Legalize / United Kingdom / Public General Act

Education Act 2011

Type Public General Act

Publication 2011-11-15

Last updated 2018-07-09

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(iii) in subsection (4), omit paragraph (a) (and the “and” after it);

(b) in section 70(2) (local authorities: supplementary powers), omit “or 69”;

(4) Section 73 (duty on schools and FE institutions to permit access by persons involved in providing education and training support services) is repealed.

(5) In section 76A (supply of information obtained in connection with education and training support services), omit subsection (5) (information not to be disclosed in a way that reveals identity of individual to whom it relates).

(6) In consequence of the amendment made by subsection (2), omit section 255(2) of ASCLA 2009.

Careers guidance in schools in England

29

(1) Part 7 of EA 1997 (careers education and guidance) is amended as set out in subsections (2) to (8).

(2) Before section 43 insert—

(42A) (1) The responsible authorities for a school in England within subsection (2) must secure that all registered pupils at the school are provided with independent careers guidance during the relevant phase of their education. (2) A school is within this subsection if it provides secondary education and is one of the following— (a) a community, foundation or voluntary school; (b) a community or foundation special school (other than one established in a hospital); (c) a pupil referral unit. (3) The responsible authorities for a school within subsection (2) are— (a) in the case of a school within subsection (2)(a) or (b), its governing body; (b) in the case of a pupil referral unit, the local authority that maintain it. (4) The responsible authorities must secure that careers guidance provided under subsection (1)— (a) is presented in an impartial manner, (b) includes information on options available in respect of 16 to 18 education or training, including apprenticeships, and (c) is guidance that the person giving it considers will promote the best interests of the pupils to whom it is given. (5) Careers guidance provided to pupils at a school is independent for the purposes of this section if it is provided other than by— (a) a teacher employed or engaged at the school, or (b) any other person employed at the school. (6) For the purposes of this section the relevant phase of a pupil's education is the period— (a) beginning at the same time as the school year in which the majority of pupils in the pupil's class attain the age of 14, and (b) ending with the expiry of the school year in which the majority of pupils in the pupil's class attain the age of 16. (7) In this section— - “apprenticeship” includes employment and training leading to the issue of an apprenticeship certificate under section 3 or 4 of the Apprenticeships, Skills, Children and Learning Act 2009; - “career” includes undertaking any training, education, employment or occupation; - “careers guidance” means guidance about careers; - “class”, in relation to a pupil, means— 1. the teaching group in which the pupil is regularly taught, or 2. if the pupil is taught in different groups for different subjects, such one of those groups as is designated by the head teacher of the school or, in the case of a pupil at a pupil referral unit, by the teacher in charge of the unit; - “16 to 18 education or training” means education or training suitable to the requirements of persons who have ceased to be of compulsory school age but have not attained the age of 18; - “training” includes a voluntary or other placement apt to enable the development of any skill or competency (whether or not taking place at a time when the person concerned is still a registered pupil at a school in England).

(3) In section 43 (careers education in schools)—

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

(b) in subsection (2), omit paragraph (d) (but not the “and” after it);

(d) in subsection (3)—

(i) omit “(and, where applicable, subsection (2B))”;

(ii) omit paragraph (b) (but not the “and” after it);

(e) omit subsection (4);

(f) in subsection (6)—

(i) in the definition of “class”, for the words from “, in relation” to the end substitute “ has the same meaning as in section 42A; ”;

(ii) omit the definitions of “16-18 education or training” and “training”;

(g) in the heading, at the end insert “ in Wales ”.

(4) In section 44—

(a) in subsection (8)(a), for “listed in section 43(2)(a) to (d)” substitute “ in Wales listed in section 43(2)(a) and (c) ”;

(b) in subsection (8)(b), after “institutions” insert “ in Wales ”;

(9) It is the duty of the each of the following to secure that subsections (1), (4) and (6) are complied with— (a) the governing body of the school or institution; (b) its head teacher, principal or other head.

;

(d) in subsection (10)(a), after “a school” insert “ in Wales ”;

(e) in subsection (10)(b), after “an institution” insert “ in Wales ”;

(f) in the heading, after “institutions” insert “ in Wales ”.

(5) In section 45 (provision of careers information at schools and other institutions)—

(a) in subsection (2)(a), for “listed in section 43(2)(a) to (d)” substitute “ in Wales listed in section 43(2)(a) and (c) ”;

(b) in subsection (2), omit the words from “and, in the case” to the end;

(d) for subsection (3) substitute—

(3) It is the duty of each of the following to secure that subsection (1) is complied with— (a) the governing body of the school or institution; (b) its head teacher, principal or other head.

;

(e) in subsection (5), for “ “careers education” and “16-18 education or training”” substitute “and “careers education””.

(6) In section 45A (guidance as to discharge of duties)—

(a) in subsection (1), for “43(2)(a), (c) or (e)” substitute “ 42A(2) ”;

(b) in subsection (2), for “any of sections 43(3), 44(9) and 45(3)” substitute “ 42A(1) or (4) ”;

(7) In section 45B (provision of curriculum information), in the heading, at the end insert “ : Wales ”.

(8) In section 46 (extension or modification of provisions of sections 43 to 45)—

(a) in subsection (1), for the words from “43” to “44(10)(a)(i)” substitute “ 42A, 43 or 44 by substituting for the period specified in section 42A(6), 43(5) or 44(10)(a)(i) ”;

(b) after subsection (2) insert—

(2A) The Secretary of State may by regulations make provision for requiring— (a) the governing bodies of institutions in England within the further education sector, and (b) the principals or other heads of such institutions, to secure that careers guidance is provided for any specified description of persons attending such institutions.

;

(d) in subsection (5), after the definition of “careers education” insert—

“careers guidance” has the same meaning as in section 42A;

(9) In consequence of the amendments made by subsections (1) to (8), omit—

(a) paragraph 71 of Schedule 9 to LSA 2000;

(b) paragraph 8 of Schedule 7 to EA 2002;

(d) section 250 of ASCLA 2009.

Repeal of the diploma entitlement

Repeal of diploma entitlement for 16 to 18 year olds

30

(1) In section 45 of ASCLA 2009 (local authority duties in relation to the core and additional entitlements), the provisions to be inserted into EA 1996 are amended as set out in subsections (2) to (6).

(2) In the italic cross-heading above section 17A, for “core and additional entitlements” substitute “ core entitlement ”.

(3) In section 17A (duties in relation to the core and additional entitlements)—

(a) in subsection (1), for “core entitlement and the additional entitlement are” substitute “ core entitlement is ”;

(b) omit subsections (2) to (5);

(d) omit subsection (8);

(e) in subsection (9)—

(i) for “references in subsections (1) and (2)” substitute “ reference in subsection (1) ”;

(ii) for “do” substitute “ does ”;

(f) in the heading, for “core and additional entitlements” substitute “ core entitlement ”.

(4) Omit section 17B (election for either core entitlement or additional entitlement).

