Education Act 2011

Part 1 — Early years provision

Free of charge early years provision

1

• (1) Part 1 of the Childcare Act 2006 (functions of local authorities in England in relation to childcare) is amended as set out in subsections (2) and (3).

• (2) For section 7 (duty to secure prescribed early years provision free of charge) substitute—

(7) (1) An English local authority must secure that early years provision of such description as may be prescribed is available free of charge, in accordance with any regulations under this subsection, for each young child in their area who— (a) is under compulsory school age, and (b) is of such description as may be prescribed. (2) Regulations under subsection (1) may in particular include provision about— (a) how much early years provision is to be made available in pursuance of the duty imposed by subsection (1); (b) the times at which, and periods over which, early years provision is to be made available in pursuance of that duty. (3) In discharging the duty under subsection (1) a local authority must have regard to any guidance given from time to time by the Secretary of State.

• (3) After section 13 insert—

(13A) (1) This subsection applies to information held for the purposes of functions relating to tax credits— (a) by the Commissioners for Her Majesty's Revenue and Customs, or (b) by a person providing services to them, in connection with the provision of those services. (2) This subsection applies to information held for the purposes of functions relating to social security— (a) by the Secretary of State, or (b) by a person providing services to the Secretary of State, in connection with the provision of those services. (3) Information to which subsection (1) or (2) applies may be supplied to the Secretary of State, or a person providing services to the Secretary of State, for use for the purpose of determining eligibility for free of charge early years provision. (4) Information to which subsection (2) applies may be supplied to an English local authority for use for that purpose. (5) Information received by virtue of subsection (3) may be supplied— (a) to another person to whom it could have been supplied under that subsection, or (b) to an English local authority, for use for that purpose. (6) The references in subsections (4) and (5)(b) to an English local authority include references to a person exercising on behalf of an English local authority functions relating to eligibility for free of charge early years provision. (7) For the purposes of this section and section 13B, free of charge early years provision is early years provision which is required to be made available in pursuance of the duty imposed by section 7. (8) This section does not limit the circumstances in which information may be supplied apart from this section. (13B) (1) A person commits an offence if the person discloses any information— (a) which the person received by virtue of any of subsections (3) to (5) of section 13A, and (b) which relates to a particular person, unless the information is disclosed in accordance with subsection (2). (2) Information is disclosed in accordance with this subsection if it is disclosed in any of the following ways— (a) in the case of information received by virtue of section 13A(3), in accordance with section 13A(5); (b) in the course of a duty that the person disclosing it has in connection with the exercise of functions relating to eligibility for free of charge early years provision; (c) in accordance with an enactment or an order of a court; (d) with consent given by or on behalf of the person to whom the information relates. (3) It is a defence for a person charged with an offence under subsection (1) to prove that the person reasonably believed that the disclosure was lawful. (4) A person guilty of an offence under subsection (1) is liable— (a) on conviction on indictment, to imprisonment for a term not exceeding two years, or a fine, or both; (b) on summary conviction, to imprisonment for a term not exceeding 12 months, or a fine not exceeding the statutory maximum, or both. (5) In relation to an offence committed before the commencement of section 154(1) of the Criminal Justice Act 2003, the reference in subsection (4)(b) to 12 months is to be read as a reference to 6 months.

• (4) Section 100 of the Childcare Act 2006 (provision of information about young children: transitory provision) is repealed.

Part 2 — Discipline

Power of members of staff at schools to search pupils

2

• (1) Chapter 2 of Part 10 of EA 1996 (punishment and restraint of pupils) is amended as set out in subsections (2) to (5).

• (2) In section 550ZA (power of members of staff to search pupils for prohibited items: England)—

• (a) in subsection (3) (prohibited items), after paragraph (e) insert—

(ea) an article that the member of staff reasonably suspects has been, or is likely to be, used— (i) to commit an offence, or (ii) to cause personal injury to, or damage to the property of, any person (including P);

;

• (b) in that subsection, after paragraph (f) insert—

(g) any other item which the school rules identify as an item for which a search may be made.

;

• (c) after subsection (4), insert—

(4A) In subsection (3)(ea)(i), “offence” includes anything that would be an offence but for the operation of any presumption that a person under a particular age is incapable of committing an offence. (4B) In subsection (3)(g), the “school rules” means— (a) in the case of a maintained school or a non-maintained special school, rules in force at the school that are made under measures determined and publicised by the head teacher under section 89 of the Education and Inspections Act 2006; (b) in the case of any other school, measures relating to discipline in the school that are determined and publicised in accordance with regulations. (4C) In subsection (4B)(a)— - “maintained school” means— 1. a community, foundation or voluntary school, 2. a community or foundation special school, 3. a maintained nursery school, or 4. a pupil referral unit; - “non-maintained special school” means a school that is approved under section 342.

• (3) In section 550ZB (power of search under section 550ZA: supplementary)—

• (a) in subsection (5), after “section 550ZA” insert “ to search for an item within section 550ZA(3)(a) to (f) ”;

• (b) in subsection (6)—

• (i) in paragraph (b), after “P” insert “ , unless the condition in subsection (6A) is satisfied ”;

• (ii) in paragraph (c), after “staff” insert “ , unless the condition in subsection (6A) is satisfied ”;

• (c) after subsection (6), insert—

(6A) The condition is satisfied if— (a) the person carrying out the search reasonably believes that there is a risk that serious harm will be caused to a person if the search is not carried out as a matter of urgency, and (b) in the time available it is not reasonably practicable for the search to be carried out by a person of the same sex as P or in the presence of another member of staff (as the case may be).

;

• (d) in subsection (7), in paragraph (b), after “staff” insert “ , unless the condition in subsection (7A) is satisfied ”;

• (e) after subsection (7), insert—

(7A) The condition is satisfied if— (a) the person carrying out the search reasonably believes that there is a risk that serious harm will be caused to a person if the search is not carried out as a matter of urgency, and (b) in the time available it is not reasonably practicable for the search to be carried out in the presence of another member of staff.

• (4) In section 550ZC (power to seize items found during search under section 550ZA)—

• (a) in subsection (2) after “subsection (1)” insert “ to seize an item within section 550ZA(3)(a) to (f) or anything within subsection (1)(b) ”;

• (b) after subsection (6) insert—

(6A) A person who seizes an item that is a prohibited item by virtue of section 550ZA(3)(ea) (article used in commission of offence or to cause personal injury or damage to property) under subsection (1) must— (a) deliver the item to a police constable as soon as reasonably practicable, (b) return the item to its owner, (c) retain the item, or (d) dispose of the item. (6B) A person who seizes an item that is a prohibited item by virtue of section 550ZA(3)(g) (item for which search may be made under school rules) under subsection (1) must return it to its owner, retain it or dispose of it. (6C) In deciding what to do with an item under subsection (6A) or (6B), the person who seized it must have regard to guidance issued for the purpose of this section by the Secretary of State. (6D) Subsections (6E) and (6F) apply to an item that— (a) has been seized under subsection (1), (b) is a prohibited item by virtue of section 550ZA(3)(ea) or (g), and (c) is an electronic device. (6E) The person who seized the item may examine any data or files on the device, if the person thinks there is a good reason to do so. (6F) Following an examination under subsection (6E), if the person has decided to return the item to its owner, retain it or dispose of it, the person may erase any data or files from the device if the person thinks there is a good reason to do so. (6G) In determining whether there is a good reason for the purposes of subsection (6E) or (6F), the person must have regard to any guidance issued for the purposes of this section by the Secretary of State.

