Office of Public Sector Information
PART 9 continued
(1) A person in respect of whom a direction has been given under section 167A may appeal to the Tribunal established under section 9 of the Protection of Children Act 1999—
(a) against the decision to give the direction;
(b) against a decision not to vary or revoke the direction.
(2) Regulations may—
(a) provide that the Tribunal may not entertain an appeal under this section insofar as the appellant’s case is inconsistent with his having been convicted of an offence;
(b) prescribe circumstances in which the Tribunal shall allow an appeal under this section;
(c) prescribe the powers available to the Tribunal on allowing an appeal under this section.
(1) The Secretary of State may provide to the appropriate authority any information relating to a person which is held by the Secretary of State in connection with his functions—
(a) under the Protection of Children Act 1999, except section 9 (the Tribunal);
(b) under Part 7 of the Care Standards Act 2000;
(c) under sections 142 to 144 of this Act;
(d) as registration authority under this Part.
(2) The National Assembly for Wales may provide to the appropriate authority any information relating to a person which is held by the Assembly in connection with its functions as registration authority under this Part.
(3) The Independent Barring Board may provide to the appropriate authority any information relating to a person which is held by the Board in connection with its functions and which appears to it to be relevant to the exercise by the appropriate authority of its functions under sections 167A to 167C.
(4) The appropriate authority may provide to the Independent Barring Board, the General Teaching Council for England, the General Teaching Council for Wales, the Secretary of State or the National Assembly for Wales any information relating to a person which is held by the appropriate authority in connection with its functions under section 167A.
(1) Where the appropriate authority in relation to England gives a direction under section 167A(1), or varies or revokes any such direction, it must notify—
(a) the registration authority in relation to England (unless the appropriate authority is the registration authority), and
(b) the registration authority in relation to Wales and (if different) the appropriate authority in relation to Wales.
(2) Where the appropriate authority in relation to Wales gives a direction under section 167A(1), or varies or revokes any such direction, it must notify—
(a) the registration authority in relation to Wales (unless the appropriate authority is the registration authority), and
(b) the registration authority in relation to England and (if different) the appropriate authority in relation to England.”
(1) In section 169 of EA 2002 (unsuitable persons), for the words from “any work” onwards substitute “work of a prescribed kind is subject to a direction, order or decision of a prescribed description made under any prescribed enactment having effect in any part of the United Kingdom”.
(2) In section 113BA of the Police Act 1997 (c. 50) (suitability information relating to children), at the end of subsection (2) insert—
“(e) whether the applicant is subject to a direction under section 167A of the Education Act 2002 (prohibition on participation in management of independent school).”
(3) In section 9 of the Protection of Children Act 1999 (c. 14) (the Tribunal), in subsection (2) after paragraph (b) insert—
“(ba) on an appeal under section 167B of the Education Act 2002;”.
(1) A person falls within this subsection if—
(a) immediately before the relevant day he is subject to a direction under section 142 of EA 2002 given on grounds prescribed for the purposes of this section, and
(b) prescribed conditions (which may include conditions relating to decisions taken on or after the relevant day by the Independent Barring Board under the Safeguarding Vulnerable Groups Act 2006) are satisfied in relation to him.
(2) Regulations may provide that, as from a time specified in or determined in accordance with the regulations, persons who fall within subsection (1) are to be treated for prescribed purposes as if the direction given under section 142 of EA 2002 were a direction given by the appropriate authority under section 167A of that Act.
(3) Regulations may make provision in connection with the determination of any appeal under subsection (1) of section 144 of EA 2002, or application for review under subsection (2) of that section, which is pending on the relevant day.
(4) Regulations under subsection (3) may, in particular, provide for an appeal, or application for review, under section 144 of EA 2002 to be treated as an appeal under section 167B of that Act.
(5) In this section—
“appropriate authority” has the same meaning as in section 167A of EA 2002;
“prescribed” means prescribed by regulations under this section;
“regulations” means regulations made—
in relation to England, by the Secretary of State, or
in relation to Wales, by the Assembly;
“the relevant day” means the day on which section 167A of EA 2002 comes into force.
(1) Part 10 of EA 2002 (independent schools) is amended as follows.
(2) After section 168 insert—
No proceedings for an offence under this Chapter shall be instituted except by or with the consent of the registration authority.
(1) Where an offence under this Chapter committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of—
(a) any director, manager, secretary or other similar officer of the body corporate, or
(b) any person who was purporting to act in any such capacity,
he (as well as the body corporate) is guilty of the offence and liable to be proceeded against and punished accordingly.
(2) Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with his functions of management as it applies to a director of a body corporate.
(1) Proceedings for an offence alleged to have been committed under this Chapter by an unincorporated body are to be brought in the name of that body (and not in that of any of its members) and, for the purposes of any such proceedings, any rules of court relating to the service of documents have effect as if that body were a corporation.
(2) A fine imposed on an unincorporated body on its conviction of an offence under this Chapter is to be paid out of the funds of that body.