(5) In section 17C (the core entitlement)—

(a) before subsection (1) insert—

(A1) A person over compulsory school age but under 19 has the core entitlement.

;

(b) in subsection (1), for “electing for” substitute “ who has ”;

(5) In this section “course of study” means a course of education or training leading to a qualification specified, or a qualification of a description specified, by the Secretary of State by order for the purposes of this subsection.

(6) Omit section 17D (the additional entitlement).

(7) In section 48 of ASCLA 2009 (provision of education for persons subject to youth detention), in the section 18A to be inserted into EA 1996—

(a) in subsection (2)(e), omit “and the additional entitlement” and “who have elected for them”;

(b) for subsection (4) substitute—

(4) Section 17C (the core entitlement) applies for the purposes of subsection (2)(e).

(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Repeal of diploma entitlement for fourth key stage

31

(1) Section 74 of EIA 2006 (curriculum requirements for the fourth key stage) is amended as follows.

(2) In subsection (1), in the new section 85A to be inserted into EA 2002—

(a) in subsection (1), for the words from “do either of the following” to the end substitute “ follow a course of study in a subject within each of such one or more of the four entitlement areas specified in subsection (2) as the pupil may choose. ”;

(b) in subsection (2), for “(1)(a)” substitute “ (1) ”;

(c) in subsection (4), for the words after “satisfied” substitute “ if a course of study in a subject within each of the entitlement areas specified in subsection (2) is made available to the pupil by or on behalf of the school at which the pupil is a registered pupil. ”;

(d) in subsection (5), for “(1)(a) or (b)” substitute “ (1) ”;

(e) in subsection (6), for the words after “means” substitute “ a course of education or training which leads to such qualification as the governing body may choose from among those approved under section 98 of the Learning and Skills Act 2000 for the purposes of section 96 of that Act. ”

(3) Omit subsection (3).

Part 5 — Educational institutions: other provisions

Repeal of duties of governing bodies, local authorities and others

Duty to prepare and publish school profile

32

(1) Section 30A of EA 2002 (duty of governing body of maintained school in England to prepare and publish school profile) is repealed.

(2) In consequence of subsection (1), section 104 of EA 2005 (insertion of section 30A of EA 2002) is repealed.

Duty to appoint school improvement partners

33

(1) Section 5 of EIA 2006 (requirement for local authority to appoint school improvement partner for each school they maintain) is repealed.

(2) In consequence of subsection (1), in section 187(3) of EIA 2006 (provisions to be read as if they were contained in EA 1996), omit paragraph (a).

Duties in relation to school admissions

34

(1) Part 3 of SSFA 1998 (school admissions) is amended as follows.

(2) In section 85A (admission forums)—

(a) in subsection (1)—

(i) in the opening words, after “authority” insert “ in Wales ”;

(ii) at the end of paragraph (a), insert “ and ”;

(iii) omit paragraph (c) (and the “and” preceding it);

(b) omit subsections (1A) to (1C);

(d) omit subsection (3A);

(e) omit subsections (5A) and (5B).

(3) In section 88I (other functions of adjudicator relating to admission arrangements), in subsection (3), omit paragraph (b) (and the “or” preceding it).

(4) Section 88J (changes to admission arrangements by schools adjudicator) is repealed.

(5) In section 88P (reports by local authorities)—

(a) in subsection (1) for “prescribed” substitute “ required by the code for school admissions ”;

(b) omit subsections (4) and (5).

(6) Schedule 10 (consequential amendments) has effect.

Duties in relation to school meals etc

35

(1) Part 9 of EA 1996 (ancillary functions) is amended as follows.

(2) In section 512ZA (power to charge for meals etc)—

(a) after subsection (1) insert—

(1A) Where a local authority in England exercise the power to charge under subsection (1), the price they charge for an item must not exceed the cost of providing that item.

;

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

(3) In section 533 (functions of governing bodies of maintained schools with respect to provision of school meals etc)—

(a) after subsection (3) insert—

(3A) Where the governing body of a school in England exercise the power to charge under subsection (3), the price they charge for an item must not exceed the cost of providing that item.

;

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

Admissions

Objections to admission arrangements

36

(1) Section 88H of SSFA 1998 (reference of objections to adjudicator) is amended as set out in subsections (2) to (6).

(2) In subsection (2)—

(a) in paragraph (a), for “an appropriate person” substitute “ a body or person ”;

(b) after “that” insert “ body or ”.

(3) Omit subsection (3).

(4) In subsection (4) omit “or (3)”.

(5) In subsection (5)—

(a) in paragraph (a)(i) omit “or (3)”;

(b) in paragraph (a)(ii) for “(3)” substitute “ (2) ”;

(d) in paragraph (d) omit “or (3)”.

(6) Omit subsection (6).

(7) In section 88K of SSFA 1998 (sections 88H to 88J: supplementary), for subsection (2)(b) substitute—

(b) any other person or body.

New schools

Establishment of new schools

37

Schedule 11 (establishment of new schools) has effect.

Governing bodies: constitution and dissolution

Constitution of governing bodies: maintained schools in England

38

(1) Section 19 of EA 2002 (governing bodies) is amended as follows.

(2) After subsection (1) insert—

(1A) Regulations must provide for a governing body of a maintained school in England to consist of— (a) persons elected or appointed as parent governors, (b) the head teacher of the school, (c) a person elected as a staff governor, (d) a person appointed as a local authority governor, (e) in the case of a foundation school, a foundation special school or a voluntary school, persons appointed as foundation governors or partnership governors, and (f) such other persons as may be prescribed.

(3) In subsection (2), after “governing body” insert “ of a maintained school in Wales ”.

(4) After subsection (4) insert—

(4A) Regulations made by virtue of subsection (3)(c) in relation to a maintained school in England may include provision for eligibility criteria for the school's local authority governor to be such as may be specified by the school's governing body. (4B) Regulations made by virtue of subsection (3)(e) in relation to a maintained school in England may include provision allowing the head teacher of the school to resign from office as a governor (and to withdraw any such resignation).

Discontinuance of federated school: governing body not to be dissolved

39

In paragraph 5 of Schedule 1 to EA 2002 (dissolution of school governing body on discontinuance of school), after sub-paragraph (1) insert—

(1A) Sub-paragraph (1) does not apply if— (a) the school is a federated school in England, and (b) immediately after the discontinuance date, there will be more than one other school remaining in the federation. (1B) “Federation” and “federated school” have the meanings given by section 24(2).

Standards

School inspections: exempt schools

40

(1) Part 1 of EA 2005 (school inspections and other inspections by school inspectors) is amended as set out in subsections (2) to (8).

(2) In section 5 (duty to inspect certain schools at prescribed intervals)—

(a) in subsection (2), for “subsection (3)” substitute “ subsections (3) and (4A) ”;

(b) after subsection (4), insert—

(4A) Regulations may provide that this section does not apply to prescribed categories of school in prescribed circumstances. (4B) A school to which this section does not apply by virtue of regulations under subsection (4A) is an “exempt school”.

