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(i) has achieved those standards and has accordingly satisfactorily completed his induction period, or
(ii) should have his induction period extended by such period as may be determined by the appropriate body, or
(iii) has failed satisfactorily to complete his induction period;").
33

Page 9, line 45, leave out ("on the matters referred to in paragraph (d)") and insert ("as to whether a person has achieved the standards mentioned in paragraph (c)").


34

Page 10, leave out lines 1 and 2.


35

Page 10, line 5, at end insert--


("(h) requiring the employer of a person employed as a teacher at a relevant school to secure--
(i) the termination of that person's employment as a teacher, or
(ii) that he only undertakes such teaching duties as may be determined in accordance with the regulations,
in such circumstances following a decision that he has failed satisfactorily to complete his induction period as may be prescribed;
(i) authorising or requiring the appropriate body to exercise such other functions as may be prescribed (which may include functions with respect to the provision of assistance to schools or of training for teachers);
(j) authorising the appropriate body in such circumstances as may be prescribed to make such reasonable charges in connection with the exercise of its functions under the regulations as it may determine;
(k) requiring any person or body exercising any prescribed function under the regulations to have regard to any guidance given from time to time by the Secretary of State as to the exercise of that function.").

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36Page 10, line 9, at end insert--

("(3A) Regulations under this section shall include provision conferring on a person aggrieved by a decision under subsection (2)(d) a right to appeal against the decision to one of the following, namely--
(a) the Secretary of State, or
(b) the Council or the General Teaching Council for Wales;
and any decision made on such an appeal shall be final.
(3B) Regulations made in pursuance of subsection (3A) may make provision for, or for the determination in accordance with the regulations of, such matters relating to such appeals as the Secretary of State considers necessary or expedient.").
37

Page 10, line 10, after second ("body") insert ("(including a local education authority)").


38

Page 10, line 11, after ("by") insert (", or determined by the Secretary of State in accordance with,").


39

Page 10, line 11, at end insert ("; and such regulations may provide for an appropriate body which is not a local education authority to include a representative of such an authority.").


40

Page 10, line 15, at end insert--


("(5A) Regulations may provide for references to "eligible expenditure" in section 484 of the Education Act 1996 (education standards grants) to include such expenditure incurred by local education authorities in consequence of any regulations made by virtue of subsection (1) or (2) as may be prescribed.").
41

Page 10, line 15, at end insert--


("(5B) Where, in accordance with a requirement imposed by virtue of subsection (2)(h)(ii), a teacher employed at a school maintained by a local education authority--
(a) continues to be employed at the school, but
(b) is not undertaking his normal teaching duties there,
any costs incurred by the local education authority in respect of the teacher's emoluments shall not be met from the school's budget share for any financial year except in so far as the authority have good reason for deducting those costs, or any part of those costs, from that share.
Nothing in this subsection applies to a maintained school at any time when the school does not have a delegated budget.").
42

Page 10, leave out lines 17 to 19 and insert--


("(aa) any reference to a school's budget share or to its not having a delegated budget has the same meaning as in Part II of the School Standards and Framework Act 1998, and").
43

Page 10, line 20, leave out first (""schools"") and insert (""relevant schools"").


44

Page 10, line 20, leave out ("subsection (12) of that section") and insert ("section 218(12) of the Education Reform Act 1988").


45

Page 10, line 21, at end insert ("and


(c) "independent school" has the same meaning as in the Education Act 1996.").

Lord Whitty: My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 30 to 45.

Moved, That the House do agree with the Commons in their Amendments Nos. 30 to 45.--(Lord Whitty.)

On Question, Motion agreed to.

23 Jun 1998 : Column 136

COMMONS AMENDMENT

46

Clause 17, page 11, line 5, at end insert--


("and section 42A(2) to (4) of the School Inspections Act 1996 (publication of inspection reports) 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 section 42A(2).").

Baroness Blackstone: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 46. In doing so, I shall speak also to Commons Amendment No. 47.

Clause 124 in the School Standards and Framework Bill amends the School Inspections Act 1996 to provide for the publication of school inspection reports by electronic means--for example, on the Internet. Amendment No. 46 places the publication of teacher training inspection reports on the same statutory footing as reports on schools, publicly funded nurseries and LEAs. Publication of these reports on the Internet is consistent with the Government's policy on freedom of information and open government. The Internet is an efficient and cost-effective means of relaying information to a wide audience.

Amendment No. 47 makes clear that the chief inspector's right to inspect and report on any in-service training of teachers, as specified in subsection (1)(b) of this clause, includes training provided to a teacher serving an induction period within the meaning of Clause 16 of the Bill.

Moved, That the House do agree with the Commons in their Amendment No. 46.--(Baroness Blackstone.)

On Question, Motion agreed to.

COMMONS AMENDMENT

47

Clause 17, page 12, line 15, after ("(b);") insert--


("(ba) "in-service training" includes any training provided to a teacher serving an induction period (within the meaning of section 16 of the Teaching and Higher Education Act 1998);").

Baroness Blackstone: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 47.

Moved, That the House do agree with the Commons in their Amendment No. 47.--(Baroness Blackstone.)

On Question, Motion agreed to.

COMMONS AMENDMENT

48

Clause 19, page 13, leave out line 2 and insert ("which are designated for the purposes of this section by or under the regulations.").