;

• (c) in subsection (9), for “and (5)” substitute “ , (5) and (6A) ”.

• (5) In section 550ZD (section 550ZC: supplementary)—

• (a) in subsection (1), after “(5)(a)” insert “ , (6A)(a) ”;

• (b) in subsection (2)(a), for the words from “alcohol” to “article” substitute “ an item within subsection (2A) ”;

• (c) after subsection (2), insert—

(2A) The items referred to in subsection (2)(a) are— (a) alcohol or its container; (b) a controlled drug; (c) a stolen article; (d) an item that is a prohibited item by virtue of section 550ZA(3)(ea) or (g). (2B) Subsection (3) also applies where a person— (a) erases data or a file from an electronic device under section 550ZC(6F); and (b) proves that the erasure was lawful.

;

• (d) in subsection (3)(a), for “or disposal” substitute “ , disposal or erasure ”;

• (e) in subsection (4), after “(2)” insert “ , (2B) ”.

• (6) In section 569 of EA 1996, in subsection (2A) (regulations subject to affirmative procedure), for “550ZA or 550ZC” substitute “ 550ZA(3)(f) or 550ZC(7) ”.

• (7) In section 89 of EIA 2006 (determination by head teacher of behaviour policy), after subsection (4) insert—

(4A) In relation to a school in England, rules made under subsection (4) must identify the items for which a search may be made.

Power of members of staff at further education institutions to search students

3

• (1) Part 3 of FHEA 1992 (miscellaneous and general) is amended as follows.

• (2) In section 85AA (power of members of staff to search students for prohibited items: England), in subsection (3) (prohibited items), after paragraph (e) insert—

(ea) an article that the member of staff reasonably suspects has been, or is likely to be, used— (i) to commit an offence, or (ii) to cause personal injury to, or damage to the property of, any person (including S);

.

• (3) In section 85AB (power of search under section 85AA: supplementary)—

• (a) in subsection (6)—

• (i) in paragraph (b), after “S” insert “ , unless the condition in subsection (6A) is satisfied ”;

• (ii) in paragraph (c), after “staff” insert “ , unless the condition in subsection (6A) is satisfied ”;

• (b) after subsection (6), insert—

(6A) The condition is satisfied if— (a) the person carrying out the search reasonably believes that there is a risk that serious harm will be caused to a person if the search is not carried out as a matter of urgency, and (b) in the time available it is not reasonably practicable for the search to be carried out by a person of the same sex as S or in the presence of another member of staff (as the case may be).

;

• (c) in subsection (7), in paragraph (b), after “staff” insert “ , unless the condition in subsection (7A) is satisfied ”;

• (d) after subsection (7), insert—

(7A) The condition is satisfied if— (a) the person carrying out the search reasonably believes that there is a risk that serious harm will be caused to a person if the search is not carried out as a matter of urgency, and (b) in the time available it is not reasonably practicable for the search to be carried out in the presence of another member of staff.

• (4) In section 85AC (power to seize items found during search under section 85AA)—

• (a) after subsection (6) insert—

(6A) A person who seizes an item that is a prohibited item by virtue of section 85AA(3)(ea) (article used in commission of offence or to cause personal injury or damage to property) under subsection (1) must— (a) deliver the item to a police constable as soon as reasonably practicable, (b) return the item to its owner, (c) retain the item, or (d) dispose of the item. In deciding what to do with an item under this subsection, the person who seized it must have regard to guidance issued for the purpose of this section by the Secretary of State. (6B) Subsections (6C) and (6D) apply to an item that— (a) has been seized under subsection (1), (b) is a prohibited item by virtue of section 85AA(3)(ea), and (c) is an electronic device. (6C) The person who seized the item may examine any data or files on the device, if the person thinks there is a good reason to do so. (6D) Following an examination under subsection (6C), if the person has decided to return the item to its owner, retain it or dispose of it, the person may erase any data or files from the device if the person thinks there is a good reason to do so. (6E) In determining whether there is a good reason for the purposes of subsection (6C) or (6D), the person must have regard to any guidance issued for the purposes of this section by the Secretary of State.

;

• (b) in subsection (9), for “and (5)” substitute “ , (5) and (6A) ”.

• (5) In section 85AD (section 85AC: supplementary)—

• (a) in subsection (1), after “(5)(a)” insert “ , (6A)(a) ”;

• (b) in subsection (2)(a), for the words from “alcohol” to “article” substitute “ an item within subsection (2A) ”;

• (c) after subsection (2), insert—

(2A) The items referred to in subsection (2)(a) are— (a) alcohol or its container; (b) a controlled drug; (c) a stolen article; (d) an article that is a prohibited item by virtue of section 85AA(3)(ea). (2B) Subsection (3) also applies where a person— (a) erases data or a file from an electronic device under section 85AC(6D); and (b) proves that the erasure was lawful.

;

• (d) in subsection (3)(a), for “or disposal” substitute “ , disposal or erasure ”;

• (e) in subsection (4), after “(2)” insert “ , (2B) ”.

Exclusion of pupils from schools in England: review

4

• (1) Chapter 3 of Part 3 of EA 2002 (maintained schools: admissions, exclusions and attendance) is amended as follows.

