Part IE+W Assisted places scheme

F11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Part IIU.K. School discipline

Responsibility for disciplineU.K.

F22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

F33. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Power to restrain pupilsU.K.

F44 Power of members of staff to restrain pupils.U.K.

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

DetentionU.K.

F55 Detention outside school hours lawful despite absence of parental consent.U.K.

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

Exclusion of pupils from schoolU.K.

F66. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

F77. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

F88. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

LEA plansU.K.

F99 LEA plans relating to children with behavioural difficulties.U.K.

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

Part IIIU.K. School admissions

Chapter IU.K. County and voluntary schools

Partially-selective schoolsU.K.

F1010. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Children permanently excluded from two or more schoolsE+W

F1111. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

F1212. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Chapter IIU.K. Grant-maintained schools

F1414. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Part IVU.K. Baseline assessments and pupils’ performance

F15F15Chapter IE+W

15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Chapter IIU.K. Pupils’ performance

19 School performance targets.E+W

(1)The Secretary of State may by regulations make such provision as the Secretary of State considers appropriate for requiring the governing bodies of maintained schools to secure that annual targets are set in respect of the performance of pupils—

(a)in public examinations or in assessments for the purposes of the National Curriculum, in the case of pupils of compulsory school age; or

(b)in public examinations or in connection with the attainment of other external qualifications, in the case of pupils of any age over that age.

(2)Regulations under this section may require—

(a)such targets, and

(b)the past performance of pupils in the particular examinations or assessments, or in connection with the attainment of the particular qualifications, to which such targets relate,

to be published in such manner as is specified in the regulations.

[F22(3)In this section “maintained school” means—

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

(b)a community or foundation special school (other than one established in a hospital).]

20 Provision of information about individual pupils’ performance.E+W

After section 537 of the M1Education Act 1996 there shall be inserted—

“537A Provision of information about individual pupils’ performance.

(1)The Secretary of State may by regulations make provision requiring—

(a)the governing body of every school which is—

(i)maintained by a local education authority, or

(ii)a grant-maintained school, or

(iii)a special school which is not maintained by a local education authority, and

(b)the proprietor of each independent school,

to provide to the Secretary of State such individual performance information relating to pupils or former pupils at the school as may be prescribed.

(2)In this section “individual performance information” means information about the performance of individual pupils (identified in the prescribed manner)—

(a)in any assessment made for the purposes of the National Curriculum or in accordance with a baseline assessment scheme (within the meaning of Chapter I of Part IV of the Education Act 1997);

(b)in any prescribed public examination;

(c)in connection with the attainment of any vocational qualification; or

(d)in any such other assessment or examination, or in connection with the attainment of any such other qualification, as may be prescribed.

(3)The Secretary of State may provide any information received by him by virtue of subsection (1)—

(a)to any prescribed body or person, or

(b)to any body or person falling within a prescribed category.

(4)Any body or person holding any individual performance information may provide that information to any body to which this subsection applies; and any body to which this subsection applies—

(a)may provide any information received by it under this subsection—

(i)to the Secretary of State, or

(ii)to the governing body or proprietor of the school attended by the pupil or pupils to whom the information relates; and

(b)may, at such times as the Secretary of State may determine, provide to any prescribed body such information received by it under this subsection as may be prescribed.

(5)Subsection (4) applies to any body which, for the purposes of or in connection with the functions of the Secretary of State relating to education, is responsible for collating or checking information relating to the performance of pupils—

(a)in any assessment or examination falling within subsection (2)(a), (b) or (d), or

(b)in connection with the attainment of any qualification falling within subsection (2)(c) or (d).

(6)No individual performance information received under or by virtue of this section shall be published in any form which includes the name of the pupil or pupils to whom it relates.

(7)References in this section to the attainment of a qualification of any description include references to the completion of any module or part of a course leading to any such qualification.”

Part VU.K. Supervision of curriculum for schools and external qualifications

Chapter IE+W+N.I. The Qualifications and Curriculum Authority

Establishment of the AuthorityE+W+N.I.

21 The Qualifications and Curriculum Authority.E+W+N.I.

(1)There shall be a body corporate known as the Qualifications and Curriculum Authority.

(2)The Authority shall consist of not less than 8 nor more than 13 members appointed by the Secretary of State.

(3)Of the members of the Authority, the Secretary of State—

(a)shall appoint one as chairman, and

(b)may appoint another as deputy chairman.

(4)The Secretary of State shall include among the members of the Authority—

(a)persons who appear to him to have experience of, and to have shown capacity in, the provision of education, or to have held, and to have shown capacity in, any position carrying responsibility for the provision of education;

(b)persons who appear to him to have experience of, and to have shown capacity in, the provision of training or to have held, and to have shown capacity in, any position carrying responsibility for the provision of training; and

(c)persons who appear to him to have experience of, and to have shown capacity in, industrial, commercial or financial matters or the practice of any profession.

(5)Schedule 4 has effect in relation to the Authority.

Functions of the AuthorityE+W+N.I.

22 General function of Authority to advance education and training.E+W+N.I.

(1)The functions conferred on the Qualifications and Curriculum Authority by this Part shall be exercised by the Authority for the purpose of advancing education and training in England and (so far as such functions are exercisable there) in Wales and in Northern Ireland.

(2)The Authority shall exercise their functions under this Part with a view to promoting quality and coherence in education and training in relation to which they have functions under this Part.

23 Functions of the Authority in relation to curriculum and assessment.E+W

(1)The Qualifications and Curriculum Authority shall have the functions set out in subsection (2) [F23 with respect to—

(a)pupils at maintained schools in England who have not ceased to be of compulsory school age,

(b)pupils at maintained nursery schools in England, F24...

F24(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

(2)The functions are—

(a)to keep under review all aspects of the curriculum for [F25maintained schools or maintained nursery schools] and all aspects of school examinations and assessment;

(b)to advise the Secretary of State on such matters concerned with the curriculum for such schools or with school examinations and assessment as he may refer to them or as they may see fit;

(c)to advise the Secretary of State on, and if so requested by him assist him to carry out, programmes of research and development for purposes connected with the curriculum for such schools or with school examinations and assessment;

(d)to publish and disseminate, and assist in the publication and dissemination of, information relating to the curriculum for such schools or to school examinations and assessment;

(e)to make arrangements with appropriate bodies for auditing the quality of assessments made in pursuance of assessment arrangements; F26. . .

(f)F26. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F27(2ZA)If the Secretary of State so provides by order, the Qualifications and Curriculum Authority shall also have—

(a)such additional functions as may be specified in the order with respect to pupils falling within subsection (1)(a) or (b) who are young children, and

(b)such functions as may be specified in the order with respect to children not falling within subsection (1)(a) or (b) for whom early years provision is provided in England by early years providers to whom section 40 of the Childcare Act 2006 (duty to implement Early Years Foundation Stage) applies.

(2ZB)Before making an order under subsection (2ZA), the Secretary of State shall consult the Qualifications and Curriculum Authority.]

F28(2A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F29(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F29(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)In this section—

• “assessment” includes examination and test;

• [F30“early years provider” and “early years provision” have the same meaning as in Part 3 of the Childcare Act 2006;]

• “maintained school” means—

  (a)

  [F31any community, foundation or voluntary school, and

  (b)

  any community or foundation special school.]

• [F32“young children” has the same meaning as in Part 3 of the Childcare Act 2006.]

24 Functions of the Authority in relation to external vocational and academic qualifications.E+W+N.I.

(1)The Qualifications and Curriculum Authority shall have, in relation to England, the functions set out in subsection (2) with respect to external qualifications.

(2)The functions are—

(a)to keep under review all aspects of such qualifications;

(b)to advise the Secretary of State on such matters concerned with such qualifications as he may refer to them or as they may see fit;

(c)to advise the Secretary of State on, and if so requested by him assist him to carry out, programmes of research and development for purposes connected with such qualifications;

(d)to provide support and advice to persons providing courses leading to such qualifications with a view to establishing and maintaining high standards in the provision of such courses;

(e)to publish and disseminate, and assist in the publication and dissemination of, information relating to such qualifications;

[F33(ea)to develop and publish criteria for the recognition of persons who, as outside persons, award or authenticate such qualifications or credits in respect of components of such qualifications;

(eb)to recognise, where they meet such criteria, any such persons who apply to be recognised;

(f)to develop and publish criteria for the accreditation of such qualifications where they are awarded or authenticated by persons recognised under paragraph (eb);]

(g)to accredit, where they meet such criteria, any such qualifications submitted for accreditation;

[F34(gg)to make arrangements (whether or not with others) for the development, setting or administration of tests or tasks which fall to be undertaken with a view to obtaining such qualifications and which fall within a prescribed description.]

