Education Bill
EXPLANATORY NOTES
Explanatory notes to the Bill, prepared by the Department for Education and the
Department for Business, Innovation and Skills, are published separately as
Bill 137—EN.
EUROPEAN CONVENTION ON HUMAN RIGHTS
Secretary Michael Gove has made the following statement under section 19(1)(a) of
the Human Rights Act 1998:
In my view the provisions of the Education Bill are compatible with the Convention
rights.
Contents
Part 1
Early years provision
1
Free of charge early years provision
Part 2
Discipline
2
Power of members of staff at schools to search pupils
3
Power of members of staff at further education institutions to search students
4
Exclusion of pupils from schools in England: review
5
Repeal of requirement to give notice of detention to parent: England
6
Repeal of duty to enter into behaviour and attendance partnership
Part 3
School workforce
Abolition of the General Teaching Council for England
7
8
Functions of Secretary of State in relation to teachers
9
Requirement for teachers in England to serve induction period
10
Abolition of the GTCE: transitional provision
11
Abolition of the GTCE: consequential amendments
12
Abolition of the GTCE: transfer schemes
Reporting restrictions
13
Restrictions on reporting alleged offences by teachers
Abolition of the Training and Development Agency for Schools
14
15
Training the school workforce: powers of Secretary of State and Welsh
Ministers
Bill 137
55/1
ii
16
Abolition of the TDA: consequential amendments
17
Abolition of the TDA: transfer schemes
Abolition of the School Support Staff Negotiating Body
18
Staff: minor amendments
19
Staffing of maintained schools: suspension of delegated budget
Part 4
Qualifications and the Curriculum
International comparison surveys
20
Requirement for schools to participate in international surveys
Ofqual
21
The Chief Regulator of Qualifications and Examinations
22
The qualifications standards objective
Abolition of the Qualifications and Curriculum Development Agency
23
24
Abolition of the QCDA: consequential amendments
25
Abolition of the QCDA: transfer schemes
Careers education and guidance
26
Education and training support services in England
27
Careers guidance in schools in England
Repeal of the diploma entitlement
28
Repeal of diploma entitlement for 16 to 18 year olds
29
Repeal of diploma entitlement for fourth key stage
Part 5
Educational institutions: other provisions
Repeal of duties of governing bodies, local authorities and others
30
Duties to co-operate with local authority
31
Duties to have regard to children and young people’s plan
32
Duty to prepare and publish school profile
33
Duty to appoint school improvement partners
34
Duties in relation to school admissions
35
Duties in relation to school meals etc
iii
New schools
36
Establishment of new schools
Governing bodies: constitution and dissolution
37
Constitution of governing bodies: maintained schools in England
38
Discontinuance of federated school: governing body not to be dissolved
Standards
39
School inspections: exempt schools
40
School inspections: matters to be covered in Chief Inspector’s report
41
Inspection of further education institutions: exempt institutions
42
Inspection of boarding accommodation
43
Schools causing concern: powers of Secretary of State
44
Complaints: repeal of power to complain to Local Commissioner
Finance
45
Local authorities’ financial schemes
46
Payments in respect of dismissal, etc
47
Determination of permitted charges
Further education institutions
48
Further education institutions: amendments
Pupil referral units
49
Repeal of provision changing name of pupil referral units
Part 6
Academies
Academy arrangements
50
Academies: removal of requirement to have specialism
51
Academy arrangements: post-16 education and alternative provision
52
Consequential amendments: 16 to 19 Academies and alternative provision
Academy orders
53
Academy orders: involvement of religious bodies etc
54
Academies: consultation on conversion
55
Academy conversions: federated schools
56
Transfer of property, rights and liabilities to Academies
Academies: other provisions
57
Academies: new and expanded educational institutions
58
Staff at Academies with religious character
59
Academies: land
iv
60
Academy admissions arrangements: references to adjudicator
61
Academies: minor amendments
Part 7
Post-16 education and training
Abolition of the Young People’s Learning Agency for England
62
63
Abolition of the YPLA: consequential amendments
64
Abolition of the YPLA: transfer schemes
Apprenticeships
65
The apprenticeship offer
66
Apprenticeship certificates
The Chief Executive of Skills Funding
67
Consultation by Chief Executive of Skills Funding
68
Functions of the Chief Executive of Skills Funding
Raising the participation age: commencement
69
Duty to participate in education or training: commencement
Part 8
Student finance
70
Student loans: interest rates
71
Limit on student fees: part-time courses
Part 9
Powers of National Assembly for Wales
72
Professional standards etc of teachers and others
73
Funding of pre-16 education and training
Part 10
General
74
Orders and regulations
75
Interpretation of Act
76
Financial provision
77
Extent
78
Commencement
79
Short title
v
Schedule 1 —
Review of exclusions from schools in England: consequential
amendments
Schedule 2 —
Schedule 3 —
Schedule 4 —
Schedule 5 —
Schedule 6 —
Schedule 7 —
Schedule 8 —
Schedule 9 —
School admissions: consequential amendments
Schedule 10 —
Schedule 11 —
Schedule 12 —
16 to 19 Academies and alternative provision Academies:
consequential amendments
Schedule 13 —
Schedule 14 —
Schedule 15 —
Schedule 16 —
Schedule 17 —
The apprenticeship offer: consequential amendments