(3) In section 6 (duty to notify parents of section 5 inspection), in subsection (1)—

(a) omit “to which section 5 applies”;

(b) for “that section” substitute “ section 5 ”.

(4) In section 8 (other inspections), at the end insert—

(3) If the Chief Inspector carries out an inspection of a school under subsection (2) in response to a request from the appropriate authority for the school, the Chief Inspector may charge the appropriate authority for the cost of the inspection. (4) In subsection (3), “appropriate authority” has the meaning given by section 6(3).

(5) In section 9 (power of Chief Inspector to treat other inspection as section 5 inspection)—

(a) the existing provision is renumbered subsection (1);

(b) at the end insert—

(2) In the case of an inspection of an exempt school under section 8, the Chief Inspector may elect to treat the inspection for the purposes of subsections (5) to (5B) and (7) of section 5, sections 6 and 7 and Chapter 2 as if it were an inspection under section 5. (3) In the case of an inspection of an exempt school under section 8(1), the Secretary of State may require the Chief Inspector to treat the inspection for the purposes of subsections (5) to (5B) and (7) of section 5, sections 6 and 7 and Chapter 2 as if it were an inspection under section 5. (4) In the case of an inspection of a school under section 8(2) which is carried out in response to a request from the appropriate authority for the school, the Chief Inspector must treat the inspection for the purposes of subsections (5) to (5B) and (7) of section 5, sections 6 and 7 and Chapter 2 as if it were an inspection under section 5. (5) In subsection (4), “appropriate authority” has the meaning given by section 6(3).

;

(6) In section 12 (interpretation of Chapter 1), after the definition of “the Chief Inspector” insert—

“exempt school” has the meaning given in section 5(4B);

(7) In section 15 (measures to be taken by local authority), in subsection (2C) for the words from “in respect of” to the end substitute “ which is not treated as a section 5 inspection by virtue of section 9 ”.

(8) In section 17 (statement to be prepared by proprietor of school), in subsection (1D) for the words from “in respect of” to the end substitute “ which is not treated as a section 5 inspection by virtue of section 9 ”.

(9) In section 121 of EA 2005 (parliamentary control of subordinate legislation)—

(a) in subsection (2)(a), after “subsection” insert “ (2A) or ”;

(b) after subsection (2) insert—

(2A) This subsection applies to regulations under section 5(4A) (power to prescribe schools exempt from inspection), apart from the first regulations to be made under that subsection. (2B) A statutory instrument which contains (whether alone or with other provisions) regulations to which subsection (2A) applies may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

School inspections: matters to be covered in Chief Inspector’s report

41

(1) In section 5 of EA 2005 (duty to inspect certain schools at prescribed intervals), for subsections (5) and (5A) (matters for report), substitute—

(5) It is the general duty of the Chief Inspector, when conducting an inspection under this section, to report on the quality of education provided in the school. (5A) The Chief Inspector's report under subsection (5) must in particular cover— (a) the achievement of pupils at the school; (b) the quality of teaching in the school; (c) the quality of the leadership in and management of the school; (d) the behaviour and safety of pupils at the school. (5B) In reporting under subsection (5), the Chief Inspector must consider— (a) the spiritual, moral, social and cultural development of pupils at the school; (b) the extent to which the education provided at the school meets the needs of the range of pupils at the school, and in particular the needs of— (i) pupils who have a disability for the purposes of the Equality Act 2010, and (ii) pupils who have special educational needs.

(2) In consequence of subsection (1), section 154 of EIA 2006 (amendments of section 5(5) of EA 2005) is repealed.

Inspection of further education institutions: exempt institutions

42

(1) Chapter 3 of Part 8 of EIA 2006 (inspection of further education and training etc) is amended as set out in subsections (2) to (10).

(2) In section 125 (inspection of further education institutions)—

(a) in subsection (1), at the end insert “ subject to subsection (1A) ”;

(b) after that subsection insert—

(1A) The Secretary of State may by regulations provide that the duty of the Chief Inspector in subsection (1) does not apply to prescribed categories of institution in prescribed circumstances. (1B) An institution to which the duty in subsection (1) does not apply by virtue of regulations under subsection (1A) is an “exempt institution”.

;

(3) Section 126 (other inspections) is amended as set out in subsections (4) to (9).

(4) After subsection (1), insert—

(1A) The Chief Inspector must inspect an exempt institution if requested to do so by the Secretary of State.

(5) After subsection (2) insert—

(2A) On completing an inspection under subsection (1) or (1A) conducted in response to a request from the Secretary of State or any other person or body, the Chief Inspector must— (a) make a written report on the inspection; (b) arrange for the report to be published in such manner as the Chief Inspector considers appropriate.

(6) In subsection (3), after “this section” insert “ conducted in any other case ”.

(7) In subsection (4), after “subsection (1)” insert “ or (1A) ”.

(8) After subsection (5) insert—

(5A) In the case of an inspection conducted under subsection (1) in response to a request from the provider of the education or training concerned, the Chief Inspector may charge the provider for the cost of the inspection.

(9) At the end, insert—

(8) In this section “exempt institution” has the meaning given by section 125(1B).

(10) In section 127 (action plans), in subsection (1) at the end insert “ or (1A) ”.

(11) In section 182 of EIA 2006 (parliamentary control of orders and regulations)—

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

(aa) regulations to which subsection (2A) applies,

;

(b) after subsection (2) insert—

(2A) This subsection applies to regulations made under section 125(1A) (power to prescribe institutions exempt from inspection), apart from the first regulations to be made under that subsection.

;

(aa) regulations to which subsection (2A) applies,

Inspection of boarding accommodation

43

(1) Part 12 of the Children Act 1989 (miscellaneous and general) is amended as follows.

(2) In section 87 (welfare of children in boarding schools and colleges)—

(a) after subsection (1), insert—

(1A) For the purposes of this section and sections 87A to 87D, a school or college provides accommodation for a child if— (a) it provides accommodation for the child on its own premises, or (b) it arranges for accommodation for the child to be provided elsewhere (other than in connection with a residential trip away from the school).

;

(b) in subsection (3), for “he is accommodated” substitute “ accommodation for the child is provided ”;

(3A) Where accommodation is provided for a child by a school or college in England, the Secretary of State may at any time (including a time when the duty under subsection (3) is suspended by virtue of section 87A) direct the Chief Inspector for England to take the steps referred to in subsection (3). (3B) Where accommodation is provided for a child by a school or college in Wales, the Welsh Ministers may, at any time when the duty under subsection (3) is suspended by virtue of section 87A, take the steps referred to in subsection (3).

;

(d) in subsection (5), for “its duty” substitute “ any of its functions ”;

(e) in subsection (9A), for “he is accommodated” substitute “ accommodation for the child is provided ”.