• (2) Before section 52, insert—

(51A) (1) The head teacher of a maintained school in England may exclude a pupil from the school for a fixed period or permanently. (2) The teacher in charge of a pupil referral unit in England may exclude a pupil from the unit for a fixed period or permanently. (3) Regulations must make provision— (a) requiring prescribed persons to be given prescribed information relating to any exclusion under subsection (1) or (2); (b) requiring the responsible body, in prescribed cases, to consider whether the pupil should be reinstated; (c) requiring the local authority to make arrangements enabling a prescribed person to apply to a review panel for a review, in any prescribed case, of a decision of the responsible body not to reinstate a pupil; (d) about the constitution of a review panel; (e) about the procedure to be followed on a review under paragraph (c). (4) On an application by virtue of subsection (3)(c), the review panel may— (a) uphold the decision of the responsible body, (b) recommend that the responsible body reconsiders the matter, or (c) if it considers that the decision of the responsible body was flawed when considered in the light of the principles applicable on an application for judicial review, quash the decision of the responsible body and direct the responsible body to reconsider the matter. (5) Regulations may provide for the panel to have supplementary powers, and in particular may provide that the panel has the power to make a direction about the effect on an excluded pupil of a recommendation under subsection (4)(b) or a direction under subsection (4)(c). (6) In a case where the panel gives a direction under subsection (4)(c) to the governing body of a maintained school, the panel may, in prescribed circumstances, order an adjustment of the school's budget share for a funding period. (7) Regulations must make provision about— (a) how the amount of the adjustment is to be determined; (b) the effect of the adjustment on the budget shares of other maintained schools for the funding period. (8) Regulations under this section may also make provision— (a) for the payment by the local authority of allowances to members of the review panel; (b) requiring a person or body exercising functions under subsection (1) or (2) or under the regulations to have regard to any guidance given from time to time by the Secretary of State; (c) requiring local authorities to give prescribed information to the Secretary of State; (d) in relation to any other matter relating to the exercise of the powers conferred by subsections (1) and (2). (9) Regulations made by virtue of subsection (8)(a) may provide for any of the provisions of sections 173 to 174 of the Local Government Act 1972 (allowances to members of local authorities and other bodies) to apply with prescribed modifications in relation to members of a review panel. (10) In this section— - “budget share” and “funding period” have the same meaning as in Part 2 of the School Standards and Framework Act 1998; - “exclude”, in relation to the exclusion of a pupil from a school or pupil referral unit, means exclude on disciplinary grounds (and “exclusion” is to be construed accordingly); - “maintained school” has the same meaning as in Chapter 1; - “the responsible body” means— 1. in relation to exclusion from a maintained school, the governing body of the school; 2. in relation to exclusion from a pupil referral unit, such person as may be prescribed. (11) In relation to any time when no responsible body is prescribed in relation to permanent exclusion from a pupil referral unit, subsection (3) has effect in relation to such an exclusion as if— (a) paragraph (b) were omitted, and (b) the decision referred to in paragraph (c) were the decision of the teacher in charge of the unit permanently to exclude the pupil. (12) Regulations may make provision for this section and regulations made under it to apply, with prescribed modifications, in relation to Academies or a description of Academy.

• (3) In section 52 (exclusion of pupils)—

• (a) in subsection (1), after “maintained school” insert “ in Wales ”;

• (b) in subsection (2), after “pupil referral unit” insert “ in Wales ”;

• (c) in subsection (4)—

• (i) in paragraph (b), omit from first “(in” to “Wales)”;

• (ii) in paragraph (c), omit “the Secretary of State or” and “as the case may be,”;

• (d) in the heading, at the end insert “ : Wales ”.

• (4) Schedule 1 (consequential amendments) has effect.

Repeal of requirement to give notice of detention to parent: England

5

In section 92 of EIA 2006 (enforcement of disciplinary penalties: detention outside school sessions), in subsection (3)(d), after “that” insert “ , in relation to a pupil at a school in Wales, ”.

Repeal of duty to enter into behaviour and attendance partnership

6

Section 248 of ASCLA 2009 (co-operation with a view to promoting good behaviour etc: England) is repealed.

Part 3 — School workforce

Abolition of the General Teaching Council for England

Abolition of the General Teaching Council for England

7

• (1) Section 1 of THEA 1998 (the General Teaching Council for England) is amended as follows.

• (2) For subsection (1), substitute—

(1) In this Act, “the Council” means the General Teaching Council for Wales (see section 8).

• (3) For subsection (3), substitute—

(3) The functions conferred on the Council by or under this Chapter are exercisable by them only in relation to Wales.

• (4) Omit subsection (10).

• (5) For the heading, substitute “ Aims and constitution of the Council ”.

Functions of Secretary of State in relation to teachers

8

• (1) In Part 8 of EA 2002 (teachers), after section 141 insert—

(141A) (1) Sections 141B to 141E apply to a person who is employed or engaged to carry out teaching work at— (a) a school in England, (b) a sixth form college in England, (c) relevant youth accommodation in England, or (d) a children's home in England. (2) In subsection (1)— - “children's home” has the same meaning as in the Care Standards Act 2000; - “teaching work” means work of a kind specified in regulations under this section (and such regulations may make provision by reference to specified activities or by reference to the circumstances in which activities are carried out). (141B) (1) The Secretary of State may investigate a case where an allegation is referred to the Secretary of State that a person to whom this section applies— (a) may be guilty of unacceptable professional conduct or conduct that may bring the teaching profession into disrepute, or (b) has been convicted (at any time) of a relevant offence. (2) Where the Secretary of State finds on an investigation of a case under subsection (1) that there is a case to answer, the Secretary of State must decide whether to make a prohibition order in respect of the person. (3) Schedule 11A (regulations about decisions under subsection (2)) has effect. (4) In this section— - a “prohibition order” means an order prohibiting the person to whom it relates from carrying out teaching work; - “teaching work” has the same meaning as in section 141A(1); - “relevant offence”, in relation to a person, means— 1. in the case of a conviction in England and Wales, a criminal offence other than one having no material relevance to the person's fitness to be a teacher, and 2. in the case of a conviction elsewhere, an offence which, if committed in England and Wales, would be within paragraph (a). (141C) (1) The Secretary of State must keep a list containing— (a) the names of persons in relation to whom a prohibition order has effect, and (b) the names of persons who have begun, but have failed satisfactorily to complete, an induction period under section 135A in such circumstances as may be prescribed. (2) The Secretary of State may include on the list the name of any person who has been prohibited from teaching in Wales, Scotland or Northern Ireland that the Secretary of State thinks appropriate to include on the list. (3) The Secretary of State must secure that, where the name of a person is included on the list because an interim prohibition order has effect in respect of the person, there is an indication on the list to that effect. (4) The Secretary of State must secure that, where the name of a person is included on the list because the person has failed satisfactorily to complete an induction period under section 135A, there is an indication on the list to that effect. (5) The list may contain such other information in relation to the persons whose names are included on it as the Secretary of State considers appropriate. (6) The list must be available for inspection by members of the public. (7) In this section— - “prohibition order” has the same meaning as in section 141B; - “interim prohibition order” means an order made by virtue of paragraph 3 of Schedule 11A. (141D) (1) This section applies where a relevant employer has ceased to use the services of a teacher because the teacher has been guilty of serious misconduct. (2) This section also applies where a relevant employer might have ceased to use the services of a teacher as mentioned in subsection (1) had the teacher not ceased to provide those services. (3) The employer must consider whether it would be appropriate to provide prescribed information about the teacher to the Secretary of State. (4) In this section— - “relevant employer” means— 1. a local authority; 2. a person exercising a function relating to the provision of education on behalf of a local authority; 3. the proprietor of a school; 4. a sixth form college corporation; 5. a person who employs a person to teach in a children's home or in relevant youth accommodation; - “education” includes vocational, social, physical and recreational training; - “children's home” has the same meaning as in the Care Standards Act 2000; - “services” includes professional and voluntary services; - “teacher” means a person within section 141A(1). (141E) (1) This section applies where arrangements have been made by a person (the “agent”) for a teacher to carry out work at the request of or with the consent of a relevant employer (whether or not under a contract) and the agent has terminated the arrangements because the teacher has been guilty of serious misconduct. (2) This section also applies where the agent— (a) might have terminated the arrangements as mentioned in subsection (1) had the teacher not terminated them, or (b) might have refrained from making new arrangements because of the teacher's serious misconduct had the teacher not ceased to be available for work. (3) The agent must consider whether it would be appropriate to provide prescribed information about the teacher to the Secretary of State. (4) In this section “relevant employer” and “teacher” have the same meanings as in section 141D.

