This Part applies to any person who is resident in England and who—
(a) has ceased to be of compulsory school age,
(b) has not reached the age of 18, and
(c) has not attained a level 3 qualification (see section 3).
(1) A person to whom this Part applies must—
(a) be participating in appropriate full-time education or training (see section 4),
(b) be participating in training in accordance with a contract of apprenticeship, or
(c) both—
(i) be in full-time occupation (see section 5), and
(ii) participate in sufficient relevant training or education in each relevant period (see sections 6 to 8).
(2) For the purposes of this Part, a person who is in full-time occupation is to be taken to be participating in sufficient relevant training or education at any particular time if—
(a) arrangements have been made (whether by means of enrolment on a course or courses, or otherwise) for the person to receive sufficient relevant training or education during the current relevant period, and
(b) where the arrangements call for the person to be participating in training or education at the time, the person is so participating.
(1) In this Part, “level 3 qualification” means a prescribed external qualification, or an external qualification of a prescribed description, at level 3.
(2) For this purpose, level 3 is the level of attainment (in terms of breadth and depth) which, in the opinion of the Secretary of State, is demonstrated by the General Certificate of Education at the advanced level in two subjects.
(3) A qualification, or description of qualification, prescribed under subsection (1) may be prescribed by reference to an assessment made by the Qualifications and Curriculum Authority of the level of attainment demonstrated by a qualification; and for that purpose regulations under subsection (1) may confer a function (which may include the exercise of a discretion) on the Authority.
(4) In subsection (1), “external qualification” has the meaning given in section 24 of the Education Act 1997 (c. 44).
(5) The Secretary of State may by order amend subsection (2) so as to substitute a different qualification for the qualification for the time being referred to.
(1) In this Part, “appropriate full-time education or training”, in relation to a person, means full-time education or training which is suitable for the person, having regard—
(a) to the person’s age, ability and aptitude, and
(b) to any learning difficulty which the person may have,
and is provided at a school, at a college of further education, at an institution within the higher education sector or otherwise.
(2) Regulations may provide that a particular description of—
(a) education provided otherwise than at a school, or
(b) training,
is, or is not, to be treated as being “full-time” for the purposes of this section.
(3) Subsections (5) and (6) of section 13 of the Learning and Skills Act 2000 (c. 21) (persons with learning difficulties) apply for the purposes of this section.
(1) For the purposes of this Part, a person is in full-time occupation if the person works for at least 20 hours per week—
(a) under a contract of employment, or
(b) in any other way which may be prescribed,
otherwise than under a short-term contract or arrangement.
(2) The power conferred by subsection (1)(b) includes, in particular, power to prescribe the following ways of working—
(a) as a self-employed person,
(b) otherwise than for reward, or
(c) as the holder of an office.
(3) For the purposes of this section, the number of hours for which a person works per week is—
(a) the number of the person’s normal weekly working hours, less
(b) the number of hours of actual guided learning—
(i) which constitute relevant training or education, and
(ii) in which the young person participates each week during normal weekly working hours.
(4) In subsection (3)—
“normal weekly working hours”—
in relation to a person employed under a contract of employment, means the person’s normal working hours in a week, and
in relation to a person working in a way prescribed under subsection (1)(b), has the prescribed meaning;
“actual guided learning” has the meaning given by section 8(3).
(5) Section 234 of the Employment Rights Act 1996 (c. 18) (construction of references to normal working hours where employee entitled to overtime pay) applies for the purposes of the definition of “normal weekly working hours” in subsection (4) as it applies for the purposes of that Act.
(6) Regulations may make provision for a person to be, or not to be, treated as working for at least 20 hours per week in cases where the number of hours for which the person works per week (calculated under subsection (3)) varies from week to week.
(7) Where a person works otherwise than under—
(a) a single contract of employment, or
(b) a single arrangement (in the case of a way of working prescribed under subsection (1)(b)),
the number of hours for which the person works per week is the aggregate of the amounts calculated under subsection (3) in relation to each of the contracts or arrangements under which the person works.
(8) For the purposes of subsection (1)—
(a) a contract of employment is a short-term contract unless it—
(i) has a fixed term of 8 weeks or longer, or
(ii) does not have a fixed term but has been, or can reasonably be expected to be, in force for at least 8 weeks;
(b) an arrangement, in the case of a way of working prescribed under paragraph (b) of that subsection, is a short-term arrangement unless it has been, or can reasonably be expected to be, in force for at least 8 weeks.