(3) In section 87A (suspension of duty under section 87(3))—

(a) in subsection (1)(b), for “they are accommodated” substitute “ accommodation for the children is provided ”;

(b) after subsection (4) insert—

(4A) The Secretary of State may by regulations specify matters that must be taken into account in deciding whether to appoint a person to be an inspector for the purposes of this section in relation to schools or colleges in England, or to terminate the appointment of such a person under subsection (4)(b).

(4) After section 87B insert—

(87BA) (1) The Chief Inspector for England must, at intervals of no more than a year, prepare and send to the Secretary of State a report about inspectors who are appointed under section 87A in relation to schools or colleges in England. (2) In preparing a report under this section the Chief Inspector for England must have regard to such matters as the Secretary of State may direct. (3) The Secretary of State may in particular give directions about— (a) matters to be taken into account in preparing a report, and (b) the form and contents of a report.

(5) In section 87C (boarding schools: national minimum standards), in subsection (1), for “in” substitute “ by ”.

Schools causing concern: powers of Secretary of State

44

(1) Part 4 of EIA 2006 (schools causing concern: England) is amended as follows.

(2) In section 68 (power of Secretary of State to direct closure of school), in subsection (1), for “by virtue of section 62 (school requiring special measures)” substitute “ other than by virtue of section 60A ”.

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

Complaints: repeal of power to complain to Local Commissioner

45

(1) Sections 206 to 224 of ASCLA 2009 (complaints against schools in England) are repealed.

(2) In consequence of subsection (1)—

(a) in section 409 of EA 1996 (complaints and enforcement: maintained schools)—

(i) in subsection (1), after “authority” insert “ in Wales ” and after “schools” insert “ in Wales ”;

(ii) in subsection (4), for “Secretary of State” substitute “ Welsh Ministers ”;

(iii) in the heading, after “schools” insert “ in Wales ”;

(b) in section 496 of EA 1996 (power of Secretary of State to prevent unreasonable exercise of functions), omit subsections (3) and (4);

(d) in paragraph 6 of Schedule 1 (pupil referral units: complaints)—

(i) in sub-paragraph (3), after “local authority” insert “ in Wales ” and after “unit” insert “ in Wales ”;

(ii) in sub-paragraph (4), for “Secretary of State” substitute “ Welsh Ministers ”, after “any local authority” and “a local authority” insert insert “ in Wales ”, and after “pupil referral unit” insert “ in Wales ”;

(e) in paragraph 1 of Schedule 4 to the Local Government Act 1974 (disqualifications from acting as Local Commissioner or investigating complaint), omit sub-paragraphs (2C) and (2D);

(f) in section 262(6) of ASCLA 2009 (statutory instruments subject to affirmative procedure), omit paragraph (f);

(g) in Schedule 16 to ASCLA 2009 (repeals and revocations), omit Part 7 (complaints);

(h) section 22 of CSFA 2010 (amendments of sections 207 and 216 of ASCLA 2009) is repealed.

Finance

Local authorities’ financial schemes

46

In Schedule 14 to SSFA 1998 (revision of local authority schemes), in paragraph 2A, at the end insert—

(4) The Secretary of State may by a direction revise the whole or any part of a scheme maintained by a local authority in England as from such date as may be specified in the direction. (5) Before giving such a direction the Secretary of State must consult the local authority and such other persons as the Secretary of State thinks fit.

Payments in respect of dismissal, etc

47

(1) Section 37 of EA 2002 (payments in respect of dismissal, etc) is amended as follows.

(2) After subsection (7), insert—

(7A) Any amount payable by virtue of subsection (7) by the governing body of a maintained school in England to the local authority may be met by the governing body out of the school's budget share for any funding period if and to the extent that the condition in subsection (7B) is met. (7B) The condition is that the governing body are satisfied that meeting the amount out of the school's budget share will not to a significant extent interfere with the performance of any duty imposed on them by section 21(2) or by any other provision of the Education Acts.

(3) In subsection (8), after “maintained school” insert “ in Wales ”.

Determination of permitted charges

48

(1) Section 456 of EA 1996 (regulation of permitted charges) is amended as follows.

(2) In subsection (4), after paragraph (a) insert—

(aa) attributable to the provision of the buildings and accommodation used in connection with the provision of the optional extra, or

(3) In subsection (5), for “subsection (6)” substitute “ subsections (6) and (6A) ”.

(4) After subsection (6), insert—

(6A) Where the optional extra in question consists of education which is early years provision (as defined by section 20 of the Childcare Act 2006), the cost of its provision includes the costs, or an appropriate proportion of the costs, attributable to the provision of teaching staff employed for the purpose of providing the education.

Further education institutions

Further education institutions: amendments

49

Schedule 12 (further education institutions: amendments) has effect.

Pupil referral units

Financing of pupil referral units

50

(1) Section 45 of SSFA 1998 (financing of maintained schools: maintained schools to have budget shares) is amended as follows.

(2) In subsection (1A), omit “or” at the end of paragraph (b), and after paragraph (c) insert

, or (d) a pupil referral unit in England.

(3) In subsection (3)—

(a) in paragraph (a), after “pupil referral units” insert “ in Wales ”;

(b) after paragraph (a) insert—

(aa) references to the governing body of a maintained school or of a school maintained by a local authority shall be read, in relation to a pupil referral unit in England, as references to the management committee for the unit (in spite of paragraph 1 of Schedule 1 to the Education Act 1996); (ab) references to governors shall be read, in relation to a pupil referral unit in England, as references to the members of the management committee for the unit;

Repeal of provision changing name of pupil referral units

51

(1) ASCLA 2009 is amended as set out in subsections (2) and (3).

(2) In section 249 (short stay schools: miscellaneous)—

(a) omit subsections (1) and (2) (change of name from pupil referral unit to short stay school);

(b) for the heading, substitute “ Regulations about pupil referral units ”.

(3) For the italic cross-heading above section 249, substitute “ Pupil referral units ”.

(4) In Schedule 1 to EA 1996 (pupil referral units), in paragraph 3A—

(a) in sub-paragraph (a), for “short stay school” substitute “ pupil referral unit ”;

(b) in sub-paragraph (b), for “short stay schools”, in both places where it occurs, substitute “ pupil referral units ”.

Part 6 — Academies

Academy arrangements

Academies: removal of requirement to have specialism

52

In section 1(6) of AA 2010 (Academy arrangements: characteristics of Academy) omit paragraph (b) (curriculum to have emphasis on particular subject area).

Academy arrangements: post-16 education and alternative provision

53

(1) Section 1 of AA 2010 (Academy arrangements) is amended as set out in subsections (2) to (6).

(2) For subsection (5) substitute—

(5) The undertakings are— (a) to establish and maintain an educational institution in England which meets the requirements of any of the following— (i) section 1A (Academy schools); (ii) section 1B (16 to 19 Academies); (iii) section 1C (alternative provision Academies); (b) to carry on, or provide for the carrying on, of the institution.

(3) Omit subsection (6).