• (2) In EA 2002, after Schedule 11, insert—

SCHEDULE 11A (1) The Secretary of State must make regulations in accordance with the following provisions of this Schedule. (2) (1) Regulations under paragraph 1 must make provision about the procedure to be followed by the Secretary of State in reaching a decision under section 141B(2). (2) The regulations must not require a person to give evidence or produce any document or other material evidence which the person could not be compelled to give or produce in civil proceedings in any court in England and Wales. (3) The regulations may make provision for any functions of the Secretary of State under section 141B to be excluded or restricted in such circumstances as may be specified in or determined under the regulations. (4) The circumstances include, in particular, where the Secretary of State considers this to be appropriate taking into account the powers of the Independent Safeguarding Authority under the Safeguarding Vulnerable Groups Act 2006. (3) (1) Regulations under paragraph 1 may make provision for the Secretary of State to make an interim prohibition order, pending the Secretary of State's final decision under section 141B (2). (2) Regulations about interim prohibition orders must provide that an interim prohibition order may be made only if the Secretary of State considers that it is necessary in the public interest to do so. (3) Regulations about interim prohibition orders must provide that the Secretary of State must review an interim prohibition order— (a) within six months of the order being made, and (b) within each subsequent six month period, if the person to whom the order relates makes an application to the Secretary of State for such a review. (4) (1) Regulations under paragraph 1 may make provision— (a) about the service on a person to whom a prohibition order relates of notice of the order and of the right to appeal against the order under paragraph 5; (b) about the publication of information relating to the case of a person to whom a prohibition order relates; (c) prescribing circumstances in which a person to whom a prohibition order relates may nevertheless carry out teaching work (within the meaning of section 141A). (2) Regulations under paragraph 1 may also make provision— (a) as to the time when a prohibition order takes effect; (b) allowing a person to whom a prohibition order relates to apply to the Secretary of State for the order to be set aside; (c) as to the minimum period for which a prohibition order must be in effect before such an application may be made; (d) as to the procedure relating to such an application. (5) (1) Regulations under paragraph 1 must make provision conferring on a person to whom a prohibition order relates a right to appeal against the order to the High Court. (2) The regulations must provide that an appeal must be brought within 28 days of the person being served with notice of the prohibition order. (3) No appeal is to lie from any decision of the Court on such an appeal. (4) In this paragraph, “prohibition order” does not include an interim prohibition order made by virtue of paragraph 3. (6) (1) Regulations under paragraph 1 may make incidental and supplementary provision, including provision— (a) where a prohibition order has effect in relation to a person, for the Secretary of State to serve notice of the order on the person's employer; (b) requiring the employer of such a person to take such steps in consequence of the order (which may include dismissing the person) as may be prescribed; (c) authorising the delegation of functions conferred by virtue of this Schedule and the determination of matters by any person or persons specified in the regulations. (2) Regulations under paragraph 1 may also make provision— (a) for the Secretary of State to make a decision in a particular case about the effect in England of an order prohibiting a person from teaching in schools in Wales, Scotland or Northern Ireland; (b) about the effect in general in England of orders prohibiting a person from teaching in schools in Wales, Scotland or Northern Ireland.

Requirement for teachers in England to serve induction period

9

In Part 8 of EA 2002 (teachers), after section 135 insert—

(135A) (1) Regulations may make provision for, and in connection with, requiring persons employed as teachers at relevant schools in England, subject to such exceptions as may be provided by or under the regulations, to have satisfactorily completed an induction period of not less than three school terms in— (a) a relevant school, (b) in such circumstances as may be prescribed, a nursery school that— (i) is not maintained by a local authority, and (ii) is not a special school, (c) in such circumstances as may be prescribed, an independent school, or (d) in such circumstances as may be prescribed, an institution within the further education sector (or an institution within the further education sector of a prescribed description). (2) Regulations under this section may, in particular, make provision— (a) as to the length of the induction period in any prescribed circumstances; (b) as to periods of employment which are to count towards the induction period; (c) as to the number of induction periods that a person may serve, and the circumstances in which a person may serve more than one induction period; (d) precluding a relevant school, in such circumstances as may be prescribed, from being one at which an induction period may be served; (e) as to supervision and training during a person's induction period; (f) authorising the Secretary of State to determine the standards against which a person is to be assessed for the purpose of deciding whether the person has satisfactorily completed an induction period; (g) requiring the appropriate body to decide whether a person— (i) has achieved those standards and has accordingly satisfactorily completed his or her induction period, or (ii) should have his or her induction period extended by such period as may be determined by the appropriate body, or (iii) has failed satisfactorily to complete his or her induction period; (h) requiring the head teacher of a school to make a recommendation to the appropriate body as to whether a person has achieved the standards mentioned in paragraph (f); (i) requiring the appropriate body to inform the Secretary of State of any decision under paragraph (g); (j) requiring the employer of a person employed as a teacher at a relevant school to secure— (i) the termination of that person's employment as a teacher, or (ii) that the person only undertakes such teaching duties as may be determined in accordance with the regulations, in such circumstances following a decision that the person has failed satisfactorily to complete his or her induction period as may be prescribed; (k) authorising or requiring the appropriate body to exercise such other functions as may be prescribed (which may include functions with respect to the provision of assistance to schools or to institutions within the further education sector or of training for teachers); (l) authorising the appropriate body in such circumstances as may be prescribed to make such reasonable charges in connection with the exercise of its functions under the regulations as it may determine; (m) requiring any person or body exercising any prescribed function under the regulations to have regard to any guidance given from time to time by the Secretary of State as to the exercise of that function. (3) Regulations under subsection (1)(d) may, in particular— (a) provide that an induction period may not be begun without approval of the appropriate body for the serving of that induction period; (b) provide for approval to be general or specific; (c) make provision (including transitional provision) about the withdrawal of approval; (d) impose conditions or limitations on the appropriate body's power to give or withhold approval. (4) In this section— - “the appropriate body” means such person or body (including a local authority) as may be prescribed by, or determined by the Secretary of State in accordance with, regulations under this section (and such regulations may provide for an appropriate body which is not a local authority to include a representative of such an authority); - “relevant school” means a school maintained by a local authority or a special school not so maintained. (5) In the application of this section to an institution within the further education sector— (a) a reference to a school term is to be read as a reference to a term of the institution; (b) a reference to the head teacher of a school is to be read as a reference to the principal of the institution. (135B) (1) Regulations under section 135A must include provision conferring on a person aggrieved by a decision under subsection (2)(g) of that section a right to appeal against the decision to the Secretary of State. (2) A decision on an appeal made by virtue of subsection (1) is to be final. (3) Regulations under section 135A made in pursuance of subsection (1) may make provision for, or for the determination in accordance with the regulations of, such matters relating to appeals as the Secretary of State considers necessary or expedient. (135C) (1) During the induction period which a person is required to serve by virtue of regulations under section 135A, the provisions of section 131 (appraisal of teachers' performance) and regulations under that section do not apply to the person. (2) Where, in accordance with a requirement imposed by virtue of subsection (2)(j)(ii) of section 135A, a teacher employed at a school maintained by a local authority— (a) continues to be employed at the school, but (b) is not undertaking his or her normal teaching duties there, any costs incurred by the local authority in respect of the teacher's emoluments are not to be met from the school's budget share for any funding period except in so far as the authority have good reason for deducting those costs, or any part of those costs, from that share. Nothing in this subsection applies to a maintained school at any time when the school does not have a delegated budget. (3) In subsection (2)— (a) the references to a school's budget share and to a school not having a delegated budget have the same meaning as in Part 2 of the School Standards and Framework Act 1998; (b) “funding period”, in relation to a school's budget share, has the same meaning as in that Part. (4) Sections 496 and 497 of the Education Act 1996 (default powers of Secretary of State) have effect in relation to the duties imposed and powers conferred by virtue of section 135A as if the bodies to which those sections apply included— (a) the governing body of a special school that is not maintained by a local authority; (b) the governing body (within the meaning given by section 90(1) of the Further and Higher Education Act 1992) of an institution within the further education sector; (c) the appropriate body (within the meaning of section 135A).