(1) In this Part, “relevant training or education” means training or education towards an accredited qualification provided by a course or courses.
(2) For this purpose, “accredited qualification” means a qualification which has been accredited by the Qualifications and Curriculum Authority under section 24(2)(g) of the Education Act 1997 (c. 44) (functions of the Authority in relation to external vocational and academic qualifications).
(1) In this Part, “relevant period”, in relation to a person, means a period beginning with a start date and ending with the next end date.
(2) The following are start dates for the purposes of subsection (1)—
(a) a date on which subsection (4) starts to apply to the person;
(b) the date immediately following the end of a relevant period (if on that date that subsection still applies to the person).
(3) The following are end dates for the purposes of subsection (1)—
(a) a prescribed date;
(b) a date on which subsection (4) ceases to apply to the person.
(4) This subsection applies to a person at any time when—
(a) this Part applies to the person, and
(b) the person is not participating in education or training in accordance with section 2(1)(a) or (b).
(1) For the purposes of this Part, relevant training or education is “sufficient” in relation to any relevant period if it amounts in aggregate to—
(a) at least 280 hours of guided learning, in the case of a relevant period which is one year;
(b) such number of hours of guided learning as is determined in accordance with regulations, in the case of any other relevant period.
(2) For the purposes of this Part, a person participates in a particular number of hours of guided learning by—
(a) participating in actual guided learning for that number of hours, or
(b) completing a course or courses which can reasonably be expected to be adequate to enable persons completing it or them to achieve any standard required to attain an accredited qualification to which that number of hours of guided learning has been assigned.
(3) In subsection (2)—
“accredited qualification” has the meaning given by section 6(2);
“actual guided learning”, in relation to a person, means time the person spends—
being taught or given instruction by a lecturer, tutor, supervisor or other appropriate provider of training or education, or
otherwise participating in education or training under the immediate guidance or supervision of such a person,
but does not include time spent on unsupervised preparation or study, whether at home or otherwise;
“assigned” means assigned by the Qualifications and Curriculum Authority under subsection (2)(g) of section 24 of the Education Act 1997 (c. 44) (functions of the Authority in relation to external vocational and academic qualifications) by virtue of subsection (2B) of that section.
(4) Regulations may make provision for attributing to any relevant period a number of hours of guided learning in which a person participates (or is treated by the regulations as participating) by virtue of subsection (2)(b) in cases where courses do not begin and end during a single relevant period.
In section 24 of the Education Act 1997 (functions of Qualifications and Curriculum Authority in relation to external vocational and academic qualifications), after subsection (2A) insert—
“(2B) Any accreditation of a qualification under paragraph (g) of subsection (2) must assign to the qualification a number of notional hours (to be known as “the number of hours of guided learning”) representing an estimate of the amount of actual guided learning which could reasonably be expected to be required in order for persons to achieve the standard required to attain the qualification.
(2C) Accordingly, criteria published under paragraph (f) of that subsection must include criteria for the assignment of numbers of hours of guided learning to qualifications mentioned in that paragraph.
(2D) In subsection (2B), “actual guided learning” means time a person spends—
(a) being taught or given instruction by a lecturer, tutor, supervisor or other appropriate provider of training or education, or
(b) otherwise participating in education or training under the immediate guidance or supervision of such a person,
but does not include time spent on unsupervised preparation or study, whether at home or otherwise.”
A local education authority in England must ensure that its functions are (so far as they are capable of being so exercised) exercised so as to promote the effective participation in education or training of persons belonging to its area to whom this Part applies with a view to ensuring that those persons fulfil the duty imposed by section 2.
(1) The governing body of an institution in England to which this section applies must exercise its functions (so far as they are capable of being so exercised) so as to promote the participation, through regular attendance, of persons to whom this Part applies and for whom the institution provides education or training in that education or training.
(2) This section applies to—
(a) a community, foundation or voluntary school;
(b) a community or foundation special school;
(c) a pupil referral unit;
(d) an institution within the further education sector.
(3) For the purposes of this section, “governing body”—
(a) in relation to a pupil referral unit maintained by a local education authority, means any management committee established for the unit by virtue of paragraph 15 of Schedule 1 to the Education Act 1996 (c. 56) or, if there is no such committee, the authority, and
(b) in relation to an institution within the further education sector has the meaning given by section 90 of the Further and Higher Education Act 1992 (c. 13).