(3) If an unincorporated body is charged with an offence under this Chapter, section 33 of the Criminal Justice Act 1925 and Schedule 3 to the Magistrates' Courts Act 1980 (procedure on charge of an offence against a corporation) apply as they do in relation to a body corporate.
(4) Where an offence under this Chapter committed by an unincorporated body (other than a partnership) is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any officer of the body or any member of its governing body, he as well as the body is guilty of the offence and liable to be proceeded against and punished accordingly.
(5) Where an offence under this Chapter committed by a partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, he as well as the partnership is guilty of the offence and liable to be proceeded against and punished accordingly.”
(3) In section 159 (unregistered schools), omit subsection (3).
(4) Sections 168B and 168C of EA 2002 do not have effect in relation to offences committed before the commencement of this section.
In section 317 of EA 1996 (duties of governing body or LEA in relation to pupils with special educational needs) after subsection (3) insert—
“(3A) The governing body of a community, foundation or voluntary school or a maintained nursery school shall designate a member of the staff at the school (to be known as the “special educational needs co-ordinator”) as having responsibility for co-ordinating the provision for pupils with special educational needs.
(3B) Regulations may—
(a) require the governing bodies of schools falling within subsection (3A) to ensure that special educational needs co-ordinators have prescribed qualifications or prescribed experience (or both), and
(b) confer on the governing bodies of those schools other functions relating to special educational needs co-ordinators.”
(1) Chapter 1 of Part 4 of EA 1996 (children with special educational needs) is amended as follows.
(2) In Schedule 26 (making of assessments under section 323), in paragraph 3(3)(a) after “or 329A” insert “, or under regulations under sub-paragraph (1)(b),”.
(3) In Schedule 27 (making and maintenance of statements under section 324)—
(a) in paragraph 5, for sub-paragraph (3) substitute—
“(3) Regulations may provide that, where a local education authority are under a duty (subject to compliance with the preceding requirements of this Schedule) to make a statement, the duty to make the statement, or any step required to be taken for or in connection with the performance of the duty or the maintenance of the statement (including any step in relation to the amendment of the statement) must, subject to prescribed exceptions, be performed within the prescribed period.”, and
(b) in paragraph 11, after sub-paragraph (2A) insert—
“(2B) Where the local education authority determine to cease to maintain a statement following a periodic review or a re-assessment review, regulations may provide that a notice under sub-paragraph (2)(a) must be given within the prescribed period beginning with the date of the review.”
(4) Any regulations which were made under Schedule 26 or 27 to EA 1996 and are in force immediately before the commencement of this section are to have effect as from that time as if made under that Schedule as amended by subsection (2) or (3) (as the case may be).
Schedule 17 contains further amendments relating to Wales.
(1) Before section 12 of the Learning and Skills Act 2000 (c. 21) (research and information), and immediately after the cross-heading which precedes that section, insert—
(1) The Council may—
(a) make and carry on one or more schemes for the purpose of encouraging 10 to 15 year olds to undergo relevant education or training, and
(b) secure the provision of financial resources to such persons who are receiving or proposing to receive relevant education or training in pursuance of such a scheme.
(2) Sections 5(2) and (3) and 6(1), (2) and (5) apply in relation to the provision of financial resources under subsection (1)(b) as they apply in relation to the provision of financial resources under section 5(1)(c).
(3) In this section—
“10 to 15 year olds” means persons who have attained the age of 10 but have not ceased to be of compulsory school age;
“relevant education” means—
education (other than higher education) suitable to the requirements of 10 to 15 year olds, and
organised leisure-time occupation connected with such education;
“relevant training” means—
training suitable to the requirements of 10 to 15 year olds, and
organised leisure-time occupation connected with such training.
(4) Subsection (5) of section 2 has effect for the purposes of the definitions of “relevant education” and “relevant training” in subsection (3) above as it has effect for the purposes of that section.”
(2) In section 9 of that Act (assessment and means tests), in subsection (4), after “5(1)(c)” insert “or 11A(1)(b)”.
(3) In section 13 of that Act (persons with learning difficulties)—
(a) in subsection (1), for “and 8” substitute “, 8 and 11A”, and
(b) after subsection (6) insert—
“(7) In its application for the purposes of subsection (1) in relation to the functions of the Council under section 11A, the reference in subsection (5)(b) to “post-16 education or training” is to be read as a reference to “relevant education or training” (within the meaning of section 11A).”
(1) Section 29 of the Leasehold Reform Act 1967 (c. 88) (which enables university bodies in certain circumstances to reserve rights for future development in relation to land sold or let by them) is amended as follows.
(2) In subsection (6), omit the words from “but a university body” to the end.
(3) In subsection (6B), for the words from “includes” to the end substitute—
“(a) includes development by a related university body (within the meaning of section 28(6)(b) above); and
(b) must be development for the purposes (other than investment purposes) of the university body or any such related university body.”
(4) Where immediately before the date on which this section comes into force—
(a) a university body have applied for consent under subsection (6) of section 29 of the Leasehold Reform Act 1967, and
(b) the application has yet to be determined,
consent under that subsection shall continue to be required; and for that purpose the amendments made by subsections (2) and (3) above shall be disregarded.
Education and Inspections Act 2006