Abolition of the GTCE: transitional provision

10

• (1) Subsections (2) to (9) apply to a disciplinary order made by the General Teaching Council for England (“the Council”) by virtue of Schedule 2 to THEA 1998 that is in force immediately before the commencement date.

• (2) A prohibition order is to be treated, after the commencement date, as if it were a prohibition order made by the Secretary of State under section 141B of EA 2002.

• (3) A conditional registration order is to continue in force for the period during which any condition specified in the order has effect, or, if any condition specified in the order has effect without limit of time, until such time as the order is revoked.

• (4) A suspension order is to continue in force until the later of—

• (a) the end of the suspension period specified in the order, and

• (b) the date on which the person to whom the order relates has complied with any condition specified in the order by virtue of paragraph 4(2) of Schedule 2 to THEA 1998.

• (5) Where a conditional registration order remains in force after the commencement date by virtue of subsection (3), sub-paragraphs (1) to (3) of paragraph 3 of Schedule 2 to THEA 1998 continue to apply to the order, but with the modification specified in subsection (6).

• (6) Sub-paragraph (1) of paragraph 3 is modified so that for the words “eligible for registration under section 3” there is substituted “ allowed to carry out teaching work within the meaning of section 141A of the Education Act 2002 ”.

• (7) Where a suspension order remains in force after the commencement date by virtue of subsection (4), sub-paragraphs (1) to (3) of paragraph 4 of Schedule 2 to THEA 1998 continue to apply to the order, but with the modifications specified in subsection (8).

• (8) Sub-paragraphs (1) and (2) of paragraph 4 are modified as follows—

• (a) in sub-paragraph (1)—

• (i) in paragraph (a), for the words “eligible for registration under section 3” there is substituted “ allowed to carry out teaching work within the meaning of section 141A of the Education Act 2002 ”;

• (ii) paragraph (b) (and the “and” preceding it) is omitted;

• (iii) in the words following paragraph (b), for “become so eligible” there is substituted “ be allowed to carry out such work ”;

• (b) in sub-paragraph (2)—

• (i) in paragraph (a), for “become eligible again for registration under section 3” there is substituted “ be allowed to carry out teaching work within the meaning of section 141A of the Education Act 2002 ”;

• (ii) in paragraph (b), for “become so eligible” there is substituted “ be allowed to carry out such work ”.

• (9) Where a conditional registration order or a suspension order remains in force after the commencement date by virtue of subsection (3) or (4)—

• (a) any regulations under Schedule 2 to THEA 1998 that make provision about the variation or revocation of disciplinary orders continue to apply in relation to the order, but those regulations have effect as if functions conferred on the Council (or a committee of the Council) by the regulations had been transferred to the Secretary of State;

• (b) regulations under paragraph 6 of Schedule 2 to THEA 1998 (appeals against disciplinary orders to High Court) continue to apply;

• (c) the Secretary of State may consider an application to vary or revoke the order.

• (10) The Secretary of State may include on the list maintained under section 141C of EA 2002 (list of persons prohibited from teaching etc) any person in relation to whom a conditional registration order or a suspension order is in force.

• (11) Where immediately before the commencement date a teacher in England was the subject of an investigation by the Council (or a committee of the Council) by virtue of Schedule 2 to THEA 1998, the Secretary of State may continue the investigation and make a decision under section 141B of EA 2002.

• (12) In this section—

• “the commencement date” means the date on which section 7 (abolition of the General Teaching Council for England) comes into force;

• “disciplinary order”, “conditional registration order” and “suspension order” have the same meanings as in Schedule 2 to THEA 1998 (see paragraph 2(3)).

Abolition of the GTCE: consequential amendments

11

• (1) Schedule 2 (consequential amendments) has effect.

• (2) The Secretary of State may by order make changes in consequence of sections 7 to 10 to any provision of subordinate legislation made before the date on which this Act is passed.

• (3) “Subordinate legislation” has the meaning given by section 21(1) of the Interpretation Act 1978.

Abolition of the GTCE: transfer schemes

12

Schedule 3 (schemes for the transfer of staff, property, rights and liabilities from the General Teaching Council for England to the Secretary of State) has effect.