[F35(2A)In paragraph (f) of subsection (2) “criteria” includes criteria that are to be applied for the purpose of ensuring that the number of different accredited qualifications in similar subject areas or serving similar functions is not excessive; and paragraph (g) of that subsection is to be construed accordingly.]

F36(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)The functions set out in subsection (2)(a) to (g) shall also be exercisable by the Qualifications and Curriculum Authority in relation to Northern Ireland but only with respect to National Vocational Qualifications.

(5)Subsection (2)(a) to (e) do not apply to qualifications awarded or authenticated by institutions within the higher education sector other than those which have been submitted for accreditation under subsection (2)(g).

(6)In this section “external qualification” means—

(a)any academic or vocational qualification authenticated or awarded by an outside person, except an academic qualification at first degree level or any comparable or higher level; or

(b)(whether within paragraph (a) or not) any National Vocational Qualification.

(7)For the purposes of this section—

(a)a qualification [F37or a credit in respect of a component of a qualification] is awarded by an outside person if the course of education or training leading to the qualification [F37or component] is provided by an institution or an employer and it is awarded by a person other than the institution or employer or a member of its or his staff; and

(b)a qualification [F38or a credit in respect of a component of a qualification] is authenticated by an outside person if it is awarded by an institution or employer and is authenticated by a person other than the institution or employer or a member of its or his staff.

25 Other functions of the Authority.E+W

(1)The Qualifications and Curriculum Authority shall advise the Secretary of State on such matters connected with the provision of education or training in England as the Secretary of State may specify by order.

(2)The Authority shall carry out such ancillary activities as the Secretary of State may direct.

(3)For the purposes of subsection (2) activities are ancillary activities in relation to the Authority if the Secretary of State considers it is appropriate for the Authority to carry out those activities for the purposes of or in connection with the carrying out by the Authority of any of their other functions under this Part.

(4)The Authority shall supply the Secretary of State with such reports and other information with respect to the carrying out of their functions as the Secretary of State may require.

[F39(5)The Authority may supply any person designated by the Secretary of State with such information as the Authority thinks fit about any matter in relation to which it has a function.]

26 Supplementary provisions relating to discharge by Authority of their functions.E+W+N.I.

(1)In carrying out their functions under this Part the Qualifications and Curriculum Authority shall—

(a)comply with any directions given by the Secretary of State; and

(b)act in accordance with any plans approved by him; and

(c)so far as relevant, have regard to—

(i)the requirements of [F40section 78 of the Education Act 2002] (general duties in respect of curriculum),

(ii)the requirements of industry, commerce, finance and the professions regarding education and training (including required standards of practical competence), and

(iii)the requirements of persons with special learning needs.

(2)In carrying out those functions the Authority shall in addition have regard to information supplied to them by [F41Her Majesty's Chief Inspector of Education, Children's Services and Skills] or by any body designated by the Secretary of State for the purposes of this section.

(3)Where in carrying out any of their functions under this Part the Authority [F42recognise any person or] accredit F43... any qualification, they may do so on such terms (including terms as to payment) F43... as they may determine.

[F44(3A)Where in carrying out those functions the Authority [F45recognise any person or] accredit any qualification, they may, at the time of [F46recognition or of] accreditation or later, impose such conditions on [F47recognition or] accreditation or continued [F48recognition or] accreditation as they may determine.]

(4)Those conditions may in particular include conditions—

(a)placing a limit on the amount of the fee that can be demanded in respect of any award or authentication of the qualification in question; and

[F49(b)requiring rights of entry to premises and to inspect and copy documents so far as necessary for the Authority—

(i)to satisfy themselves that the appropriate standards are being [F50maintained by the recognised person in question in relation to the award or authentication of qualifications generally or in relation to the award or authentication of the qualification in question], or

(ii)to determine whether to impose a condition falling within paragraph (a) and if so what that condition should be.]

(5)Before exercising on any occasion their power to impose conditions falling within subsection (4)(a) the Authority shall obtain the consent of the Secretary of State as to such matters relating to the exercise of that power as he may determine.

(6)In this section “persons with special learning needs” means—

(a)children with special educational needs (as defined in section 312 of the M2Education Act 1996); or

(b)persons (other than children as so defined) who—

(i)have a significantly greater difficulty in learning than the majority of persons of their age, or

(ii)have a disability which either prevents or hinders them from making use of educational facilities of a kind generally provided for persons of their age.

[F5126A Power of Authority to give directionsE+W+N.I.

(1)If it appears to the Qualifications and Curriculum Authority—

(a)that any person (in this section referred to as “the awarding body”) who, either alone or jointly with others, awards or authenticates any qualification accredited by the Authority has failed or is likely to fail to comply with any condition subject to which the accreditation has effect, and

(b)that the failure—

(i)prejudices or would be likely to prejudice the proper award or authentication of the qualification, or

(ii)prejudices or would be likely to prejudice persons who might reasonably be expected to seek to obtain the qualification,

the Authority may direct the awarding body to take or refrain from taking specified steps with a view to securing compliance with the conditions subject to which the accreditation has effect.

(2)It shall be the duty of the awarding body to comply with any direction under this section.

(3)Any direction under this section is enforceable, on the application of the Qualifications and Curriculum Authority—

(a)in England and Wales, by a mandatory order, or

(b)in Northern Ireland, by an order of mandamus.]

Chapter IIU.K. [F52Functions of the National Assembly for Wales]

F53...E+W

F5427 The Qualifications, Curriculum and Assessment Authority for Wales.E+W

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

Functions of the [F55National Assembly for Wales] E+W

28 General function of [F56National Assembly for Wales] to advance education and training.E+W

(1)The functions conferred on the [F57National Assembly for Wales] by this Part shall be exercised by [F58the National Assembly for Wales] for the purpose of advancing education and training in Wales.

(2)[F59The National Assembly for Wales] shall exercise [F60its functions] under this Part with a view to promoting quality and coherence in education and training in relation to which [F61it has] functions under this Part.

29 Functions of the [F62National Assembly for Wales] in relation to curriculum and assessment.E+W

(1)[F63The National Assembly for Wales] shall have the functions set out in subsection (2) [F64 with respect to—

(a)pupils at maintained schools in Wales who have not ceased to be of compulsory school age,

(b)pupils at maintained nursery schools in Wales, and

(c)children for whom funded nursery education is provided in Wales otherwise than at a maintained school or maintained nursery school.]

(2)The functions are—

(a)to keep under review all aspects of the curriculum for [F65maintained schools or maintained nursery schools] and all aspects of school examinations and assessment;

F66(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F67(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)to publish and disseminate, and assist in the publication and dissemination of, information relating to the curriculum for such schools or to school examinations and assessment;

(e)to make arrangements with appropriate bodies for auditing the quality of assessments made in pursuance of assessment arrangements; F68. . .

(f)F68. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F69(2A)In subsection (2) references to the curriculum for a maintained nursery school include references to the curriculum for any funded nursery education provided asmentioned in subsection (1)(c); and references to assessment in schools include references to assessment in funded nursery education.]

(3)The Authority shall have, in relation to Wales, the function of developing learning goals and related materials for children who are [F70under compulsory school age.]

(4)The Authority shall have, in relation to Wales, the following functions in connection with baseline assessment schemes (within the meaning of Chapter I of Part IV), namely—

(a)if designated by the Secretary of State for the purpose, any function of a designated body under that Chapter; and

(b)any other function which may be conferred on the Authority by the Secretary of State.