(4) In subsection (7), for “a school within subsection (5)(a)(i)” substitute “ an educational institution within section 1A(1) ”.

(5) In subsection (9), for “school” (in both places) substitute “ institution ”.

(6) In subsection (10), for “A school” substitute “ An educational institution ”.

(7) After section 1 of AA 2010 insert—

(1A) (1) An educational institution meets the requirements of this section if— (a) it is an independent school, (b) it has a curriculum satisfying the requirements of section 78 of EA 2002 (balanced and broadly based curriculum), (c) it provides education for pupils of different abilities, (d) it provides education for pupils who are wholly or mainly drawn from the area in which it is situated, and (e) it is not an alternative provision Academy (see section 1C). (2) An educational institution also meets the requirements of this section if— (a) it is an independent school, and (b) it is specially organised to make special educational provision for pupils with special educational needs. (3) An Academy which meets the requirements of this section is to be known as an Academy school. (1B) (1) An educational institution meets the requirements of this section if it is principally concerned with providing full-time or part-time education suitable to the requirements of persons over compulsory school age but under 19. (2) “Education” includes vocational, social, physical and recreational training. (3) An Academy which meets the requirements of this section is to be known as a 16 to 19 Academy. (1C) (1) An educational institution meets the requirements of this section if— (a) it is principally concerned with providing full-time or part-time education for children of compulsory school age who, by reason of illness, exclusion from school or otherwise, may not otherwise receive suitable education for any period, (b) it provides education for children of different abilities, and (c) it provides education for children who are wholly or mainly drawn from the area in which it is situated. (2) “Suitable education”, in relation to a child, means efficient education suitable to the child's age, ability and aptitude and to any special educational needs the child may have. (3) An Academy which meets the requirements of this section is to be known as an alternative provision Academy. (1D) (1) Regulations may provide for a statutory provision relating to maintained schools or a description of maintained school, or to pupil referral units, to apply in relation to alternative provision Academies, or a description of alternative provision Academy, with or without modifications. (2) Regulations may provide for a statutory provision relating to Academies, Academy schools or 16 to 19 Academies— (a) to apply in relation to alternative provision Academies, or a description of alternative provision Academy, with or without modifications; (b) not to apply in relation to alternative provision Academies or a description of alternative provision Academy. (3) Regulations may provide for a statutory provision relating to alternative provision Academies or a description of alternative provision Academy— (a) to apply in relation to a description of alternative provision Academy, with modifications; (b) not to apply in relation to a description of alternative provision Academy. (4) “Statutory provision” means a provision made by or under this or any other Act, whenever passed or made.

Consequential amendments: 16 to 19 Academies and alternative provision Academies

54

(1) Schedule 13 (16 to 19 Academies and alternative provision Academies: consequential amendments) has effect.

(2) The Secretary of State may by order make further changes in consequence of section 53 to any provision of—

(a) an Act passed before, or in the same Session as, this Act;

(b) 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.

Academy orders

Academy orders: involvement of religious bodies etc

55

(1) Section 4 of AA 2010 (Academy orders) is amended as follows.

(2) After subsection (1), insert—

(1A) Before making an Academy order under subsection (1)(b) in respect of a foundation or voluntary school that has a foundation, the Secretary of State must consult— (a) the trustees of the school, (b) the person or persons by whom the foundation governors are appointed, and (c) in the case of a school which has a religious character, the appropriate religious body.

(3) In subsection (4)—

(a) at the end of paragraph (a), omit “and”;

(b) at the end insert

, and (c) in the case of a foundation or voluntary school that has a foundation— (i) the trustees of the school, (ii) the person or persons by whom the foundation governors are appointed, and (iii) in the case of a school which has a religious character, the appropriate religious body.

(4) In subsection (5)—

(a) at the end of paragraph (a), omit “and”;

(b) at the end insert

, and (c) in the case of a foundation or voluntary school that has a foundation— (i) the trustees of the school, (ii) the person or persons by whom the foundation governors are appointed, and (iii) in the case of a school which has a religious character, the appropriate religious body.

(5) At the end, insert—

(8) In this section, “the appropriate religious body”, in relation to a school, means— (a) in the case of a Church of England school or a Roman Catholic school, the appropriate diocesan authority; (b) in any other case, such body or person representing the specified religion or religious denomination as is prescribed under section 88F(3)(e) of SSFA 1998. (9) In the case of a school in relation to which there is more than one religion or religious denomination specified, references to “the appropriate religious body” are to be read as references to both or all of the bodies concerned. (10) In subsections (8) and (9), “specified” means specified in the order under section 69(3) of SSFA 1998 relating to the school. (11) Expressions used in this section and SSFA 1998 have the same meaning as in that Act.

Academies: consultation on conversion

56

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

Academy conversions: federated schools

57

(1) AA 2010 is amended as follows.

(2) In section 3 (application for Academy order) after subsection (5) insert—

(6) In the case of a federated school, references in this section to the governing body include references to members of the governing body who— (a) together make up a proportion of the total number of members that is specified in, or determined in accordance with, regulations, and (b) consist of or include members of any prescribed description.

(3) In section 4 (Academy orders), in subsection (1)(a), for “the governing body of the school make an application” substitute “ an application in respect of the school is made ”.

(4) In section 7 (transfer of school surpluses)—

(a) in subsection (6)(a), after “made available” insert “ in respect of the school ”;

(b) in subsection (6), at the end, insert “ This subsection is subject to subsection (9). ”;

(d) after subsection (8) insert—

(9) If the school is a federated school, the questions of — (a) whether the school has a surplus, and (b) if so, the amount of the surplus, are to be determined in accordance with regulations.

(5) In section 17 (interpretation of Act), in subsection (2), after the definition of “the conversion date” insert—

“federated school” has the meaning given by section 24(2) of EA 2002;

Academy orders: local authority powers

58

In section 6 of AA 2010 (effect of Academy order), after subsection (2) insert—

(2A) Subsection (2) does not prohibit the local authority from providing financial or other assistance in respect of the Academy, including by— (a) making payments in respect of some (but not all) of the expenses of maintaining the Academy, (b) providing premises, goods or services for the Academy, or (c) making premises, goods or services available to be used for the purposes of the Academy.

Transfer of property, rights and liabilities to Academies

59

(1) Section 8 of AA 2010 (transfer of other property) is amended as follows.

(2) For subsection (2) substitute—

(2) The Secretary of State may make a scheme (a “transfer scheme”) in relation to— (a) property used or held for the purposes of the school by a local authority or the school's governing body, and (b) rights and liabilities (including rights and liabilities in relation to staff) of the local authority or the governing body which were acquired or incurred for the purposes of the school.

(3) In subsections (3) to (10), for “property transfer scheme” (in each place) substitute “ transfer scheme ”.

(4) In subsection (4), for “the proprietor of the Academy” substitute “ a person concerned with the running of the Academy ”.