Reporting restrictions

Restrictions on reporting alleged offences by teachers

13

• (1) In Part 8 of EA 2002 (teachers), after section 141E (inserted by section 8), insert—

(141F) (1) This section applies where a person who is employed or engaged as a teacher at a school is the subject of an allegation falling within subsection (2). (2) An allegation falls within this subsection if— (a) it is an allegation that the person is or may be guilty of a relevant criminal offence, and (b) it is made by or on behalf of a registered pupil at the school. (3) No matter relating to the person is to be included in any publication if it is likely to lead members of the public to identify the person as the teacher who is the subject of the allegation. (4) Any person may make an application to a magistrates' court for an order dispensing with the restrictions imposed by subsection (3). (5) The court may make an order dispensing with the restrictions, to the extent specified in the order, if it is satisfied that it is in the interests of justice to do so, having regard to the welfare of— (a) the person who is the subject of the allegation, and (b) the victim of the offence to which the allegation relates. (6) The power under subsection (5) may be exercised by a single justice. (7) In the case of a decision to make or refuse to make an order under subsection (5), a person mentioned in subsection (8) may, in accordance with Criminal Procedure Rules— (a) appeal to the Crown Court against the decision, or (b) appear or be represented at the hearing of such an appeal. (8) The persons referred to in subsection (7) are— (a) a person who was a party to the proceedings on the application for the order; (b) any other person with the leave of the Crown Court. (9) On an appeal under subsection (7), the Crown Court may— (a) make such order as is necessary to give effect to its determination of the appeal, and (b) make such incidental or consequential orders as appear to it to be just. (10) The restrictions in subsection (3) cease to apply once proceedings for the offence have been instituted. (11) The restrictions in subsection (3) also cease to apply if— (a) the Secretary of State publishes information about the person who is the subject of the allegation in connection with an investigation or decision under section 141B (investigation of disciplinary cases by Secretary of State) relating to the same allegation, or (b) the General Teaching Council for Wales publishes information about the person who is the subject of the allegation in connection with an investigation, hearing or determination under Schedule 2 to the Teaching and Higher Education Act 1998 (investigation of disciplinary cases by the General Teaching Council for Wales) relating to the same allegation. (12) The restrictions in subsection (3) also cease to apply if— (a) the person who is the subject of the allegation includes a matter in a publication, or (b) another person includes a matter in a publication with the written consent of the person who is the subject of the allegation; and, in either case, the inclusion of the matter in the publication would otherwise be in breach of subsection (3). (13) Written consent is to be ignored for the purposes of subsection (12)(b) if it is proved that any person interfered unreasonably with the peace or comfort of the person giving the consent, with intent to obtain it. (14) In this section— - “publication” includes any speech, writing, relevant programme or other communication in whatever form, which is addressed to the public at large or any section of the public (and for this purpose, every relevant programme shall be taken to be so addressed), but does not include— 1. an indictment or other document prepared for use in particular legal proceedings, or 2. a document published by the regulator of a profession of which the person who is the subject of the allegation is a member in connection with disciplinary proceedings in relation to the person; - “relevant criminal offence”, in relation to a person employed or engaged as a teacher at a school, means an offence against the law of England and Wales where the victim of the offence is a registered pupil at the school; - “relevant programme” means a programme included in a programme service, within the meaning of the Broadcasting Act 1990. (15) For the purposes of this section, proceedings for an offence are instituted at the earliest of the following times— (a) when a justice of the peace issues a summons or warrant under section 1 of the Magistrates' Courts Act 1980 in respect of the offence; (b) when a public prosecutor issues a written charge and requisition in respect of the offence; (c) when a person is charged with the offence after being taken into custody without a warrant; (d) when a bill of indictment is preferred by virtue of section 2(2)(b) of the Administration of Justice (Miscellaneous Provisions) Act 1933. (141G) (1) This section applies if a publication includes any matter in breach of section 141F (3). (2) Where the publication is a newspaper or periodical, any proprietor, any editor and any publisher of the newspaper or periodical is guilty of an offence. (3) Where the publication is a programme included in a programme service (within the meaning of the Broadcasting Act 1990), the following are guilty of an offence— (a) any body corporate engaged in providing the programme service in which the programme is included, and (b) any person having functions in relation to the programme corresponding to those of an editor of a newspaper. (4) In the case of any other publication, any person publishing it is guilty of an offence. (5) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale. (6) If an offence committed by a body corporate is proved— (a) to have been committed with the consent or connivance of, or (b) to be attributable to any neglect on the part of, an officer, the officer as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly. (7) In subsection (6), “officer” means a director, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity. (8) If the affairs of a body corporate are managed by its members, “director” in subsection (7) means a member of that body. (9) Schedule 11B contains supplementary provision relating to an offence under this section. (141H) (1) Where a person is charged with an offence under section 141G, it is a defence for the person to prove either of the matters mentioned in subsection (2). (2) The matters are— (a) that, at the time of the alleged offence, the person was not aware, and neither suspected nor had reason to suspect, that the publication included the matter in question; (b) that, at the time of the alleged offence, the person was not aware, and neither suspected nor had reason to suspect, that the allegation in question had been made.

• (2) Schedule 4 (offence of breaching reporting restrictions: application to providers of information society services) has effect.

Abolition of the Training and Development Agency for Schools

Abolition of the Training and Development Agency for Schools

14

Sections 74 to 84 of, and Schedule 13 to, EA 2005 (the Training and Development Agency for Schools) are repealed.

Training the school workforce: powers of Secretary of State and Welsh Ministers

15

• (1) Part 2 of EA 2002 (financial assistance for education and children etc) is amended as set out in subsections (2) and (3).

• (2) In section 14 (power of Secretary of State and Welsh Ministers to give financial assistance for purposes related to education or children etc)—

• (a) in subsection (2), after paragraph (c) insert—

(ca) enabling any person to receive any training for teachers or for non-teaching staff;

;

• (b) in subsection (2ZA), for “(2)(g)” substitute “ (2) ”.

• (3) In section 16 (terms on which assistance under section 14 is given)—

• (a) in subsection (1), after “appropriate” insert “ , subject to subsection (2B) ”;

• (b) in subsection (2)(b), after “appropriate” insert “ , subject to subsection (2B) ”;

• (c) after subsection (2) insert—

(2A) Subsection (2B) applies to— (a) financial assistance given under section 14 to an institution within the higher education sector, and (b) financial assistance required by virtue of subsection (2)(b) to be given to such an institution. (2B) The terms on which the assistance is given may not be framed by reference to criteria for the selection and appointment of staff or the admission of students.

• (4) Part 3 of EA 2005 (training the school workforce) is amended as set out in subsections (5) to (9).

• (5) Before section 85 (and the italic heading preceding it), insert—

(84A) In carrying out their duties under sections 10 and 11 of the Education Act 1996, the Welsh Ministers must in particular make such arrangements as they consider expedient for securing that sufficient facilities are available for the training of teachers to serve in— (a) schools maintained by local authorities in Wales, (b) institutions in Wales within the further education sector, and (c) institutions in Wales which are maintained by local authorities in Wales and provide higher education or further education (or both). (84B) (1) The Welsh Ministers may promote careers in the school workforce in Wales. (2) The Welsh Ministers may exercise the power conferred by subsection (1) jointly with the Secretary of State or any other person with functions relating to careers in the school workforce. (3) The Welsh Ministers may make arrangements for the power conferred by subsection (1) to be exercised on their behalf by any other person. (4) Arrangements under subsection (3) may (in particular) make provision for that power to be exercised— (a) to the extent, and on the terms, specified in the arrangements; (b) generally or in such circumstances as are specified in the arrangements; (c) jointly with any person with whom it can be exercised jointly by the Welsh Ministers by virtue of subsection (2). (5) Arrangements under subsection (3) do not prevent the power conferred by subsection (1) from being exercised by the Welsh Ministers.