(5)In this section “assessment” and “maintained school” have the same meaning as in section 23[F71; and “funded nursery education” has the meaning given by section 98 of the Education Act 2002;]

30 Functions of the [F72National Assembly for Wales] in relation to external vocational and academic qualifications.E+W

[F73(1)This section applies for the purposes of the following functions with respect to external qualifications in relation to Wales—

F74(a)to keep under review all aspects of such qualifications;

F74(b)to provide support and advice to persons providing courses leading to such qualifications with a view to establishing and maintaining high standards in the provision of such courses;

F74(c)to publish and disseminate, and assist in the publication and dissemination of, information relating to such qualifications;

[F75(ca)to develop and publish criteria for the recognition of persons who, as outside persons, award or authenticate such qualifications or credits in respect of components of such qualifications;

(cb)to recognise, where they meet such criteria, any such persons who apply to be recognised;

(d)to develop and publish criteria for the accreditation of such qualifications where they are awarded or authenticated by persons recognised under paragraph (cb);]

F74(e)to accredit, where they meet such criteria, any such qualifications submitted for accreditation;

[F76(ea)to develop and publish rules and procedures for dealing with the effect on the continued accreditation of such qualifications where any person awarding or authenticating them ceases to be recognised;]

F74(f)to make arrangements (whether or not with others) for the development, setting or administration of tests or tasks which fall to be undertaken with a view to obtaining such qualifications and which fall within a prescribed description.]

[F77(1A)In subsection (1) (d)— “criteria” includes criteria that are to be applied for the purpose of ensuring that the number of different accredited qualifications in similar subject areas or serving similar functions is not excessive; and paragraph (e) of that subsection is to be construed accordingly.]

[F78(1B)The following functions are exercisable solely by the Welsh Ministers—

(a)the functions set out in paragraphs (ca) and (cb) of subsection (1); and

(b)the functions set out in the other paragraphs of that subsection so far as they relate to external qualifications other than National Vocational Qualifications.

(1C)The functions set out in those other paragraphs so far as they relate to National Vocations Qualifications are exercisable as follows—

(a)the functions set out in paragraphs (a) to (c), (d) and (ea) of subsection (1) are exercisable concurrently by the Welsh Ministers and the Qualifications and Curriculum Authority; and

(b)the functions set out in paragraphs (e) and (f) of that subsection are exercisable solely by the Qualifications and Curriculum Authority.

(1D)Subsections (1B) and (1C) are subject to any exercise of the power conferred by subsection (2).]

[F79(2)The National Assembly for Wales may by order prescribe that—

(i)a function specified in subsection (1) which is for the time being exercisable solely by the Assembly shall be exercised concurrently by the Assembly and the Qualifications and Curriculum Authority;

(ii)such a function which is for the time being exercisable solely by the Qualifications and Curriculum Authority shall be exercised either concurrently by that Authority and the Assembly or solely by the Assembly;

(iii)such a function which is for the time being exercisable concurrently by the Qualifications and Curriculum Authority and the Assembly shall be exercised solely by the Assembly.]

[F80(3)The Authority shall have, in relation to Wales, the following functions with respect to external qualifications, namely—

(a)if designated by the Secretary of State for the purpose, to advise the Secretary of State on the exercise of his powers under section 37 (approval of external qualifications); and

(b)if designated by the Secretary of State for the purpose, to exercise any functions conferred on a designated body by regulations under that section.]

F81(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)In this section “external qualification” has the same meaning as in section 24.

[F82(6)Subsection (7) of section 24 (interpretation of references to the award or authentication by outside persons of external qualifications or credits in respect of components of them) applies for the purposes of this section as it applies for the purposes of that section.]

F8331 Other functions of the Authority.E+W

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

32 Supplementary provisions relating to discharge by [F84the National Assembly for Wales of its functions] .E+W

(1)In carrying out [F85its functions] under this Part [F86the National Assembly for Wales] shall—

F87(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F88(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)so far as relevant, have regard to—

(i)the requirements of [F89section 99 of the Education Act 2002] (general duties in respect of curriculum),

(ii)the requirements of industry, commerce, finance and the professions regarding education and training (including required standards of practical competence), and

(iii)the requirements of persons with special learning needs.

(2)In carrying out those functions [F90the National Assembly for Wales] shall in addition have regard to information supplied [F91to it] by [F92Her Majesty’s Chief Inspector of Education and Training in Wales or Prif Arolygydd Ei Mawrhydi dros Addysg a Hyfforddiant yng Nghymru] or by any body designated by the Secretary of State for the purposes of this section.

(3)Where in carrying out any of [F93its functions] under this Part [F94the Assembly [F95recognises any person or] accredits] F96... any qualification, [F97it may] do so on such terms (including terms as to payment) F96... as [F97it may] determine.

[F98(3A)Where in carrying out those functions [F99the National Assembly for Wales [F100recognises any person or] accredits] any qualification, [F101it may], at the time of [F102recognition or of] accreditation or later, impose such conditions on [F103recognition or] accreditation or continued [F104recognition or] accreditation as [F101it may] determine.]

(4)Those conditions may in particular include conditions—

(a)placing a limit on the amount of the fee that can be demanded in respect of any award or authentication of the qualification in question; and

[F105(b)requiring rights of entry to premises and to inspect and copy documents so far as necessary for [F106the National Assembly for Wales] —

(i)to satisfy [F107itself] that the appropriate standards are being [F108maintained by the recognised person in question in relation to the award or authentication of qualifications generally or in relation to the award or authentication of the qualification in question], or

(ii)to determine whether to impose a condition falling within paragraph (a) and if so what that condition should be.]

[F109(4A)Where authorised to do so under paragraph 2(3) of Schedule 4, the National Assembly for Wales may act as agent for the Qualifications and Curriculum Authority in connection with the exercise of any of that Authority’s functions in relation to Wales.]

F110(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)In this section “persons with special learning needs” has the same meaning as in section 26.

[F11132A Power of Welsh Ministers to give directionsE+W

(1)If it appears to the Welsh Ministers—

(a)that any recognised person has failed or is likely to fail to comply with any condition subject to which the recognition has effect, and

(b)that the failure—

(i)prejudices or would be likely to prejudice the proper award or authentication by that person of any qualification accredited by them or by the Qualifications and Curriculum Authority, or

(ii)prejudices or would be likely to prejudice persons who might reasonably be expected to seek to obtain any such qualification awarded or authenticated by that person,

the Welsh Ministers may direct the recognised person to take or refrain from taking specified steps with a view to securing compliance with the conditions subject to which the recognition has effect.

(2)If it appears to the Welsh Ministers—

(a)that any recognised person who awards or authenticates any qualification accredited by them has failed or is likely to fail to comply with any condition subject to which the accreditation has effect, and

(b)that the failure—

(i)prejudices or would be likely to prejudice the proper award or authentication of the qualification, or

(ii)prejudices or would be likely to prejudice persons who might reasonably be expected to seek to obtain the qualification,

the Welsh Ministers may direct the recognised person to take or refrain from taking specified steps with a view to securing compliance with the conditions subject to which the accreditation has effect.

(3)It shall be the duty of the recognised person to comply with any direction under this section.

(4)Any direction under this section is enforceable, on the application of the Welsh Ministers, by a mandatory order.

(5)In this section “recognised person” means a person recognised by the Welsh Ministers.

(6)In this section any reference to the award or authentication of any qualification by any person is a reference to its award or authentication by any person alone or jointly with others.]

Chapter IIIE+W+N.I. Provisions supplementary to Chapters I and II

Dissolution of existing bodiesE+W

F11233 Dissolution of existing bodies.E+W

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

Transfer of property and staffE+W+N.I.

F11334 Transfer of property.E+W+N.I.

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

35 Transfer of staff.E+W+N.I.

(1)This section applies to any person who—

(a)is employed by the National Council for Vocational Qualifications (“the NCVQ”) or the School Curriculum and Assessment Authority (“the SCAA”) immediately before section 21 comes into force, and

(b)is designated as respects the Qualifications and Curriculum Authority F114... by order of the Secretary of State;

and in this section “the relevant Authority” means, in relation to any such person, [F115the Qualifications and Curriculum Authority].

(2)A contract of employment between a person to whom this section applies and the NCVQ or the SCAA shall have effect, from the day on which the order under subsection (1)(b) comes into force, as if originally made between him and the relevant Authority.