Lord Whitty: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 48. In doing so, I should like to speak also to Amendments Nos. 49, 56, 66, 67, 69, 70, 71, 92 to 95, 98, 112 to 117, 144 and 145.

This is a fairly large group of amendments, all of which relate to the new student support arrangements which we shall be introducing in the coming autumn term. The amendments do not deal with the principles and substance of those new arrangements; we look

23 Jun 1998 : Column 137

forward to the opportunity to debate that aspect when we come to Amendments Nos. 64 and 123 a little later on. The amendments in this group relate purely to the way in which the new arrangements will be administered and to a handful of relatively minor technical issues. I shall deal briefly with the technical amendments first.

First, Amendment No. 48 will enable the Secretary of State to designate courses at private institutions as eligible for support through administrative act rather than regulations, as now. Secondly, Amendment No. 49 will ensure that where payment of a grant or loan is discretionary--for example, in the case of hardship loans--the body responsible for determining entitlement can exercise a broad discretion rather than having to adhere to detailed criteria laid down in regulations. Thirdly, Amendment No. 112 will enable the regulations governing the student loans scheme in Scotland to deal appropriately with borrowers who are declared bankrupt or are sequestrated. Finally, Amendments Nos. 115 and 117 are minor drafting amendments which simply tidy up the wording of the Bill. All of these amendments are purely technical.

I turn now to the more substantive amendments, most of which have equivalent amendments for Scotland. In this context, the group of amendments is larger than it might otherwise be because of having to repeat the arrangements for Scotland.

Amendment No. 67 and Amendment No. 93 relating to Scotland clarify the Secretary of State's powers to transfer and delegate the powers given to him in respect of student support. They replace and improve upon the provisions already made in the Bill. Members of your Lordships' House will note that the Bill makes provision for the Secretary of State alone to make grants or loans to students. This is different from the current student support legislation, which gives the Secretary of State powers to make arrangements for the making and collection of loans and, in England and Wales, places duties on LEAs in respect of mandatory and discretionary awards. A variety of bodies will be involved in the administration of the new loans scheme, including local education authorities, higher education institutions, the Student Loans Company and the Inland Revenue. Amendments Nos. 67 and 93 accordingly provide for these bodies to exercise powers instead of, or on behalf of, the Secretary of State.

In particular, these new provisions allow functions to be transferred to local education authorities and higher education institutions, which, as independent bodies, already have distinct responsibilities for administering aspects of the existing awards and loan schemes. Functions will not be transferred to other bodies but delegated. This means that the Secretary of State will retain overall responsibility for those functions and will himself be subject to judicial review. We believe that this is more appropriate in the case of a body such as the Student Loans Company, which is wholly owned by two Secretaries of State, or the Inland Revenue, which will be collecting loan repayments on the Secretary of State's behalf.

23 Jun 1998 : Column 138

The new provisions also enable the Secretary of State to establish an appeals procedure in respect of functions which are transferred or delegated. We are considering the details of the appeals mechanism, but I am happy to repeat the undertaking that my honourable friend made in another place that a right of appeal will be put in place in relation to the collection of student loans.

These two amendments also provide for the Secretary of State to make payments to bodies to which functions are transferred or delegated or which are appointed to hear appeals, either to meet the costs of making grants or loans or as payment for administering the scheme.

Amendments Nos. 56 and 98 delete the references to government departments in Clauses 19 and 24 of the Bill. References to government departments are superfluous in this context since they would anyway be covered by the references to "other persons or bodies". More importantly, we do not envisage that the regulation-making power in Clause 19(5) and the equivalent Scottish provision will be used to place duties on government departments--in practice, the Inland Revenue. Instead, the relevant functions will be delegated to the Revenue using the powers which I have just described. This will mean that the Secretary of State remains ultimately accountable for the actions of the Revenue in relation to loan collection.

Amendments Nos. 92, 94, 113, 116, 144 and 145 also relate to transfer and delegation and are consequential on the previous two groups.

The next substantive group is Amendments Nos. 69 and 70, which are necessary to ensure that the existing administrative arrangements can be adapted to accommodate changes in the pattern of student support. Our proposals to replace grants with loans and to introduce means tested support for fees have implications for those bodies which are currently involved in managing the system. As I have already mentioned, in England and Wales this means LEAs, the Student Loans Company and also a small central unit within the Department for Education and Employment. In Scotland student support is administered by the Student Loans Company and the Student Awards Agency for Scotland.

We shall need to consider how functions should be allocated between these bodies in the most efficient way in order to ensure a smooth transition to the new system. For example, it is possible that as time goes on, the central unit, which was established mainly to administer means testing arrangements for EU students, might take on other responsibilities. The Bill in its previous form provided for existing student support functions to be transferred, but only in association with the repeal of the existing student support legislation. Given that we intend to repeal the existing legislation this year--albeit with savings provisions--these amendments are necessary to allow functions to be transferred at different times in the future as the regime changes. Amendment No. 71 deletes the existing provisions which Amendments Nos. 69 and 70 replace. Amendments Nos. 95 and 114 make similar provision for Scotland, while reflecting the different administrative arrangements that already exist there to which I have already referred.

23 Jun 1998 : Column 139

We consider that these amendments will be necessary for the smooth administration of this scheme. They do not raise issues of substance.

Moved, That the House do agree with the Commons in their Amendment No. 48.--(Lord Whitty.)


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