• (6) In section 92 (joint exercise of functions)—

• (a) in subsection (1), for “A funding agency” substitute “ The Secretary of State, HEFCW ”;

• (b) in subsection (2), omit “the other funding agency,”;

• (c) after subsection (2) insert—

(2A) The reference in subsection (1) to the functions of the Secretary of State is to the functions of the Secretary of State relating to training for members of the school workforce.

;

• (d) omit subsection (3).

• (7) In section 93 (efficiency studies)—

• (a) in subsection (1), for “A funding agency” substitute “ The Secretary of State and HEFCW ”;

• (b) in subsection (2), for “a funding agency” substitute “ the Secretary of State or HEFCW ”;

• (c) in subsection (3)(a), for “support under this Part from the Agency” substitute “ assistance under section 14 of the Education Act 2002 from the Secretary of State ”.

• (8) For section 94 (duty to provide information) substitute—

(94) (1) HEFCW may give the Secretary of State information for the purposes of the exercise of the Secretary of State's functions relating to training for members of the school workforce. (2) The Secretary of State may give HEFCW information for the purposes of the exercise of their functions under any enactment. (3) The persons and bodies mentioned in subsection (4) must— (a) give the Secretary of State such information as the Secretary of State may require for the purpose of the exercise of the Secretary of State's functions relating to training for members of the school workforce; (b) give HEFCW such information as they may require for the purpose of the exercise of their functions under any enactment. (4) The persons and bodies referred to in subsection (3) are— (a) a person receiving, or who has received or applied for, a grant, loan or other payment under section 86, or financial assistance from the Secretary of State under section 14 of the Education Act 2002; (b) a local authority.

• (9) In section 100 (interpretation of Part 3)—

• (a) omit the definitions of “the Agency” and “a funding agency”;

• (b) in the definition of “the school workforce”, for “section 75(5)” substitute “ subsection (1A) ”;

• (c) in the definition of “training provider”, for “has the meaning given by section 78(3)” substitute “ means a person who provides training for members of the school workforce ”;

• (d) after subsection (1) insert—

(1A) For the purposes of this Part, the school workforce consists of the following members— (a) persons who work in schools, and (b) other persons who are teachers or who carry out work that consists of or includes teaching.

Abolition of the TDA: consequential amendments

16

• (1) Schedule 5 (abolition of the TDA: consequential amendments) has effect.

• (2) The Secretary of State may by order make changes in consequence of sections 14 and 15 to any provision of subordinate legislation made before the date on which this Act is passed.

• (3) The Welsh Ministers may by order make changes in consequence of sections 14 and 15, so far as applicable to Wales, to any provision of—

• (a) an instrument made under a Measure of the National Assembly for Wales before the date on which this Act is passed;

• (b) any other subordinate legislation made before the date on which this Act is passed, so far as applicable to Wales.

• (4) “Subordinate legislation” has the meaning given by section 21(1) of the Interpretation Act 1978.

Abolition of the TDA: transfer schemes

17

Schedule 6 (schemes for the transfer of staff, property, rights and liabilities from the Training and Development Agency for Schools to the Secretary of State) has effect.

Abolition of the School Support Staff Negotiating Body

Abolition of the School Support Staff Negotiating Body

18

• (1) Sections 227 to 241 of, and Schedule 15 to, ASCLA 2009 (the School Support Staff Negotiating Body) are repealed.

• (2) In consequence of subsection (1), in the House of Commons Disqualification Act 1975, in Part 3 of Schedule 1 (other disqualifying offices), omit “Person appointed to chair the School Support Staff Negotiating Body.”

Staff: minor amendments

Staffing of maintained schools: suspension of delegated budget

19

• (1) In section 35 of EA 2002 (staffing of community, voluntary controlled, community special and maintained nursery schools), in subsection (7) (effect of suspension of school's delegated budget), after “the School Standards and Framework Act 1998” insert “ , or section 66 of the Education and Inspections Act 2006, ”.

• (2) In section 36 of EA 2002 (staffing of foundation, voluntary aided and foundation special schools), in subsection (7) (effect of suspension of school's delegated budget), after “the School Standards and Framework Act 1998” insert “ , or section 66 of the Education and Inspections Act 2006, ”.

Part 4 — Qualifications and the Curriculum

International comparison surveys

Requirement for schools to participate in international surveys

20

In Chapter 4 of Part 9 of EA 1996 (provision of information by governing bodies etc), after section 538, insert—

(538A) The Secretary of State may direct the governing body of a community, foundation or voluntary school in England to secure that the school participates in such international education surveys as may be specified in the direction.

Ofqual

The Chief Regulator of Qualifications and Examinations

21

Schedule 7 (the Chief Regulator of Qualifications and Examinations) has effect.

The qualifications standards objective

22

In section 128 of ASCLA 2009 (Ofqual's objectives) for subsection (2) (the qualifications standards objective) substitute—

(2) The qualifications standards objective is to secure that— (a) regulated qualifications give a reliable indication of knowledge, skills and understanding, and (b) regulated qualifications indicate — (i) a consistent level of attainment (including over time) between comparable regulated qualifications, and (ii) a consistent level of attainment (but not over time) between regulated qualifications and comparable qualifications (including those awarded outside the United Kingdom) which are not qualifications to which this Part applies.

Enforcement powers

23

• (1) Part 7 of ASCLA 2009 (the Office of Qualifications and Examinations Regulation) is amended as set out in subsections (2) to (6).

• (2) In section 151 (power to give directions), for subsection (1) substitute—

(1) Subsection (2) applies if it appears to Ofqual that a recognised body has failed or is likely to fail to comply with a condition to which the recognition is subject.