(3)Without prejudice to subsection (2)—

(a)all the rights, powers, duties and liabilities of the NCVQ or the SCAA under or in connection with a contract to which that subsection applies shall by virtue of that subsection be transferred to the relevant Authority on the day on which the order under subsection (1)(b) comes into force, and

(b)anything done before that day by or in relation to the NCVQ or the SCAA in respect of that contract or the employee shall be deemed from that day to have been done by or in relation to the relevant Authority.

(4)Subsections (2) and (3) are without prejudice to any right of an employee to terminate his contract of employment if his working conditions are changed substantially to his detriment; but such a change shall not be taken to have occurred by reason only of the change in employer effected by subsection (2).

(5)In subsection (4) the reference to an employee’s working conditions includes a reference to any rights (whether accrued or contingent) under any pension or superannuation scheme of which he was a member by virtue of his employment with the NCVQ or the SCAA (as the case may be).

(6)An order under subsection (1)(b) may designate a person either individually or as falling within a class or description of employee.

(7)No order under subsection (1)(b) may be made after the end of the period of six months beginning with the day on which section 21 comes into force.

(8)Any order under subsection (1)(b) made before the day on which section 21 comes into force shall come into force on that day.

(9)The Secretary of State may by order provide that there shall be substituted for the period mentioned in subsection (7) such shorter period as he may specify in the order, being a period ending no earlier than the day on which the order comes into force.

Levy on bodies awarding accredited qualificationsE+W+N.I.

36 Levy on bodies awarding qualifications accredited by relevant [F116body] .E+W+N.I.

(1)The Secretary of State may by regulations provide for a levy to be payable to the relevant [F117body] by persons who award vocational qualifications accredited by that [F117body] .

(2)Regulations under this section shall—

(a)specify the rate of the levy or the method by which it is to be calculated (and, without prejudice to the generality of section 54(3), may make different provision in relation to different cases);

(b)make provision as to the times when, and the manner in which, payments are to be made in respect of the levy;

(c)provide for the relevant [F118body] to withdraw their accreditation of a qualification in cases of non-payment of the levy.

(3)Any sums received by [F119the relevant body] in respect of the levy shall be applied by them in giving such financial assistance to other bodies as the Secretary of State may specify with a view to assisting [F120that relevant body] to secure the development and improvement of standards in relation to vocational qualifications.

(4)In this section “the [F121relevant body] ” means—

(a)the Qualifications and Curriculum Authority in the case of a qualification accredited by that Authority; and

(b)[F122the National Assembly for Wales] in the case of a qualification accredited by [F123the Assembly] .

Chapter IVU.K. Control of certain courses leading to external qualifications

F12437 Requirement for approval of certain publicly-funded and school courses leading to external qualifications.E+W

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

Part VIU.K. Inspection of local education authorities and school inspections

Chapter IU.K. Inspection of local education authorities

38 Inspection of LEAs.E+W

(1)The Chief Inspector—

(a)may, and

(b)if requested to do so by the Secretary of State, shall,

arrange for any local education authority to be inspected under this section.

F125(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F126(2A)An inspection of a local education authority in Wales under this section shall consist of a review of the way in which the authority are performing—

(a)any function conferred on them in their capacity as a local education authority; and

(b)the functions conferred on them under sections 25 and 26 [F127of the Children Act 2004] so far as relating to education, training or youth support services (within the meaning of section 123 of the Learning and Skills Act 2000).]

(3)A request by the Secretary of State under this section may relate to one or more local education authorities, and shall specify both—

(a)the local education authority or authorities concerned, and

(b)the functions of theirs to which the inspection is to relate.

(4)Before making any such request the Secretary of State shall consult the Chief Inspector as to the matters to be specified in the request in accordance with subsection (3).

(5)Any inspection under this section shall be conducted—

(a)by one of Her Majesty’s Inspectors of Schools in F128... Wales, or

(b)by any additional inspector authorised under F129... [F130paragraph 2 of Schedule 2 to [F131the Education Act 2005]];

but he may be assisted by such other persons (whether or not members of the Chief Inspector’s staff) as the Chief Inspector thinks fit.

(6)For the purposes of this section a local education authority shall provide the Chief Inspector with such information as may be prescribed, and shall do so in such form and—

(a)within such period following a request made by the Chief Inspector in any prescribed circumstances, or

(b)at such other times,

as regulations may provide.

(7)In this section and sections 39 to [F13241A] “the Chief Inspector” means—

F133(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)in relation to a local education authority in Wales, [F134Her Majesty’s Chief Inspector of Education and Training in Wales or Prif Arolygydd Ei Mawrhydi dros Addysg a Hyfforddiant yng Nghymru];

and in those sections references to “the inspector” in relation to an inspection under this section are references to the person conducting the inspection.

39 Reports of inspections under s. 38 and action plan by LEA.E+W

(1)Where an inspection under section 38 has been completed, the inspector shall make a written report on the matters reviewed in the course of the inspection, and shall send copies of the report to—

(a)any local education authority to which the inspection relates; and

(b)the Secretary of State.

(2)Where a local education authority receive a copy of a report under this section, they shall prepare a written statement of the action which they propose to take in the light of the report and the period within which they propose to take it.

(3)The authority shall publish—

(a)the report, and

(b)the statement prepared under subsection (2),

within such period, and in such manner, as may be prescribed.

(4)The Chief Inspector may arrange for any report under this section to be published in such manner as he considers appropriate[F135; and F136... [F137section 29(2) to (4) of [F138the Education Act 2005]] shall apply in relation to the publication of any such report as they apply in relation to the publication of a report under any of the provisions mentioned in F139... [F140section 29(2)].]

[F14140 Inspector’s rights of entry etc.E+W

(1)This section applies where a local education authority are inspected under section 38.

(2)The inspector, and any person assisting him, shall have at all reasonable times a right of entry to—

(a)the premises of the local education authority,

(b)the premises of any school maintained by the authority, and

(c)any other premises at which relevant section 19 education is provided, other than premises which are or form part of a private dwelling house but are not a school.

(3)The inspector, and any person assisting him, shall also have at all reasonable times a right to inspect and take copies of—

(a)any records kept by, and any other documents containing information relating to, the local education authority or any school maintained by the authority, and

(b)any records kept by a person who provides relevant section 19 education that relate to the provision of that education, and any other documents containing information that so relates;

which he considers relevant to the exercise of his functions.

(4)[F142Section 58 of the Education Act 2005] (inspection of computer records) shall apply for the purposes of subsection (3) as it applies for the purposes of Part 1 of that Act.

(5)Without prejudice to subsections (2) and (3), the local education authority and the governing body of any school maintained by the authority—

(a)shall give the inspector and any person assisting him, all assistance in connection with the exercise of his functions which they are reasonably able to give, and

(b)shall secure that all such assistance is also given by persons who work at the school.

(6)It shall be an offence wilfully to obstruct the inspector or any person assisting him in the exercise of his functions in relation to the inspection.

(7)A person guilty of an offence under subsection (6) shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(8)In this section—

• “document” and “records” each include information recorded in any form; and

• “relevant section 19 education” means education provided to a child by virtue of arrangements made by the local education authority under section 19 of the Education Act 1996 (exceptional provision of education at schools or otherwise).]

F14341 Inspections involving collaboration of Audit Commission.E+W

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

[F14441AInspections involving collaboration of Auditor General for WalesU.K.

(1)If requested to do so by the Chief Inspector, the Auditor General for Wales may assist with any inspection under section 38 of a local education authority in Wales; and subsections (2) to (5) below have effect where the Auditor General for Wales assists with any such inspection.

(2)Section 40 shall apply to the Auditor General for Wales and to any authorised person as it applies to the inspector.

(3)Any information obtained by virtue of section 40 by a person falling within one of the categories mentioned in subsection (4) may be disclosed for the purposes of the inspection, or the preparation or making of the report under section 39(1), to a person falling within the other category.

(4)Those categories are—

(a)the Auditor General for Wales and any authorised person; and

(b)the inspector and any person assisting him.

(5)Any report prepared under section 39(1) shall be prepared by the inspector acting in conjunction with the Auditor General for Wales.