A local education authority in England must make arrangements to enable it to establish (so far as it is possible to do so) the identities of persons belonging to its area to whom this Part applies but who are failing to fulfil the duty imposed by section 2.
(1) Where—
(a) arrangements have been made for a person to whom this Part applies to participate in education or training provided by an educational institution in England,
(b) the person is not participating in that education or training at a time when the arrangements call for the person to be so participating, and
(c) the responsible person has reasonable cause to believe that in consequence of that failure to participate the person is failing to fulfil the duty imposed by section 2,
the responsible person must give notice to the appropriate service provider of those circumstances.
(2) Where a local education authority—
(a) itself provides services in exercise of its functions under section 68(1), and
(b) receives a notice under subsection (1) relating to a person to whom this Part applies who belongs to the area of another local education authority,
it must as soon as reasonably practicable give notice to the service provider for the other local education authority of the circumstances notified to it under subsection (1).
(3) Subsection (4) applies where, in exercise of its functions under section 68(3)(b), a local education authority makes arrangements with another person (“the provider”) for the provision of services.
(4) The arrangements must secure that, as soon as reasonably practicable after receiving a notice under subsection (1) relating to a person to whom this Part applies who belongs to the area of another local education authority, the provider gives notice to the service provider for the other local education authority of the circumstances notified to the provider under subsection (1).
(5) In this section—
“educational institution” means—
a community, foundation or voluntary school,
a community or foundation special school,
a city technology college, a city college for the technology of the arts or an Academy,
a pupil referral unit,
an institution within the further education sector, or
an institution in receipt of funding from the Learning and Skills Council for England;
“responsible person” means—
in relation to a school within paragraph (a) or (b) of the definition of “educational institution”, the governing body;
in relation to an institution within paragraph (c) or (f) of that definition, the proprietor;
in relation to a pupil referral unit, the local education authority by which it is maintained;
in relation to an institution within the further education sector, the governing body within the meaning given by section 90 of the Further and Higher Education Act 1992 (c. 13);
“service provider”, in relation to a local education authority, means—
where the authority itself provides services in exercise of its functions under subsection (1) of section 68, the authority;
where, in exercise of its functions under subsection (3)(b) of that section, the authority makes arrangements for the provision of services, the person providing those services;
“the appropriate service provider”, in relation to an educational institution, means the service provider of the local education authority in whose area the institution is situated.
(1) Relevant information about a pupil or student—
(a) who is attending an educational institution in England, and
(b) to whom this Part applies,
must, on request by a local education authority in England, be provided by the responsible person to the authority.
(2) A local education authority may request information under subsection (1) only for the purpose of enabling or assisting it to exercise its functions under this Part.
(3) For the purpose of subsection (1), “relevant information” means—
(a) the name, address and date of birth of the pupil or student;
(b) the name and address of a parent of the pupil or student;
(c) information in the institution’s possession about the pupil or student.
(4) Information within subsection (3)(c) must not be provided under subsection (1) if—
(a) the pupil or student concerned, in the case of a pupil or student who has attained the age of 16, or
(b) a parent of the pupil or student concerned, in the case of a pupil or student who has not attained the age of 16,
has instructed the responsible person not to provide information of that kind under this section.
(5) In this section, “educational institution” and “responsible person” have the same meanings as in section 13.
(1) Social security information may be supplied to a local education authority in England for the purpose of enabling or assisting the authority to exercise its functions under this Part.
(2) In this section “social security information” means personal information about a person which is held for the purposes of functions relating to social security—
(a) by the Secretary of State, or
(b) by a person providing services to the Secretary of State in connection with the provision of those services.
(3) For the purposes of subsection (2) “personal information”, in relation to a person, means—
(a) the person’s name, address and date of birth, and
(b) the name and address of a parent of the person.
(4) A person to whom information is supplied under subsection (1) commits an offence by disclosing the information unless the disclosure is made—
(a) for the purpose of enabling or assisting the exercise of any function of a local education authority under this Part,
(b) for the purpose of the provision of services in pursuance of section 68 or 70(1)(b),
(c) in accordance with section 17 or any other enactment or an order of a court or tribunal,
(d) for the purpose of actual or contemplated proceedings before a court or tribunal,
(e) with consent given by or on behalf of the person to whom the information relates, or
(f) 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 relating to a disclosure to prove that the person reasonably believed that the disclosure was lawful.
(6) A person guilty of an offence under this section is 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 12 months, to a fine not exceeding the statutory maximum or to both.