(5) For the heading substitute “ Transfer schemes: other property, rights and liabilities ”.

Academies: other provisions

Academies: new and expanded educational institutions

60

(1) For section 9 of AA 2010 (impact: additional schools) substitute—

(9) (1) This section applies if the Secretary of State is deciding whether to enter into Academy arrangements in relation to— (a) a new educational institution, or (b) an existing educational institution that, if the arrangements are entered into, will provide education for pupils of a wider range of ages. (2) The Secretary of State must take into account what the impact of entering into the arrangements would be likely to be on maintained schools, Academies, institutions within the further education sector and alternative provision in the area in which the institution is proposed to be, or is, situated. (3) An educational institution is not new for the purposes of this section if— (a) it replaces one or more maintained schools, Academies or sixth form colleges that have been or are to be discontinued, and (b) it provides education for persons of the same range of ages as the institution it replaces (or, as the case may be, the institutions it replaces, taken together). (4) “Alternative provision” means educational provision for which a local authority has made arrangements under section 19 of EA 1996 (exceptional provision of education in pupil referral units or elsewhere).

(2) For section 10 of AA 2010 (consultation: additional schools) substitute—

(10) (1) This section applies before a person enters into Academy arrangements with the Secretary of State in relation to— (a) a new educational institution, other than a new educational institution that is the subject of proposals under section 7 of EIA 2006 (proposals to establish new school following invitation from local authority), or (b) an existing educational institution that, if the arrangements are entered into, will provide education for pupils of a wider range of ages. (2) The person must carry out a consultation on the question of whether the arrangements should be entered into. (3) The consultation must seek the views of such persons as the person carrying it out thinks appropriate. (4) Section 9(3) (when educational institution not new) applies for the purposes of this section.

Charges at boarding Academies

61

After section 10 of AA 2010 insert—

(10A) (1) This section applies where— (a) a registered pupil at an Academy is provided with board and lodging at the Academy, and (b) the local authority for the pupil's area is satisfied that either condition A or condition B is met. (2) Condition A is that education suitable to the pupil's age, ability and aptitude, and to any special educational needs the pupil may have, cannot otherwise be provided for the pupil. (3) Condition B is that payment of the full amount of the charges in respect of the board and lodging would involve financial hardship to the pupil's parent. (4) If the authority is satisfied that condition A is met, the authority must pay the full amount of the charges in respect of the board and lodging to the proprietor of the Academy. (5) If the authority is satisfied that condition B is met, the authority must pay to the proprietor of the Academy so much of the charges in respect of the board and lodging as, in the opinion of the authority, is needed to avoid financial hardship to the pupil's parent. (6) The proprietor of the Academy must remit the charges that would otherwise be payable by the pupil's parent, to the extent that it receives a payment from the local authority in respect of those charges under subsection (4) or (5).

Staff at Academies with religious character

62

(1) Part 5A of SSFA 1998 (employment of teachers at independent schools having a religious character) is amended as set out in subsections (2) and (3).

(2) In section 124A (employment of teachers at independent schools having a religious character), in subsection (1), at the end insert “ , other than an Academy to which section 124AA applies ”.

(3) After section 124A, insert—

(124AA) (1) This section applies if— (a) an Academy order has been made in respect of a foundation or voluntary controlled school which is designated by order under section 69(3) as a school having a religious character, (b) the school has been converted into an Academy (see section 4(3) of the Academies Act 2010), and (c) the Secretary of State has not made an order in respect of the school under subsection (2). (2) The Secretary of State may by order provide that this section does not apply to a school specified in the order. (3) Where there are more than two teachers at the Academy, the teachers must include persons who— (a) are selected for their fitness and competence to give religious education in accordance with the tenets of the religion or the religious denomination specified in relation to the Academy in the order under section 69(3) (as applied by section 6(8) of the Academies Act 2010), and (b) are specifically appointed to do so. A teacher employed or engaged at the Academy in pursuance of this subsection is a “reserved teacher”, and any other teacher at the Academy is a “non-reserved teacher”. (4) The number of reserved teachers in the Academy must not exceed one-fifth of the total number of teachers, including the principal (and for this purpose, where the total number of teachers is not a multiple of five, it is to be treated as if it were the next higher multiple of five). (5) In connection with the appointment of a person to be the principal of the Academy, in a case where the principal is not to be a reserved teacher, regard may be had to that person's ability and fitness to preserve and develop the religious character of the Academy. (6) Preference may be given, in connection with the appointment, promotion or remuneration of reserved teachers at the Academy, to persons— (a) whose religious opinions are in accordance with the tenets of the religion or the religious denomination specified in relation to the Academy in the order under section 69(3) (as applied by section 6(8) of the Academies Act 2010), or (b) who attend religious worship in accordance with those tenets, or (c) who give, or are willing to give, religious education at the Academy in accordance with those tenets. (7) Regard may be had, in connection with the termination of employment or engagement of any reserved teacher at the Academy, to any conduct on the part of the teacher which is incompatible with the precepts, or with the upholding of the tenets, of the religion or religious denomination specified in the order under section 69(3) (as applied by section 6(8) of the Academies Act 2010). (8) No person, other than a reserved teacher, is to be disqualified by reason of their religious opinions, or of their attending or omitting to attend religious worship— (a) from being a teacher at the Academy, or (b) from being employed or engaged for the purposes of the Academy otherwise than as a teacher. (9) A non-reserved teacher must not be required to give religious education. (10) A non-reserved teacher must not receive any less remuneration than any other non-reserved teacher, or be deprived of, or disqualified for, any promotion or other advantage available to other non-reserved teachers— (a) for the reason that the teacher gives, or does not give, religious education, or (b) for reasons related to the teacher's religious opinions or to the teacher's attending or omitting to attend religious worship.

(4) In consequence of the amendments made by subsections (2) and (3)—

(a) in the title to Part 5A of SSFA 1998, for “Employment of Teachers” substitute “ Teachers and Staff ”;

(b) in section 138 of SSFA 1998 (orders and regulations), in subsection (2)(a), after “111(3)(a)” insert “ , 124AA(2) ”;

(c) in paragraph 4 of Schedule 22 to the Equality Act 2010 (educational appointments etc based on religious belief), at the end insert—

(d) section 124AA(5) to (7) of that Act (religious considerations relating to certain teachers at Academies with religious character).

Academies: land

63

Schedule 14 (Academies: land) has effect.

Academy admissions arrangements: references to adjudicator

64

(1) Chapter 1 of Part 3 of SSFA 1998 (school admissions: admission arrangements) is amended as follows.

(2) In section 88 (admission authorities and admission arrangements)—

(a) in subsection (1), omit the “and” at the end of paragraph (a);

(b) in that subsection, at the end, insert

; and (c) in relation to an Academy, means the proprietor of the Academy.

;

(3) In section 88H (reference of objections to adjudicator), after subsection (1) insert—

(1A) This section also applies where admission arrangements for an Academy have been determined by the proprietor of an Academy under Academy arrangements.