(6)The Auditor General for Wales shall not provide assistance under this section unless, before he does so, the Chief Inspector has agreed to pay the Auditor General for Wales an amount equal to the full costs incurred by the Auditor General for Wales in providing the assistance.

(7)In this section “authorised person” means a person authorised by the Auditor General for Wales for the purposes of this section.]

Chapter IIU.K. School Inspections

F14542 Miscellaneous amendments relating to school inspections.E+W

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

Part VIIU.K. Careers education and guidance

43 Provision of careers education in schools.E+W

(1)All registered pupils at a school to which this section applies must be provided, during the relevant phase of their education, with a programme of careers education.

(2)This section applies to—

[F146(a)community, foundation and voluntary schools;]

F147(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F148(c)community or foundation special schools (other than those established in hospitals);]

(d)city technology colleges [F149, city colleges for the technology of the arts and [F150Academies]]; and

(e)pupil referral units.

[F151(2A)Subsection (2B) applies where, in the course of a programme of careers education provided, in pursuance of subsection (1), to registered pupils at a school in England falling within subsection (2)(a), (c) or (e), information or advice is given which—

(a)relates to any options available in respect of 16-18 education or training, or otherwise relates to the pursuit of particular careers (at any age), or

(b)relates to decisions or other steps to be taken in connection with any such options or careers.

(2B)Any such information must be presented in an impartial manner, and—

(a)any such advice must be advice which the person giving it considers will promote the best interests of the pupils concerned, and

(b)accordingly, in giving the advice, that person must not seek to promote, contrary to the pupils' best interests, the interests or aspirations of the school or of other persons or institutions.]

(3)It is the duty of each of the following to secure that subsection (1) [F152(and, where applicable, subsection (2B))] is complied with, namely—

(a)in the case of a school falling within subsection (2)(a) to (c), the governing body of the school and its head teacher,

(b)in the case of a school falling within subsection (2)(d), the proprietors of the school and its head teacher, and

(c)in the case of a pupil referral unit, the local education authority maintaining the unit and the teacher in charge of it.

(4)Each of sections 496 and 497 of the M3Education Act 1996 (default powers of Secretary of State) shall, in relation to the duty imposed by subsection (3) above, have effect as if any reference to a body to which that section applies included a reference to the proprietors of a school falling within subsection (2)(d) above.

(5)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 his class attain the age of 14; and

(b)ending with the expiry of the school year in which the majority of pupils in his class attain the age of 16.

(6)In this section—

• “career” includes the undertaking of any training, employment or occupation or any course of education;

• “careers education” means education designed to prepare persons for taking decisions about their careers and to help them implement such decisions;

• “class”, in relation to a particular pupil, means—

  (a)

  the teaching group in which he is regularly taught, or

  (b)

  if he 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.

• [F153“16-18 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”, in connection with registered pupils at schools in England, 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 such a pupil).]

44 Schools and other institutions to co-operate with careers advisers.E+W

(1)Where a careers adviser has responsibilities in relation to persons attending an educational institution to which this section applies, he shall on request be provided with—

(a)the name and address of every relevant pupil or student at the institution; and

(b)any information in the institution’s possession about any such pupil or student which the careers adviser needs in order to be able to provide him with advice and guidance on decisions about his career or with other information relevant to such decisions.

(2)If the registered address of a parent of any such pupil is different from the pupil’s registered address, subsection (1)(a) requires the parent’s address to be provided as well.

(3)Paragraph (a) or (as the case may be) paragraph (b) of subsection (1) does not, however, apply to any pupil or student to the extent that—

(a)(where he is under [F154the age of 16]) a parent of his, or

(b)(where he has attained that age) he himself,

has indicated that any information falling within that paragraph should not be provided to the careers adviser.

(4)Where a careers adviser has responsibilities in relation to persons attending an educational institution to which this section applies, he shall on request be permitted to have, in the case of any relevant pupil or student specified by him, access to that person—

(a)on the institution’s premises, and

(b)at a reasonable time agreed by or on behalf of the head teacher, principal or other head of the institution,

for the purpose of enabling him to provide that person with advice and guidance on decisions about his career and with any other information relevant to such decisions.

(5)Such access shall include an opportunity for the careers adviser to interview that person about his career, if he agrees to be so interviewed.

(6)Where a careers adviser has responsibilities in relation to persons attending an educational institution to which this section applies, he shall on request be permitted to have, in the case of any group of relevant pupils or students specified by him, access—

(a)to that group of persons in the manner specified in subsection (4)(a) and (b), and

(b)to such of the institution’s facilities as can conveniently be made available for his use,

for the purpose of enabling him to provide those persons with group sessions on any matters relating to careers or to advice or guidance about careers.

(7)Any request made for the purposes of subsection (1), (4) or (6) must be made in writing to the head teacher, principal or other head of the institution in question.

(8)This section applies to—

(a)the schools listed in section 43(2)(a) to (d); and

(b)institutions within the further education sector.

(9)It is the duty of each of the following to secure that subsections (1), (4) and (6) are complied with, namely—

(a)in the case of a school falling within section 43(2)(a) to (c) or an institution within the further education sector, the governing body of the school or institution and its head teacher, principal or other head, and

(b)in the case of a school falling within section 43(2)(d), the proprietors of the school and its head teacher;

and section 43(4) shall apply in relation to that duty as it applies in relation to the duty imposed by section 43(3).

(10)For the purposes of this section—

(a)a pupil at a school is a relevant pupil—

(i)at any time during the period which is the relevant phase of his education for the purposes of section 43, or

(ii)if he is over compulsory school age and receiving secondary education; and

(b)a person is a relevant student at an institution within the further education sector if he is receiving at the institution either—

(i)full-time education, or

(ii)part-time education of a description commonly undergone by persons in order to fit them for employment.

(11)For the purposes of this section—

(a)“careers adviser” means a person who is employed by a body providing services in pursuance of arrangements made or directions given under section 10 of the M4Employment and Training Act 1973 and who is acting, in the course of his employment by that body, for the purposes of the provision of any such services; and

(b)a careers adviser has responsibilities for any persons if his employment by that body includes the provision of any such services for them.

(12)In this section “career” has the same meaning as in section 43.

45 Provision of careers information at schools and other institutions.E+W

(1)Persons attending an educational institution to which this section applies must be provided with access to both—

(a)guidance materials, and

(b)a wide range of up-to-date reference materials,

relating to careers education and career opportunities.

(2)This section applies to—

(a)the schools listed in section 43(2)(a) to (d); and

(b)institutions within the further education sector

[F155and, in the case of any such school in England, the reference in subsection (1) to persons attending it is a reference to persons who are registered pupils there.]

[F156(2A)Subsection (2B) applies where registered pupils at a school in England falling within section 43(2)(a) or (c) are provided, in pursuance of subsection (1), with access to materials of the kinds mentioned in that subsection.

(2B)The materials, taken as a whole, must present the pupils with (so far as relevant to them) a full range of—

(a)options available in respect of 16-18 education or training, and

(b)other options available to them (at any age) in terms of career opportunities,

and must not unduly promote any particular options over any others.]

(3)It is the duty of each of the following to secure that subsection (1) [F157(and, where applicable, subsection (2B))] is complied with, namely—

(a)in the case of a school falling within section 43(2)(a) to (c) or an institution within the further education sector, the governing body of the school or institution and its head teacher, principal or other head, and

(b)in the case of a school falling within section 43(2)(d), the proprietors of the school and its head teacher;

and section 43(4) shall apply in relation to that duty as it applies in relation to the duty imposed by section 43(3).

(4)The persons who under subsection (3) above are responsible for discharging that duty in relation to an institution shall seek assistance with discharging it from a body providing services in pursuance of arrangements made or directions given under section 10 of the M5Employment and Training Act 1973.

(5)In this section “career” [F158“careers education” and “16-18 education or training”] have the same meaning as in section 43.

(6)Nothing in this section applies to any primary school.

[F15945AGuidance as to discharge of dutiesU.K.

(1)The persons responsible for discharging a relevant duty in relation to a school in England falling within section 43(2)(a), (c) or (e) must, in discharging the duty, have regard to any guidance given from time to time by the Secretary of State.

(2)A “relevant duty” means a duty under any of sections 43(3), 44(9) and 45(3).]