• (3) After section 151 insert—

(151A) (1) Subsection (2) applies if it appears to Ofqual that a recognised body has failed to comply with a condition to which the recognition is subject. (2) Ofqual may impose a monetary penalty on the recognised body. (3) A “monetary penalty” is a requirement to pay to Ofqual a penalty of an amount determined by Ofqual in accordance with section 151B. (4) Before imposing a monetary penalty on a recognised body, Ofqual must give notice to the body of its intention to do so. (5) The notice must— (a) set out Ofqual's reasons for proposing to impose the penalty, and (b) specify the period during which, and the way in which, the recognised body may make representations about the proposal. (6) The period specified under subsection (5)(b) must not be less than 28 days beginning with the date on which the notice is received. (7) Ofqual must have regard to any representations made by the recognised body during the period specified in the notice in deciding whether to impose a monetary penalty on the body. (8) If Ofqual decides to impose a monetary penalty on the body, it must give the body a notice containing information as to— (a) the grounds for imposing the penalty, (b) how payment may be made, (c) the period within which payment is required to be made (which must not be less than 28 days), (d) rights of appeal, (e) the period within which an appeal may be made, and (f) the consequences of non-payment. (151B) (1) The amount of a monetary penalty imposed on a recognised body under section 151A must not exceed 10% of the body's turnover. (2) The turnover of a body for the purposes of subsection (1) is to be determined in accordance with an order made by the Secretary of State. (3) Subject to subsection (1), the amount may be whatever Ofqual decides is appropriate in all the circumstances of the case. (151C) (1) A recognised body may appeal to the First-tier Tribunal against— (a) a decision to impose a monetary penalty on the body under section 151A; (b) a decision as to the amount of the penalty. (2) An appeal under this section may be made on the grounds— (a) that the decision was based on an error of fact; (b) that the decision was wrong in law; (c) that the decision was unreasonable. (3) The requirement to pay the penalty is suspended pending the determination of an appeal under this section. (4) On an appeal under this section the Tribunal may— (a) withdraw the requirement to pay the penalty; (b) confirm that requirement; (c) vary that requirement; (d) take such steps as Ofqual could take in relation to the failure to comply giving rise to the decision to impose the requirement; (e) remit the decision whether to confirm the requirement to pay the penalty, or any matter relating to that decision, to Ofqual. (151D) (1) This section applies if all or part of a monetary penalty imposed on a recognised body is unpaid at the end of the period ending on the applicable date. (2) The applicable date is— (a) the last date on which the recognised body may make an appeal under section 151C in respect of the penalty, if no such appeal is made; (b) if an appeal under section 151C in respect of the penalty is made— (i) the date on which the appeal is determined, or (ii) if the appeal is withdrawn before being determined, the date on which the appeal is withdrawn. (3) The unpaid amount of the penalty for the time being carries interest at the rate for the time being specified in section 17 of the Judgments Act 1838 (and does not also carry interest as a judgment debt under that section). (4) The total amount of interest imposed under subsection (3) must not exceed the amount of the penalty. (5) Ofqual may recover from the body, as a civil debt due to it, the unpaid amount of the penalty and any unpaid interest.

• (4) In section 152 (power to withdraw recognition), for subsection (2) substitute—

(2) Ofqual may withdraw recognition from the recognised body in respect of the award or authentication of— (a) a specified qualification or description of qualification in respect of which the body is recognised, or (b) every qualification or description of qualification in respect of which the body is recognised.

• (5) After section 152 insert—

(152A) (1) Ofqual may, by notice, require a recognised body on which a sanction has been imposed to pay the costs incurred by Ofqual in relation to imposing the sanction, up to the time it is imposed. (2) The references in subsection (1) to imposing a sanction are to— (a) giving a direction under section 151; (b) imposing a monetary penalty under section 151A; (c) withdrawing recognition under section 152. (3) “Costs” includes in particular— (a) investigation costs; (b) administration costs; (c) costs of obtaining expert advice (including legal advice). (4) A notice given to a recognised body under subsection (1) must contain information as to— (a) the amount required to be paid, (b) how payment may be made, (c) the period within which payment is required to be made (which must not be less than 28 days), (d) rights of appeal, (e) the period within which an appeal may be made, and (f) the consequences of non-payment. (5) The body may require Ofqual to provide a detailed breakdown of the amount specified in the notice. (152B) (1) A recognised body may appeal to the First-tier Tribunal against— (a) a decision under section 152A(1) to require the body to pay costs; (b) a decision as to the amount of those costs. (2) An appeal under this section may be made on the grounds— (a) that the decision was based on an error of fact; (b) that the decision was wrong in law; (c) that the decision was unreasonable. (3) The requirement to pay the costs is suspended pending the determination of an appeal under this section. (4) On an appeal under this section the Tribunal may— (a) withdraw the requirement to pay the costs; (b) confirm that requirement; (c) vary that requirement; (d) take such steps as Ofqual could take in relation to the failure to comply giving rise to the decision to impose the requirement; (e) remit the decision whether to confirm the requirement to pay the costs, or any matter relating to that decision, to Ofqual. (152C) (1) This section applies if all or part of an amount of costs that a recognised body is required to pay under section 152A(1) is unpaid at the end of the period ending on the applicable date. (2) The applicable date is— (a) the last date on which the recognised body may make an appeal under section 152B in respect of the costs, if no such appeal is made; (b) if an appeal under section 152B in respect of the costs is made— (i) the date on which the appeal is determined, or (ii) if the appeal is withdrawn before being determined, the date on which the appeal is withdrawn. (3) The unpaid amount of the costs for the time being carries interest at the rate for the time being specified in section 17 of the Judgments Act 1838 (and does not also carry interest as a judgment debt under that section). (4) The total amount of interest imposed under subsection (3) must not exceed the amount of the costs. (5) Ofqual may recover from the body, as a civil debt due to it, the unpaid amount of the costs and any unpaid interest.

• (6) In section 153 (qualifications regulatory framework), in subsection (8)(e), for “152” substitute “ 152C ”.

• (7) In section 262(6) of ASCLA 2009 (orders and regulations subject to affirmative resolution procedure), after paragraph (e) insert—

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

.

Qualifications: Wales

Enforcement powers of Welsh Ministers

24

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

Abolition of the Qualifications and Curriculum Development Agency

Abolition of the Qualifications and Curriculum Development Agency

25

Sections 175 to 191 of, and Schedule 11 to, ASCLA 2009 (the Qualifications and Curriculum Development Agency) are repealed.

Abolition of the QCDA: consequential amendments

26

• (1) Schedule 8 (abolition of the QCDA: consequential amendments) has effect.

• (2) The Secretary of State may by order make changes in consequence of section 25 to any provision of subordinate legislation made before the date on which this Act is passed.

• (3) “Subordinate legislation” has the meaning given by section 21(1) of the Interpretation Act 1978.

Abolition of the QCDA: transfer schemes

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Schedule 9 (schemes for the transfer of staff, property, rights and liabilities from the QCDA to other persons) has effect.

Careers education and guidance

Education and training support services in England

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• (1) Part 2 of ESA 2008 (education and training support services in England) is amended as set out in subsections (2) to (5).

• (2) Section 69 (Secretary of State directions in relation to education and training support services) is repealed.

• (3) In consequence of subsection (2)—

• (a) in section 68 (provision of support services by local authorities)—

• (i) omit subsection (2);

• (ii) in subsection (3), omit “and section 69”;