Learning and Skills Bill [H.L.] - continued        House of Lords
PART V, MISCELLANEOUS AND GENERAL - continued
Support for 13 to 19 year olds - continued

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Educational institutions: information and access.     102. - (1) Where a person is involved in the provision of services in pursuance of section 99(1), an educational institution to which this section applies shall, for the purpose of the provision of those services-
 
 
    (a) provide him on request with the name and address of a pupil or student;
 
    (b) provide him on request with the name and address of a parent of a pupil or student;
 
    (c) provide him on request with information in the institution's possession about a pupil or student;
 
    (d) permit him to have access to a pupil or student on the institution's premises at reasonable times;
 
    (e) make available to him, so far as is reasonably convenient, facilities on the institution's premises for providing services to individual pupils or students or groups of pupils or students.
      (2) Information shall not be provided under subsection (1)(c)-
 
 
    (a) in the case of a pupil or student who has not attained the age of 16, if a parent of his has instructed the institution not to provide information of that kind under this section, or
 
    (b) in the case of a pupil or student who has attained the age of 16, if he has instructed the institution not to provide information of that kind under this section.
      (3) This section applies to the following institutions-
 
 
    (a) community, foundation and voluntary schools,
 
    (b) community or foundation special schools (other than those established in hospitals),
 
    (c) city technology colleges and city colleges for the technology of the arts,
 
    (d) pupil referral units,
 
    (e) institutions within the further education sector, and
 
    (f) institutions in receipt of funding from the Learning and Skills Council for England.
Inspection.     103. - (1) The Secretary of State shall arrange for the inspection of services provided in pursuance of section 99(1).
 
      (2) For the purpose of subsection (1) the Secretary of State may request Her Majesty's Chief Inspector of Schools in England-
 
 
    (a) to arrange for an inspection of and a report about the provision by any person or institution of services which are provided in pursuance of section 99(1);
 
    (b) to advise, on the basis of matters arising in the course of inspections under paragraph (a), about any matter relating to those services.
      (3) The Chief Inspector shall comply with a request under subsection (2).
 
      (4) A request under subsection (2)-
 
 
    (a) may be general or in relation to specific matters,
 
    (b) may relate to specific persons or institutions, or to specific classes of persons or institutions, providing services, and
 
    (c) may relate to specific areas.
      (5) Subsections (6) and (7) apply where the Secretary of State makes a request under subsection (2)(a) for the inspection of the provision of services by a specified person or institution.
 
      (6) A person carrying out or participating in the inspection shall have the same powers as an Inspector of Schools under the following provisions of the School Inspections Act 1996-
 
 
    (a) section 3(3)(a) and (b) (right of access), and
 
    (b) section 42 (computer records).
      (7) Section 42A of the 1996 Act (publication of reports) shall apply.
 
Information: supply by Secretary of State.     104. - (1) The Secretary of State may supply information, including social security information, to any civil servant or other person for the purpose of the provision of services of the kind mentioned in section 99(1).
 
      (2) In this section "social security information" means personal information about a young person which is obtained by the Secretary of State in the course of the exercise of a function under-
 
 
    (a) the Social Security Contributions and Benefits Act 1992, or
 
    (b) the Social Security Administration Act 1992.
      (3) For the purposes of subsection (2) "personal information" means, in relation to a young person-
 
 
    (a) his name, address and age, and
 
    (b) the name and address of a parent of his.
      (4) A person commits an offence if he discloses information supplied to him under subsection (1) unless the disclosure is made-
 
 
    (a) for the purpose of the provision of services in pursuance of section 99(1),
 
    (b) in accordance with an enactment or an order of a court,
 
    (c) for the purpose of actual or contemplated proceedings before a court,
 
    (d) with consent given by or on behalf of the person to whom the information relates, or
 
    (e) in such a way as to prevent the identification of the person to whom it relates.
      (5) It is a defence for a person charged with an offence under this section to prove that he reasonably believed that his disclosure was lawful.
 
      (6) A person guilty of an offence under this section shall be liable-
 
 
    (a) on conviction on indictment, to imprisonment for a term not exceeding two years, to a fine or to both, or
 
    (b) on summary conviction, to imprisonment for a term not exceeding six months, to a fine not exceeding the statutory maximum or to both.
Information: supply by public bodies.     105. - (1) For the purpose of the provision of services in pursuance of section 99(1), any of the bodies mentioned in subsection (2) may supply information about a young person-
 
 
    (a) to the Secretary of State;
 
    (b) to any other person involved in the provision of those services.
      (2) Those bodies are-
 
 
    (a) a local authority,
 
    (b) a Health Authority,
 
    (c) the Learning and Skills Council for England,
 
    (d) a probation committee, and
 
    (e) a youth offending team.
Recreation and social and physical training.     106. - (1) Section 508 of the Education Act 1996 (local education authorities: recreation and social and physical training) shall be amended as follows.
 
      (2) In subsection (1) for "secondary and further education" substitute "and secondary education".
 
      (3) After subsection (1) insert-
 
 
    "(1A) A local education authority may provide facilities for recreation and social and physical training as part of the facilities for further education provided (whether or not by them) for their area."
 
      (4) In subsection (2) for "For that purpose" substitute "For the purpose of subsection (1) or (1A)".
 
Sections 99 to 106: interpretation.     107. In sections 99 to 106-
 
 
    "local authority" has the meaning given by section 579(1) of the Education Act 1996 (interpretation),
 
    "Health Authority" has the meaning given by section 8 of the National Health Service Act 1977,
 
    "parent", in relation to a child, means a person who has parental responsibility for him within the meaning of section 3 of the Children Act 1989,
 
    "probation committee" means a committee established under section 3 of the Probation Service Act 1993,
 
    "police authority" has the meaning given by section 101 of the Police Act 1996,
 
    "young person" has the meaning given by section 99(4), and
 
    "youth offending team" means a team established under section 39 of the Crime and Disorder Act 1998.
Careers services.     108. The following shall be inserted after section 10A of the Employment and Training Act 1973 (careers services)-
 
 
"Inspection.     10B. - (1) The Secretary of State shall arrange for the inspection of services provided in pursuance of section 8 or 9.
 
    (2) For the purpose of subsection (1) the Secretary of State may request Her Majesty's Chief Inspector of Schools in England-
 
 
    (a) to arrange for an inspection of and a report about the provision by any person or institution of services which are provided in pursuance of section 8 or 9;
 
    (b) to advise, on the basis of matters arising in the course of inspections under paragraph (a), about any matter relating to those services.
      (3) The Chief Inspector shall comply with a request under subsection (2).
 
      (4) A request under subsection (2)-
 
 
    (a) may be general or in relation to specific matters,
 
    (b) may relate to specific persons or institutions, or to specific classes of persons or institutions, providing services, and
 
    (c) may relate to specific areas.
      (5) Subsections (6) and (7) apply where the Secretary of State makes a request under subsection (2)(a) for the inspection of the provision of services by a specified person or institution.
 
      (6) A person carrying out or participating in the inspection shall have the same powers as an Inspector of Schools under the following provisions of the School Inspections Act 1996-
 
 
    (a) section 3(3)(a) and (b) (right of access), and
 
    (b) section 42 (computer records).
      (7) Section 42A of the 1996 Act (publication of reports) shall apply."
 
 
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