[F16045BProvision of curriculum informationE+W

(1)Subject to subsections (2) and (3), a service provider may demand from a person mentioned in subsection (6) such curriculum information as is specified in the demand.

(2)A service provider must not demand any curriculum information unless the provider reasonably considers that the information would assist it in providing its services.

(3)A service provider must not demand any curriculum information which identifies, or allows to be identified, any pupil or student.

(4)A person mentioned in subsection (6) must comply with a demand made under subsection (1) by providing the service provider with the information demanded.

(5)A service provider may publish in whatever form it sees fit any curriculum information provided under subsection (4).

(6)The persons referred to in subsection (1) are—

(a)the governing body and head teacher of a school in Wales falling within section 43(2)(a); and

(b)the governing body and principal of an institution within the further education sector in Wales.

(7)In this section—

• “curriculum information” means—

  (a)

  in relation to a school mentioned in subsection (6)(a), information about the curriculum for registered pupils at the school during the relevant phase of their education; and

  (b)

  in relation to an institution within the further education sector, information about the courses of study and other education and training available at the institution;

• “pupil” means, in relation to a school mentioned in subsection (6)(a), a person receiving education at the school;

• “relevant phase” has the same meaning as in section 43(5);

• “service provider” means a person providing services in pursuance of arrangements made with, or directions given by, the Welsh Ministers under section 10 of the Employment and Training Act 1973, and “services” shall be construed accordingly; and

• “student” means, in relation to an institution within the further education sector, a person receiving education at the institution.]

46 Extension or modification of provisions of ss. 43 to 45.E+W

(1)The Secretary of State may by regulations extend the scope of operation of section 43 or section 44 by substituting for the period specified in section 43(5) or section 44(10)(a)(i) such other period as is specified.

(2)The Secretary of State may by regulations make provision for extending the scope of operation of section 43, 44 or 45 to primary schools or to any specified description of such schools.

(3)The Secretary of State may by regulations make provision for requiring—

(a)the governing bodies of institutions within the further education sector, and

(b)the principals or other heads of such institutions,

to secure that a programme of careers education is provided for any specified description of persons attending such institutions.

(4)The Secretary of State may by regulations amend the definition of “careers adviser” set out in section 44(11)(a).

(5)In this section—

• “careers education” has the same meaning as in section 43;

• “specified” means specified in the regulations in question.

Part VIIIU.K. Miscellaneous and general

Exceptional educational provisionU.K.

47 Functions of LEAs as regards exceptional educational provision.E+W

(1)Section 19 of the M6Education Act 1996 (exceptional provision of education in pupil referral units or elsewhere) shall be amended as follows.

(2)In subsection (1) (duty of local education authority to make arrangements for provision of suitable full-time or part-time education, at school or otherwise, for excluded children etc.), the words “full-time or part-time” shall be omitted.

(3)In subsection (4) (power of local education authority to make arrangements for provision of suitable full-time or part-time education, otherwise than at school, for excluded young persons etc.), the words “full-time or part-time” shall be omitted.

(4)After that subsection there shall be inserted—

“(4A)In determining what arrangements to make under subsection (1) or (4) in the case of any child or young person a local education authority shall have regard to any guidance given from time to time by the Secretary of State.”

Management committees for pupil referral unitsU.K.

48 Management committees for pupil referral units.E+W

At the end of Schedule 1 to the Education Act 1996 (pupil referral units) there shall be added—

15(1)Regulations may make provision—

(a)for requiring any local education authority who maintain a pupil referral unit to establish a committee to act as the management committee for the unit; and

(b)for that committee to discharge on behalf of the authority such of their functions in connection with the unit as are delegated by them to the committee in accordance with the regulations.

(2)Regulations under this paragraph may in particular make provision—

(a)for enabling a local education authority to establish a joint committee to act as the management committee for two or more pupil referral units maintained by the authority;

(b)for requiring the approval of the Secretary of State to be obtained before any such joint committee is established;

(c)as to the composition of a management committee established under the regulations and—

(i)the appointment and removal of its members, and

(ii)their terms of office,

and in particular for requiring such a committee to include persons representing schools (including grant-maintained schools) situated in the area from which the unit or units in question may be expected to draw pupils;

(d)for requiring or (as the case may be) prohibiting the delegation by a local education authority to a management committee of such functions in connection with pupil referral units as are specified in the regulations;

(e)for authorising a management committee to establish sub-committees;

(f)for enabling (subject to any provisions of the regulations) a local education authority or a management committee to determine to any extent the committee’s procedure and that of any sub-committee;

(g)for limiting the personal liability of members of any such committee or sub-committee in respect of their acts or omissions as such members;

(h)for applying to any such committee or sub-committee, with or without modification—

(i)any provision of the Education Acts, or

(ii)any provision made by or under any other enactment and relating to committees or (as the case may be) sub-committees of a local authority.”

Teachers not under contract of employment and persons having access to those under 19U.K.

F16149 Power to make regulations: teachers not under contract of employment and persons having access to those under 19.E+W

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Costs of teachers’ premature retirementU.K.

F16250. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Definition of “school”U.K.

51 Definition of “school”.E+W

In section 4 of the Education Act 1996 (definition of “school”), for subsection (1) there shall be substituted—

“(1)In this Act “school” means an educational institution which is outside the further education sector and the higher education sector and is an institution for providing—

(a)primary education,

(b)secondary education, or

(c)both primary and secondary education,

whether or not the institution also provides part-time education suitable to the requirements of junior pupils or further education.”

Compulsory school ageU.K.

52 Commencement of compulsory school age.E+W

(1)Section 8 of the M7Education Act 1996 (compulsory school age) shall be amended in accordance with subsections (2) and (3).

(2)For subsection (2) there shall be substituted—

“(2)A person begins to be of compulsory school age—

(a)when he attains the age of five, if he attains that age on a prescribed day, and

(b)otherwise at the beginning of the prescribed day next following his attaining that age.”

(3)For subsection (4) there shall be substituted—

“(4)The Secretary of State may by order—

(a)provide that such days in the year as are specified in the order shall be, for each calendar year, prescribed days for the purposes of subsection (2);

(b)determine the day in any calendar year which is to be the school leaving date for that year.”

F163(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F163(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

General provisionsE+W+N.I.

53 Stamp duty.E+W+N.I.

(1)Subject to subsection (2), stamp duty shall not be chargeable in respect of any transfer effected by virtue of section 30 or 34.

(2)No instrument (other than a statutory instrument) made or executed in pursuance of either of the provisions mentioned in subsection (1) shall be treated as duly stamped unless it is stamped with the duty to which it would, but for this section (and, if applicable, section 129 of the M8Finance Act 1982), be liable or it has, in accordance with the provisions of section 12 of the M9Stamp Act 1891, been stamped with a particular stamp denoting that it is not chargeable with any duty or that it has been duly stamped.

[F16453A.Stamp duty land taxE+W+N.I.

(1)For the purposes of stamp duty land tax, a land transaction effected by virtue of section 30 is exempt from charge.

(2)Relief under this section must be claimed in a land transaction return or an amendment of such a return.

(3)In this paragraph—

• “land transaction” has the meaning given by section 43(1) of the Finance Act 2003;

• “land transaction return” has the meaning given by section 76(1) of that Act.]

54 Orders and regulations.E+W+N.I.

(1)Any power of the Secretary of State to make orders or regulations under this Act, except an order u.nder section 25 or 31, shall be exercised by statutory instrument.

(2)A statutory instrument containing any order or regulations under this Act, except an order under section 58, shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(3)Any order or regulations under this Act may make different provision for different cases, circumstances or areas and may contain such incidental, supplemental, saving or transitional provisions as the Secretary of State thinks fit.

(4)Without prejudice to the generality of subsection (3), any order or regulations under this Act may make in relation to Wales provision different from that made in relation to England.

55 Financial provisions.E+W

There shall be paid out of money provided by Parliament—

(a)any sums required for the payment by the Secretary of State of grants under this Act;

(b)any administrative expenses incurred by the Secretary of State in consequence of this Act; and

(c)any increase attributable to this Act in the sums so payable under any other Act.