(4) In section 88I (other functions of adjudicator relating to admission arrangements), in subsection (1)—

(a) after “determined” insert

— (a)

;

(b) at the end insert

, or (b) by an admission authority for an Academy.

(5) In section 88K (sections 88H and 88I: supplementary)—

(a) in subsection (4)(a), after “England” insert “ or an Academy ”;

(b) in subsection (5), for the words from “means” to the end substitute

means— (a) in relation to a maintained school, the requirements imposed by or under this Part as to the content of admission arrangements for maintained schools in England, and (b) in relation to an Academy, the requirements imposed by or under Academy arrangements as to the content of its admission arrangements.

Academies: minor amendments

65

Schedule 15 (Academies: minor amendments) has effect.

Part 7 — Post-16 education and training

Abolition of the Young People's Learning Agency for England

Abolition of the Young People’s Learning Agency for England

66

Sections 60 to 80 of, and Schedule 3 to, ASCLA 2009 (the Young People's Learning Agency for England) are repealed.

Abolition of the YPLA: consequential amendments

67

(1) Schedule 16 (abolition of the YPLA: consequential amendments) has effect.

(2) The Secretary of State may by order make further changes in consequence of section 66 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 YPLA: transfer schemes

68

Schedule 17 (schemes for the transfer of staff, property, rights and liabilities from the Young People's Learning Agency for England to other persons) has effect.

Apprenticeships

The apprenticeship offer

69

(1) ASCLA 2009 is amended as follows.

(2) After section 83 insert—

(83A) (1) The Chief Executive must secure the provision of proper facilities for apprenticeship training that is suitable to the requirements of persons who— (a) are within subsection (4), (5) or (6), and (b) have an apprenticeship opportunity. This is subject to section 83B (limit on scope of apprenticeship offer). (2) The duty imposed by subsection (1) is referred to in this section and section 83B as “the apprenticeship offer”. (3) An apprenticeship opportunity is an opportunity to— (a) enter into an apprenticeship agreement, (b) enter into any other contract of employment in connection with which training will be provided in accordance with an apprenticeship framework, or (c) undertake any other kind of working— (i) in relation to which alternative English completion conditions apply under section 1(5), and (ii) in connection with which training will be provided in accordance with an apprenticeship framework. (4) A person within this subsection is one who is over compulsory school age but under 19. (5) A person within this subsection is one who is not within subsection (4) and— (a) is a person aged under 21 towards whom a local authority in England has the duties provided for in section 23C of the Children Act 1989 (continuing functions in relation to certain formerly looked after children), or (b) is a person to whom section 23CA of that Act applies (further assistance for certain formerly looked after children aged under 25), in relation to whom a local authority in England is the responsible local authority (within the meaning of that section). (6) A person within this subsection is one who— (a) is not within subsection (4), and (b) is of a prescribed description. (7) If regulations under subsection (6)(b) describe a person by reference to an age or an age range, the age, or the upper age of the age range, must be less than 25. (8) Facilities are proper if they are— (a) of a quantity sufficient to meet the reasonable needs of individuals, and (b) of a quality adequate to meet those needs. (9) Section 83(2) and (3) (when apprenticeship training is suitable, and matters to which Chief Executive must have regard) apply for the purposes of the apprenticeship offer. (10) In complying with the apprenticeship offer the Chief Executive must make the best use of the Chief Executive's resources. (11) In this section “apprenticeship framework” has the meaning given by section 12. (12) The Secretary of State may by order amend this section for the purpose of changing the descriptions of persons to whom the apprenticeship offer applies. (83B) (1) The Chief Executive is not required by the apprenticeship offer to secure the provision of facilities for apprenticeship training at a particular level for a person who— (a) has already completed an English apprenticeship in relation to an apprenticeship framework at that level, or (b) holds an apprenticeship certificate at that level. (2) For the purposes of this section apprenticeship training is at a particular level if it might reasonably be expected to lead to the issue of an apprenticeship certificate at that level. (3) The following provisions of Chapter 1 of Part 1 apply for the purposes of this section— - section 1 (meaning of “completing an English apprenticeship”); - section 12 (meaning of apprenticeship framework and level of an apprenticeship framework). (4) In this section “apprenticeship certificate” means an apprenticeship certificate issued under section 3 or 4. (5) A reference in this section to an apprenticeship certificate at any level includes a reference to a certificate or other evidence (including a certificate awarded or evidence provided by a person outside England) which appears to the Chief Executive to be evidence of experience and attainment at a comparable or higher level.

(3) Schedule 18 (consequential amendments) has effect.

Securing the provision of apprenticeship training

70

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

Apprenticeship certificates

71

(1) ASCLA 2009 is amended as follows.

(2) In section 5 (issue of certificates by the English certifying authority: supplementary), in subsection (3), for the words from “the English certifying authority” to the end substitute “ a person supplying a copy of an apprenticeship certificate to charge a fee for doing so. ”

(3) For section 6 (apprenticeship certificates: the English certifying authority) substitute—

(6) (1) In this Chapter, the “English certifying authority”, in relation to an apprenticeship certificate of any description, means— (a) the person (if any) designated by the Secretary of State under this section to issue apprenticeship certificates of that description; (b) if there is no-one within paragraph (a), the person (if any) designated by the Secretary of State under this section to issue apprenticeship certificates generally; (c) if there is no-one within paragraph (a) or (b), the Secretary of State. (2) The power conferred by subsection (1)(a) must be exercised so as to secure that, at any time, only one person is designated to issue apprenticeship certificates relating to a particular apprenticeship sector. (3) A person designated under this section to issue apprenticeship certificates must, in exercising functions under this Chapter— (a) comply with directions given by the Secretary of State, and (b) have regard to guidance given by the Secretary of State. (4) A designation under this section may be amended or revoked by the Secretary of State.

(4) In section 39(1) (interpretation of Chapter 1 of Part 1) for the definition of “English certifying authority” substitute—

“English certifying authority”, in relation to an apprenticeship certificate of any description, has the meaning given by section 6(1);

The Chief Executive of Skills Funding

Consultation by Chief Executive of Skills Funding

72

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

Functions of the Chief Executive of Skills Funding

73

(1) Part 4 of ASCLA 2009 (the Chief Executive of Skills Funding) is amended as follows.

(2) In section 88 (learning aims for persons aged 19 or over: payment of tuition fees)—

(a) in subsection (1), for “paragraph 1” substitute “ paragraph 1(a) or (b) ”;

(b) after subsection (2), insert—

(2A) Functions under this Part must be exercised by the Chief Executive so as to secure that a course of study for a qualification to which paragraph 1(c) of Schedule 5 applies is free to a person falling within subsection (4) if it is provided for the person by virtue of facilities whose provision is secured under section 87.

;

(3) Sections 112 to 114 (Secretary of State's power to specify bodies to formulate strategy for the Chief Executive) are repealed.