(7) In subsection (6)(b) the reference to 12 months is to be read in relation to an offence committed before the commencement of section 282 of the Criminal Justice Act 2003 (c. 44) (increase in maximum term that may be imposed on summary conviction of offence triable either way) as a reference to 6 months.
(1) Any of the persons or bodies mentioned in subsection (2) may supply information about a person to a local education authority in England for the purpose of enabling or assisting the authority to exercise its functions under this Part.
(2) Those persons and bodies are—
(a) a local authority,
(b) the Learning and Skills Council for England,
(c) a Primary Care Trust,
(d) a Strategic Health Authority,
(e) a chief officer of police,
(f) a provider of probation services,
(g) a local probation board, and
(h) a youth offending team.
(3) In this section—
“local probation board” means a local probation board established under section 4 of the Criminal Justice and Court Services Act 2000 (c. 43);
“youth offending team” means a team established under section 39 of the Crime and Disorder Act 1998 (c. 37).
(1) Any persons within subsection (2) may provide relevant information to each other.
(2) Those persons are—
(a) a local education authority in England, and
(b) a service provider of that authority.
(3) Information provided under subsection (1) may only be used by the person to whom it is provided for a purpose which is a relevant purpose in relation to that person.
(4) A local education authority in England may use relevant information held by it for any relevant purpose.
(5) A local education authority in England may provide relevant information to any other such authority for a purpose which is a relevant purpose in relation to that other authority.
(6) A service provider of a local education authority in England may provide relevant information to any other service provider of that or any other such authority for a purpose which is a relevant purpose in relation to that other service provider.
(7) In this section—
“relevant information”, in relation to a person providing or holding information, means information which—
is held by the person for a relevant purpose, and
is about a young person or a relevant young adult in England;
“relevant purpose”—
in relation to a local education authority, means the purpose of, or a purpose connected with, the exercise of any function of the authority—
under this Part, or
under or by virtue of sections 68 to 78;
in relation to a service provider of a local education authority (other than the authority in question), means the purpose of providing services of the kind mentioned in section 68(1);
“service provider”, in relation to a local education authority in England, means—
where the authority itself provides services in exercise of its functions under subsection (1) of section 68, the authority;
where, in exercise of its functions under subsection (3)(b) of that section, the authority makes arrangements for the provision of services, the person providing those services.
(8) In subsection (7)—
(a) “young person” means a person who has attained the age of 13 but not the age of 20, and
(b) “relevant young adult” means a person who—
(i) has attained the age of 20 but not the age of 25, and
(ii) has a learning difficulty;
and subsections (5) and (6) of section 13 of the Learning and Skills Act 2000 (c. 21) (construction of references to learning difficulties) apply for this purpose.
In exercising its functions under this Part, a local education authority must have regard to any guidance given by the Secretary of State.
(1) In this Chapter, “relevant contract of employment” means a contract of employment—
(a) under which the employee is required to work for at least 20 hours per week,
(b) which—
(i) has a fixed term of 8 weeks or longer, or
(ii) does not have a fixed term but can reasonably be expected to be, or has been, in force for at least 8 weeks, and
(c) under which the place of work, or one of the places where the employee may be required to work, is in England.
(2) But a contract is not a “relevant contract of employment” if—
(a) the employer has undertaken to provide the employee with sufficient relevant training or education in each relevant period, and
(b) by virtue of the contract, the employee is in full-time occupation for the purposes of this Part.
(1) For the purposes of this Chapter, a person to whom this Part applies has made appropriate arrangements for training or education if—
(a) the person has enrolled on a course or courses constituting relevant training or education (or arrangements have otherwise been made for the person to receive relevant training or education), or
(b) the person is participating in full-time education or training.
(2) References in this Chapter to appropriate arrangements made by the person are to the arrangements (of whatever kind and whether or not made by the person) for the person to receive the training or education in question.
(1) A person must not, as employer, enter into a relevant contract of employment with a person to whom this Part applies without being satisfied, having taken all such steps as are reasonable to ascertain, that the person has made appropriate arrangements for training or education.
(2) In the case of a relevant contract of employment which provides for commencement of the employment to be conditional on the employee’s having made such arrangements—
(a) subsection (1) does not apply, but
(b) the employer must not permit the employment to commence, at a time when the employee is a person to whom this Part applies, without being satisfied, having taken all such steps as are reasonable to ascertain, that the employee has made appropriate arrangements for training or education.
(3) Failure to comply with this section in relation to a contract of employment is not to be taken to affect the validity of the contract.