56 Construction.E+W

(1)In this Act—

• “prescribed” means prescribed by regulations; and

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

(2)This Act shall be construed as one with the M10Education Act 1996.

(3)Where, however, an expression is given for the purposes of any provision of this Act a meaning different from that given to it for the purposes of that Act, the meaning given for the purposes of that provision shall apply instead of the one given for the purposes of that Act.

57 Minor and consequential amendments, repeals etc.E+W

(1)The minor and consequential amendments set out in Schedule 7 shall have effect.

F165(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F166(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)The enactments specified in Schedule 8 are repealed to the extent specified.

58 Short title, commencement and extent etc.E+W+N.I.

(1)This Act may be cited as the Education Act 1997.

(2)This Act shall be included in the list of Education Acts set out in section 578 of the M11Education Act 1996.

(3)Subject to subsection (4), this Act shall come into force on such day as the Secretary of State may by order appoint, and different days may be appointed for different provisions and for different purposes.

(4)The following provisions come into force on the day on which this Act is passed—

• F167. . .

• section 54,

• paragraph 48(2) of Schedule 7 and section 57(1) so far as relating thereto, and

• this section.

(5)Subject to subsections (6) and (7), this Act extends to England and Wales only.

(6)The following provisions extend to Northern Ireland—

• sections 21 and 22,

• section 24(4),

• [F168sections 26 and 26A],

• sections 34 to 36,

• section 53,

• section 54,

• this section, and

• Schedule 4.

(7)The amendment or repeal by this Act of an enactment extending to Scotland or Northern Ireland extends also to Scotland or, as the case may be, Northern Ireland.

SCHEDULES

F169SCHEDULE 1E+W

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

F170SCHEDULE 2E+W

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F171SCHEDULE 3E+W

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

Section 21.

SCHEDULE 4E+W+N.I. The Qualifications and Curriculum Authority

StatusE+W+N.I.

1E+W+N.I.The Authority shall not be regarded as a servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown; and the Authority’s property shall not be regarded as property of, or property held on behalf of, the Crown.

PowersE+W+N.I.

2(1)The Authority may do anything which is calculated to facilitate, or is incidental or conducive to, the carrying out of any of their functions.E+W+N.I.

(2)In particular, the Authority may—

(a)acquire or dispose of land or other property,

(b)enter into contracts,

(c)form bodies corporate or associated or other bodies which are not bodies corporate,

(d)enter into joint ventures with other persons,

(e)subscribe for shares or stock,

(f)invest any sums not immediately required for the purpose of carrying out their functions,

(g)accept gifts of money, land or other property, and

(h)borrow money.

(3)The Authority may authorise [F172the National Assembly for Wales] to act as agent for the Authority in connection with the exercise of any of the Authority’s functions in relation to Wales.

(4)The consent of the Secretary of State is required for the exercise of any power conferred by sub-paragraph (2)(c) or (d) or sub-paragraph (3).

3(1)The Authority may give to any person or body (whether or not in the United Kingdom) such assistance as they may determine.E+W+N.I.

(2)Assistance may be provided on such terms and subject to such conditions (if any) as the Authority may determine.

(3)In particular, assistance may be provided free of charge or on such terms as to payment as the Authority may determine.

(4)The power conferred by this paragraph does not extend to the giving of financial assistance; and the consent of the Secretary of State is required for any exercise of that power.

Chief officerE+W+N.I.

4(1)The Authority shall have a chief officer.E+W+N.I.

(2)The first chief officer shall be appointed by the Secretary of State on such terms and conditions as the Secretary of State may determine.

(3)Each subsequent chief officer shall be appointed by the Authority with the approval of the Secretary of State on such terms and conditions as the Authority may with the approval of the Secretary of State determine.

(4)The chief officer shall be an ex officio member of the Authority.

Chairman and chief officer: division of functionsE+W+N.I.

5(1)The Secretary of State may, on appointing a person to be the chairman of the Authority, confer on him such additional functions in relation to the Authority as may be specified in the appointment.E+W+N.I.

(2)The functions for the time being conferred by virtue of appointment as chief officer of the Authority shall not include any function for the time being conferred under sub-paragraph (1) on the chairman of the Authority.

Tenure of officeE+W+N.I.

6(1)A person shall hold and vacate office as a member or as chairman or deputy chairman of the Authority in accordance with the terms of his appointment and shall, on ceasing to be a member, be eligible for re-appointment.E+W+N.I.

(2)A person may at any time by notice in writing to the Secretary of State resign his office as a member or as chairman or deputy chairman of the Authority.

7E+W+N.I.The Secretary of State may, if satisfied that a member of the Authority—

(a)has been absent from meetings of the Authority for a continuous period of more than six months without the permission of the Authority, or

(b)is unable or unfit to discharge the functions of a member,

remove him from office by giving him notice in writing and thereupon the office shall become vacant.

8E+W+N.I.If the chairman or deputy chairman of the Authority ceases to be a member of the Authority, he shall also cease to be chairman or deputy chairman.

Payments to membersE+W+N.I.

9(1)The Authority shall pay to their members such salaries or fees, and such travelling, subsistence or other allowances, as the Secretary of State may determine.E+W+N.I.

(2)The Authority shall, as regards any member in whose case the Secretary of State may so determine, pay, or make provision for the payment of, such sums by way of pension, allowances and gratuities to or in respect of him as the Secretary of State may determine.

(3)If a person ceases to be a member of the Authority and it appears to the Secretary of State that there are special circumstances which make it right that he should receive compensation, the Secretary of State may direct the Authority to make to that person a payment of such amount as the Secretary of State may determine.

StaffE+W+N.I.

10E+W+N.I.Subject to the approval of the Secretary of State, the Authority—

(a)may appoint such number of employees, on such terms and conditions, as they may determine; and

(b)shall pay to their employees such remuneration and allowances as they may determine.

11(1)Employment with the Authority shall be included among the kinds of employment to which a scheme under section 1 of the M12Superannuation Act 1972 can apply.E+W

(2)The Authority shall pay to the Minister for the Civil Service, at such times as he may direct, such sums as he may determine in respect of the increase attributable to this paragraph in the sums payable under the Superannuation Act 1972 out of money provided by Parliament.

(3)Where an employee of the Authority is (by reference to that employment) a participant in a scheme under section 1 of that Act and is also a member of the Authority, the Secretary of State may determine that his service as such a member shall be treated for the purposes of the scheme as service as an employee of the Authority (whether or not any benefits are payable to or in respect of him by virtue of paragraph 9).

FinanceE+W+N.I.

12(1)The Secretary of State may make grants to the Authority of such amount as he thinks fit in respect of expenses incurred or to be incurred by the Authority in carrying out their functions.E+W+N.I.

(2)The payment of grant under this paragraph shall be subject to the fulfilment of such conditions as the Secretary of State may determine.

(3)The Secretary of State may also impose such requirements as he thinks fit in connection with the payment of grant under this paragraph.

CommitteesE+W+N.I.

13(1)The Authority—E+W+N.I.

(a)may establish a committee for any purpose; and

(b)if so directed by the Secretary of State, shall establish a committee for such purpose as is specified in the direction.

(2)The Authority shall determine the number of members which a committee established under this paragraph shall have, and the terms on which they are to hold and vacate office.

(3)Subject to such conditions as the Secretary of State may determine, a committee may include persons who are not members of the Authority.

(4)The Authority shall keep under review the structure of committees established under this paragraph and the scope of each committee’s activities.

Delegation of functionsE+W+N.I.

14(1)The Authority may authorise the chairman, the deputy chairman, the chief officer or any committee established under paragraph 13 to carry out such of the Authority’s functions as the Authority may determine.E+W+N.I.

(2)The Secretary of State may authorise any committee established under paragraph 13(1)(b) to carry out such of the Authority’s functions as are specified in the direction given under that provision.

(3)Sub-paragraph (1) has effect without prejudice to any power to authorise an employee of the Authority to carry out any of the Authority’s activities on behalf of the Authority.

ProceedingsE+W+N.I.

15(1)The following persons, namely—E+W+N.I.