Raising the participation age: commencement

Duty to participate in education or training: commencement

74

In section 173 of ESA 2008 (commencement), for subsections (9) and (10) substitute—

(9) An order under subsection (4) may provide for the following provisions to come into force with the substitution of “ the first anniversary of the date on which the person ceased to be of compulsory school age ” for “the age of 18” (a) section 1(b) (persons to whom Part 1 applies); (b) section 29(1)(b) (employer to enable participation in education or training: extension for persons reaching 18). (10) The Secretary of State must— (a) exercise the powers conferred by subsections (4) and (9) so as to secure that sections 1 to 10 are in force with the substitution in section 1(b) mentioned in subsection (9) no later than the day after the day which is the school leaving date for 2013, and (b) exercise the power conferred by subsection (4) so as to secure that sections 1 to 10 are in force without that substitution no later than the day after the day which is the school leaving date for 2015, subject, in each case, to any provision made by virtue of subsection (8).

Part 8 — Direct payments

Direct payments: persons with special educational needs or subject to learning difficulty assessment

75

(1) In Chapter 2 of Part 9 of EA 1996 (ancillary functions of local authorities) after section 532 insert—

(532A) (1) A local authority in England may make a payment (a “direct payment”) for the purpose of securing the provision of any goods and services mentioned in subsection (2) to a person (“the beneficiary”)— (a) for whom the authority maintain a statement of special educational needs under section 324, or (b) who is subject to learning difficulty assessment by the authority. This power is subject to subsection (3). (2) The goods and services referred to in subsection (1) are— (a) where the beneficiary is within subsection (1)(a), special educational provision specified in the statement of special educational needs; (b) where the beneficiary is within subsection (1)(b) and the authority have arranged for an assessment to be conducted under section 139A of the Learning and Skills Act 2000, provision identified in the assessment as required to meet the beneficiary's educational and training needs; (c) transport or anything else that may be the subject of arrangements under section 508B(1), 508F(1) or 509AA(7)(b) that apply in relation to the beneficiary. (3) A direct payment may be made only in accordance with a pilot scheme made under section 532B. (532B) (1) The Secretary of State may by order make pilot schemes in accordance with which direct payments may be made under section 532A. (2) Subject to the following provisions of this section, a pilot scheme may include such provision as the Secretary of State thinks appropriate. (3) A pilot scheme must include provision about— (a) circumstances in which, and the descriptions of goods and services in respect of which, direct payments may (or may not) be made; (b) descriptions of persons to or in respect of whom direct payments may (or may not) be made; (c) conditions with which a local authority must comply before, after or at the time of making a direct payment; (d) conditions with which a person to or in respect of whom a direct payment is or may be made may be required by a local authority to comply before, after or at the time the payment is made; (e) the principles by reference to which the amount of a direct payment is to be calculated; (f) circumstances in which a local authority may or must stop making direct payments; (g) circumstances in which a local authority may or must require all or part of a direct payment to be repaid, by the person to whom the payment is made or otherwise; (h) the monitoring of the making of direct payments, of their use by the persons to whom they are made or of the goods and services they are used to secure; (i) the arrangements to be made by a local authority for providing persons to or in respect of whom direct payments are made with information, advice or support in connection with direct payments; (j) treating such support to any extent as goods or services in respect of which direct payments may be made. (4) The conditions referred to in subsection (3)(c)— (a) must include a requirement to obtain the written consent of the person to whom a direct payment is to be made before making the payment; (b) may include a requirement to obtain the written consent of one or more other persons before making a direct payment. (5) The circumstances referred to in subsection (3)(f) in which a local authority must stop making direct payments must include where the consent required by virtue of subsection (4)(a), or any consent required by virtue of subsection (4)(b), is withdrawn. (6) A pilot scheme must include provision for a sum required to be repaid to a local authority by virtue of the scheme to be recoverable as a debt due to the authority. (7) A pilot scheme may provide for paid-for goods and services to be treated as goods and services provided or arranged by a local authority in pursuance of a statutory duty specified in the scheme. (8) A pilot scheme may provide for paid-for goods and services to be treated in that way— (a) to the extent set out in the scheme, and (b) subject to any conditions set out in the scheme. (9) The only statutory duties that may be specified are— (a) section 324(5)(a)(i) (duty to arrange special educational provision specified in statement of special educational needs); (b) section 508B(1) (duty to make travel arrangements for eligible children); (c) section 508F(1) (duty to make arrangements for provision of transport etc for adult learners); (d) section 509AA(7)(b) (duty to make, and secure that effect is given to, arrangements for provision of transport etc for persons of sixth form age). (10) “Paid-for goods and services” are goods and services acquired by means of a direct payment. (532C) (1) An order under section 532B(1) making a pilot scheme must specify— (a) the local authorities in respect of which the scheme operates, and (b) the period for which the scheme has effect. (2) The period specified under subsection (1)(b) must not exceed two years, subject to subsection (3). (3) An order under section 532B(1) may extend the period for which a pilot scheme has effect, subject to subsection (4). (4) The period for which a pilot scheme has effect may not be extended so as to end after the end of the relevant four year period. (5) “The relevant four year period” is the period of four years beginning with the day on which the Education Act 2011 is passed.

(2) In section 568 of EA 1996 (orders)—

(a) in subsection (3), after “other than” insert “ an order to which subsection (3A) applies or ”;

(b) after subsection (3) insert—

(3A) A statutory instrument which contains (alone or with other provision) an order under section 532B(1) (direct payments: pilot schemes) 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) The provisions inserted into EA 1996 by subsections (1) and (2) are repealed at the end of four years beginning with the day on which this Act is passed.

Part 9 — Student finance

Student loans: interest rates

76

(1) In section 22 of THEA 1998 (financial support for students), in subsection (4) (interest rates on loans), for paragraph (a) (but not the “and” after it) substitute—

(a) the rates prescribed by regulations made in pursuance of subsection (3)(a) must be— (i) lower than those prevailing on the market, or (ii) no higher than those prevailing on the market, where the other terms on which such loans are provided are more favourable to borrowers than those prevailing on the market;

(2) In consequence of subsection (1)—

(a) in section 22 of THEA 1998, omit subsections (8) and (9);

(b) in section 2 of the Sale of Student Loans Act 2008 (sale of student loans: supplemental), in subsection (5), omit paragraph (d) (but not the “and” after it).

(3) This section applies in relation to a student who begins a course on or after 1 September 2012, except in such circumstances as may be prescribed.

(4) In subsection (3) “prescribed”—

(a) in relation to England, means prescribed by regulations made by the Secretary of State;

(b) in relation to Wales, means prescribed by regulations made by the Welsh Ministers.

Limit on student fees: part-time courses

77

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

Part 10 — General

Orders and regulations

78

(1) A power to make an order or regulations under this Act is exercisable by statutory instrument.

(2) A power to make an order or regulations under this Act (except a power conferred by section 82) includes power—

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

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

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.

This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence. legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.