (a) appoint different days for different purposes (including different areas);

• (b) contain transitional, transitory or saving provision in connection with the coming into force of this Act.

Short title

270

• (1) This Act may be cited as the Apprenticeships, Skills, Children and Learning Act 2009.

• (2) This Act is to be included in the list of Education Acts set out in section 578 of the Education Act 1996 (c. 56).

Schedule 1

Employment Rights Act 1996 (c. 18)

1

The Employment Rights Act 1996 is amended as follows.

2

In section 48 (right to present complaint of detriment to employment tribunal), in subsection (1) for “or 47E” substitute “ , 47E or 47F ”.

3

In section 105 (unfair dismissal: redundancy), after subsection (7BA) insert—

(7BB) This subsection applies if the reason (or, if more than one, the principal reason) for which the employee was selected for dismissal was one of those specified in section 104E.

4

In section 108(3) (exceptions to one year qualifying period of continuous employment for claims for unfair dismissal), after paragraph (gj) insert—

(gk) section 104E applies,

.

5

In section 194 (House of Lords staff), in subsection (2)(e) before “VII” insert “ 6A, ”.

6

In section 195 (House of Commons staff), in subsection (2)(e) before “VII” insert “ 6A, ”.

7

In section 199 (mariners)—

• (a) in subsection (2), after “47E,” insert “ 47F, ”;

• (b) in that subsection, before “VII” insert “ 6A, ”;

• (c) in subsection (8)(d), before “VII” insert “ 6A, ”.

8

In section 225 (how to calculate a week's pay in relation to rights during employment) after subsection (4A) insert—

(4B) Where the calculation is for the purposes of section 63J, the calculation date is the day on which the section 63D application was made.

9

In section 227(1) (maximum amount of week's pay) before paragraph (za) insert—

(zza) an award of compensation under section 63J(1)(b),

.

10

In section 235(1) (other definitions) at the appropriate place insert—

“section 63D application” has the meaning given by section 63D(2);

.

11

In section 236(3) (orders and regulations subject to affirmative Parliamentary procedure), after “47C,” insert “ 63D, 63F(7), ”.

Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52)

12

The Trade Union and Labour Relations (Consolidation) Act 1992 is amended as follows.

13

In section 212A (arbitration scheme for unfair dismissal cases etc.), in subsection (1)—

• (a) before paragraph (za) insert—

(zza) section 63F(4), (5) or (6) or 63I(1)(b) of the Employment Rights Act 1996 (study and training);

;

• (b) in paragraph (za) for “the Employment Rights Act 1996” substitute “ that Act ”.

14

In section 237(1A)(a) (cases where employee may complain of unfair dismissal despite participation in unofficial industrial action)—

• (a) for “or 104D” substitute “ , 104D or 104E ”;

• (b) for “and pension scheme membership” substitute “ , pension scheme membership, and study and training ”.

15

In section 238(2A)(a) (cases where employment tribunal to determine whether dismissal of an employee is unfair despite limitation in subsection (2) of that section)—

• (a) for “or 104D” substitute “ , 104D or 104E ”;

• (b) for “and pension scheme membership” substitute “ , pension scheme membership, and study and training ”.

Employment Tribunals Act 1996 (c. 17)

16

In section 18 of the Employment Tribunals Act 1996 (conciliation), in subsection (1)(d) after “28,” insert “ 63F(4), (5) or (6), 63I(1)(b), ”.

Schedule 2

Education Act 1996 (c. 56)

1

The Education Act 1996 is amended as follows.

2

• (1) Section 13 (general responsibility for education) is amended as follows.

• (2) In subsection (1) after “secondary education” insert “ and, in the case of a local authority in England, further education, ”.

• (3) After subsection (2) insert—

(3) The reference in subsection (1) to further education is to further education for persons— (none) (a) who are over compulsory school age but under 19, or (b) who are aged 19 or over but under 25 and are subject to learning difficulty assessment. (4) For the purposes of this Act a person is subject to learning difficulty assessment if— (a) a learning difficulty assessment has been conducted in respect of the person, or (b) arrangements for a learning difficulty assessment to be conducted in respect of the person have been made or are required to be made. (5) In subsection (4), a “learning difficulty assessment” means an assessment under section 139A or 140 of the Learning and Skills Act 2000 (assessments relating to learning difficulties). (6) For the purposes of subsection (1), persons who are subject to a detention order are to be regarded as part of the population of the area in which they are detained (and not any other area).

3

For section 13A substitute—