(a)a representative of the Secretary of State,

[F173(b)a representative of the National Assembly for Wales,]

(c)a representative of such other body as the Secretary of State may designate, and

(d)[F174Her Majesty's Chief Inspector of Education, Children's Services and Skills], or a representative of his,

shall be entitled to attend and take part in deliberations (but not in decisions) at meetings of the Authority or of any committee of the Authority.

(2)The Authority shall provide the Secretary of State, [F175the National Assembly for Wales], any person falling within sub-paragraph (1)(c) and [F176Her Majesty's Chief Inspector of Education, Children's Services and Skills] with such copies of any documents distributed to members of the Authority or of any such committee as each of those persons may require.

16E+W+N.I.The validity of the Authority’s proceedings shall not be affected by a vacancy among the members or any defect in the appointment of a member.

17E+W+N.I.Subject to the preceding provisions of this Schedule, the Authority may regulate their own procedure and that of any of their committees.

AccountsE+W+N.I.

18(1)The Authority shall—E+W+N.I.

(a)keep proper accounts and proper records in relation to the accounts;

(b)prepare a statement of accounts in respect of each financial year of the Authority; and

(c)send copies of the statement to the Secretary of State and to the Comptroller and Auditor General before the end of the month of August next following the financial year to which the statement relates.

(2)The statement of accounts shall comply with any directions given by the Secretary of State with the approval of the Treasury as to—

(a)the information to be contained in it;

(b)the manner in which the information contained in it is to be presented; or

(c)the methods and principles according to which the statement is to be prepared.

(3)The Comptroller and Auditor General shall examine, certify and report on each statement received by him in pursuance of this paragraph and shall lay copies of each statement and of his report before each House of Parliament.

DocumentsE+W+N.I.

19E+W+N.I.The application of the seal of the Authority shall be authenticated by the signature—

(a)of the chairman or some other person authorised either generally or specially by the Authority to act for that purpose, and

(b)of one other member.

20E+W+N.I.Any document purporting to be an instrument made or issued by or on behalf of the Authority, and to be duly executed by a person authorised by the Authority in that behalf, shall be received in evidence and be treated, without further proof, as being so made or issued unless the contrary is shown.

Section 27.

F177SCHEDULE 5E+W The Qualifications, Curriculum and Assessment Authority for Wales

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Section 42.

F178SCHEDULE 6E+W School inspections

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Section 57(1).

SCHEDULE 7U.K. Minor and consequential amendments

Public Records Act 1958 (c. 51)U.K.

1E+WIn Part II of the Table at the end of paragraph 3 of Schedule 1 to the Public Records Act 1958 (organisations whose records are public records), insert at the appropriate places—

“Qualifications, Curriculum and Assessment Authority for Wales”,

“Qualifications and Curriculum Authority”.

Local Authorities (Goods and Services) Act 1970 (c. 39)U.K.

2(1)Subject to sub-paragraph (2), in the Local Authorities (Goods and Services) Act 1970 (supply of goods and services by local authorities to public bodies), “public body”—E+W

(a)shall include the Qualifications and Curriculum Authority and the Qualifications, Curriculum and Assessment Authority for Wales; and

(b)shall cease to include the School Curriculum and Assessment Authority and the Curriculum and Assessment Authority for Wales.

(2)The provision in sub-paragraph (1) shall have effect as if made by an order under section 1(5) of that Act (power to provide that a person shall be a public body for the purposes of the Act).

Superannuation Act 1972 (c. 11)U.K.

3(1)In Schedule 1 to the Superannuation Act 1972, in the list of Other Bodies (bodies in respect of which there are superannuation schemes)—U.K.

(a)omit the entries relating to the Curriculum and Assessment Authority for Wales and the School Curriculum and Assessment Authority; and

(b)insert at the appropriate places—

“the Qualifications, Curriculum and Assessment Authority for Wales”,

“the Qualifications and Curriculum Authority”.

(2)Section 1 of that Act (persons to or in respect of whom benefits may be provided by schemes under that section) shall apply to persons who at any time before the coming into force of section 21 of this Act have ceased to serve in employment with the National Council for Vocational Qualifications.

House of Commons Disqualification Act 1975 (c. 24)U.K.

4(1)Part III of Schedule 1 to the House of Commons Disqualification Act 1975 (disqualifying offices) shall be amended as follows.U.K.

(2)Omit the entries relating to the Curriculum and Assessment Authority for Wales and the School Curriculum and Assessment Authority.

(3)Insert at the appropriate places—

“Any member of the Qualifications, Curriculum and Assessment Authority for Wales constituted under section 27 of the Education Act 1997 in receipt of remuneration.”

“Any member of the Qualifications and Curriculum Authority constituted under section 21 of the Education Act 1997 in receipt of remuneration.”

(4)Omit the entry relating to the National Council for Vocational Qualifications.

Local Government Finance Act 1982 (c. 32)E+W

F1795E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Finance Act 1991 (c. 31)U.K.

F1806E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Charities Act 1993 (c. 10)U.K.

7U.K.In Schedule 2 to the Charities Act 1993 (exempt charities)—

(a)for paragraph (da) substitute—

“(da)the Qualifications and Curriculum Authority;”; and

(b)for paragraph (f) substitute—

“(f)the Qualifications, Curriculum and Assessment Authority for Wales;”.

Nursery Education and Grant-Maintained Schools Act 1996 (c. 50)U.K.

F1818E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Education Act 1996 (c. 56)E+W

9(1)Section 3 of the Education Act 1996 (definition of pupil etc.) shall be amended as follows.E+W

(2)At the end of subsection (1) insert—

“and references to pupils in the context of the admission of pupils to, or the exclusion of pupils from, a school are references to persons who following their admission will be, or (as the case may be) before their exclusion were, pupils as defined by this subsection.”

(3)F182. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10E+WIn section 4(2) of that Act (schools: general)—

(a)for “For” substitute “ Nothing in subsection (1) shall be taken to preclude the making of arrangements under section 19(1) (exceptional educational provision) under which part-time education is to be provided at a school; and for ”; and

(b)omit “(pupil referral units)”.

11E+WIn section 6(1) of that Act (nursery schools), for “the age of five” substitute “ compulsory school age ”.

12E+WIn section 14(4) of that Act (functions of LEA in respect of provision of primary and secondary schools), for “the age of five” substitute “ compulsory school age ”.

13E+WIn section 17(2) of that Act (powers of LEA in respect of nursery education), for “the age of five”, in both places, substitute “ compulsory school age ”.

F18314E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F18415E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F18516E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F18617E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F18718E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F18819E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F18920E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F19021E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F19122E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

23E+WIn section 312(2)(c) of that Act (meaning of “learning difficulty” for the purposes of the Act)—

(a)for “the age of five” substitute “ compulsory school age ”, and

(b)omit “or over”.

24E+WIn section 332(1) of that Act (duty of Health Authority or National Health Service Trust to notify parent where child has special educational needs), for “the age of five” substitute “ compulsory school age ”.

F19225E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

26E+WOmit sections 358 to 361 of that Act (provisions about Curriculum Authorities).

27E+W

[F193In section 362(7) of that Act (development work and experiments)—

(a)for “the School Curriculum and Assessment Authority” substitute “ the Qualifications and Curriculum Authority ”; and

(b)for “the Curriculum and Assessment Authority for Wales” substitute “ the Qualifications, Curriculum and Assessment Authority for Wales ”.]

28E+W

[F194In section 368(10) of that Act (procedure for making certain orders and regulations)—

(a)for “the School Curriculum and Assessment Authority” substitute “ the Qualifications and Curriculum Authority ”; and

(b)for “the Curriculum and Assessment Authority for Wales” substitute “ the Qualifications, Curriculum and Assessment Authority for Wales ”.]

29E+WIn section 391(10) of that Act (functions of advisory councils)—

(a)for “the School Curriculum and Assessment Authority” substitute “ the Qualifications and Curriculum Authority ”; and

(b)for “the Curriculum and Assessment Authority for Wales” substitute “ the Qualifications, Curriculum and Assessment Authority for Wales ”.

30E+WIn section 408 of that Act (provision of information)—

(a)in subsection (1)(a), after “this Part” insert “ or Part V of the Education Act 1997 ”; and

(b)in subsection (4)(f), omit “, 400, 401”.

F19531E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .