(1) After section 550A of the Education Act 1996 (c. 56) insert— Powers to search pupils Power of members of staff to search pupils for prohibited items: England 550ZA (1) This section applies where a member of staff of a school in England— (a) has reasonable grounds for suspecting that a pupil at the school may have a prohibited item with him or her or in his or her possessions; and (b) falls within section 550ZB(1). (2) The member of staff may search the pupil (“P”) or P's possessions for that item. (3) For the purposes of this section and section 550ZC each of the following is a “prohibited item”— (a) an article to which section 139 of the Criminal Justice Act 1988 applies (knives and blades etc); (b) an offensive weapon, within the meaning of the Prevention of Crime Act 1953; (c) alcohol, within the meaning of section 191 of the Licensing Act 2003; (d) a controlled drug, within the meaning of section 2 of the Misuse of Drugs Act 1971, which section 5(1) of that Act makes it unlawful for P to have in P's possession; (e) a stolen article; (f) an article of a kind specified in regulations. (4) In subsection (3)(e) “stolen”, in relation to an article, has the same meaning as it has by virtue of section 24 of the Theft Act 1968 in the provisions of that Act relating to goods which have been stolen. (5) In this section and section 550ZB— “member of staff”, in relation to a school, means— any teacher who works at the school; and any other person who, with the authority of the head teacher, has lawful control or charge of pupils for whom education is being provided at the school; “possessions”, in relation to P, includes any goods over which P has or appears to have control. (6) The powers conferred by this section and sections 550ZB and 550ZC are in addition to any powers exercisable by the member of staff in question apart from those sections and are not to be construed as restricting such powers. Power of search under section 550ZA: supplementary 550ZB (1) A person may carry out a search under section 550ZA only if that person— (a) is the head teacher of the school; or (b) has been authorised by the head teacher to carry out the search. (2) An authorisation for the purposes of subsection (1)(b) may be given in relation to— (a) searches under section 550ZA generally; (b) a particular search under that section; (c) a particular description of searches under that section. (3) Nothing in any enactment, instrument or agreement shall be construed as authorising a head teacher of a school in England to require a person other than a member of the security staff of the school to carry out a search under section 550ZA. (4) A search under section 550ZA may be carried out only where— (a) the member of staff and P are on the premises of the school; or (b) they are elsewhere and the member of staff has lawful control or charge of P. (5) A person exercising the power in section 550ZA may use such force as is reasonable in the circumstances for exercising that power. (6) A person carrying out a search of P under section 550ZA— (a) may not require P to remove any clothing other than outer clothing; (b) must be of the same sex as P; (c) may carry out the search only in the presence of another member of staff; and (d) must ensure that the other member of staff is of the same sex as P if it is reasonably practicable to do so. (7) P's possessions may not be searched under section 550ZA except in the presence of— (a) P; and (b) another member of staff. (8) In this section— “member of the security staff”, in relation to a school, means a member of staff whose work at the school consists wholly or mainly of security-related activities; “outer clothing” means— any item of clothing that is being worn otherwise than wholly next to the skin or immediately over a garment being worn as underwear; or a hat, shoes, boots, gloves or a scarf. Power to seize items found during search under section 550ZA 550ZC (1) A person carrying out a search under section 550ZA may seize any of the following found in the course of the search— (a) anything which that person has reasonable grounds for suspecting is a prohibited item; (b) any other thing which that person has reasonable grounds for suspecting is evidence in relation to an offence. (2) A person exercising the power in subsection (1) may use such force as is reasonable in the circumstances for exercising that power. (3) A person who seizes alcohol under subsection (1) may retain or dispose of the alcohol and its container. (4) A person who seizes a controlled drug under subsection (1)— (a) must (subject to paragraph (b)) deliver it to a police constable as soon as reasonably practicable; but (b) may dispose of it if the person thinks that there is a good reason to do so. (5) A person who seizes a stolen article under subsection (1)— (a) must (subject to paragraph (b)) deliver it to a police constable as soon as reasonably practicable; but (b) may return it to its owner (or, if returning it to its owner is not practicable, may retain it or dispose of it) if the person thinks that there is a good reason to do so. (6) In determining, for the purposes of subsections (4) and (5), whether there is a good reason to dispose of a controlled drug or to return a stolen article to its owner, retain it or dispose of it, the person must have regard to any guidance issued by the Secretary of State. (7) Regulations may prescribe what must or may be done by a person who, under subsection (1), seizes an article of a kind specified in regulations under section 550ZA(3)(f) (or an article which the person has reasonable grounds for suspecting to be such an article). (8) A person who, under subsection (1), seizes— (a) an article to which section 139 of the Criminal Justice Act 1988 applies (knives and blades etc); (b) an offensive weapon; or (c) anything which that person has reasonable grounds for suspecting is evidence in relation to an offence; must deliver it to a police constable as soon as reasonably practicable. (9) Subsection (8)(c) is subject to subsections (3), (4) and (5) and regulations made under subsection (7). (10) In subsections (3) to (8), references to alcohol, a controlled drug, a stolen article, an article to which section 139 of the Criminal Justice Act 1988 applies and an offensive weapon include references to anything which the person has reasonable grounds for suspecting is alcohol, a controlled drug, a stolen article, an article to which section 139 of the Criminal Justice Act 1988 applies or an offensive weapon. Section 550ZC: supplementary 550ZD (1) The Police (Property) Act 1897 (disposal of property in the possession of the police) applies to property which has come into the possession of a police constable under section 550ZC(4)(a), (5)(a) or (8) as it applies to property which has come into the possession of the police in the circumstances mentioned in that Act. (2) Subsection (3) applies where a person— (a) seizes, retains or disposes of alcohol or its container, a controlled drug or a stolen article under section 550ZC; and (b) proves that the seizure, retention or disposal was lawful. (3) That person is not liable in any proceedings in respect of— (a) the seizure, retention or disposal; or (b) any damage or loss which arises in consequence of it. (4) Subsections (2) and (3) do not prevent any person from relying on any defence on which the person is entitled to rely apart from those subsections. (5) Regulations under section 550ZC(7) may make provision corresponding to any provision of this section. (2) In section 569 of the Education Act 1996 (c. 56) (regulations)— (a) in subsection (2) after “this Act,” insert “ other than one falling within subsection (2A), ”, and (b) after subsection (2) insert— (2A) A statutory instrument which contains (whether alone or with other provision) regulations under section 550ZA or 550ZC may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament. (3) In section 94(3) of the Education and Inspections Act 2006 (c. 40) (provision to apply where items confiscated from pupils) before “550AA” insert “ 550ZC or ”.

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243 Power of members of staff to search pupils for weapons: Wales

(1) Section 550AA of the Education Act 1996 (c. 56) (power of members of staff to search pupils for weapons) is amended as follows. (2) At the end of the title insert “ : Wales ”. (3) In each of subsections (1) and (4) after “a school” insert “ in Wales ”.

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244 Power of members of staff to search students for prohibited items: England

(1) After section 85A of the Further and Higher Education Act 1992 (c. 13) insert— Power of members of staff to search students for prohibited items: England 85AA (1) This section applies where a member of staff of an institution within the further education sector in England— (a) has reasonable grounds for suspecting that a student at the institution may have a prohibited item with him or her or in his or her possessions; and (b) falls within section 85AB(1). (2) The member of staff may search the student (“S”) or S's possessions for that item (but this is subject to subsection (5)). (3) For the purposes of this section and section 85AC each of the following is a “prohibited item”— (a) an article to which section 139 of the Criminal Justice Act 1988 applies (knives and blades etc); (b) an offensive weapon, within the meaning of the Prevention of Crime Act 1953; (c) alcohol, within the meaning of section 191 of the Licensing Act 2003; (d) a controlled drug, within the meaning of section 2 of the Misuse of Drugs Act 1971, which section 5(1) of that Act makes it unlawful for S to have in S's possession; (e) a stolen article; (f) an article of a kind specified in regulations. (4) In subsection (3)(e) “stolen”, in relation to an article, has the same meaning as it has by virtue of section 24 of the Theft Act 1968 in the provisions of that Act relating to goods which have been stolen. (5) A member of staff may not under this section search S or S's possessions for alcohol if S is aged 18 or over. (6) In this section and section 85AB— “member of staff”, in relation to an institution within the further education sector, means any person who works at that institution whether or not as its employee; “possessions”, in relation to S, includes any goods over which S has or appears to have control. (7) The powers conferred by this section and sections 85AB and 85AC are in addition to any powers exercisable by the member of staff in question apart from those sections and are not to be construed as restricting such powers. Power of search under section 85AA: supplementary 85AB (1) A person may carry out a search under section 85AA only if that person— (a) is the principal of the institution; or (b) has been authorised by the principal to carry out the search. (2) An authorisation for the purposes of subsection (1)(b) may be given in relation to— (a) searches under section 85AA generally; (b) a particular search under that section; (c) a particular description of searches under that section. (3) Nothing in any enactment, instrument or agreement shall be construed as authorising a principal of an institution within the further education sector in England to require a person other than a member of the security staff of the institution to carry out a search under section 85AA. (4) A search under section 85AA may be carried out only where— (a) the member of staff and S are on the premises of the institution; or (b) they are elsewhere and the member of staff has lawful control or charge of S. (5) A person exercising the power in section 85AA may use such force as is reasonable in the circumstances for exercising that power. (6) A person carrying out a search of S under section 85AA— (a) may not require S to remove any clothing other than outer clothing; (b) must be of the same sex as S; (c) may carry out the search only in the presence of another member of staff; and (d) must ensure that the other member of staff is of the same sex as S if it is reasonably practicable to do so. (7) S's possessions may not be searched under section 85AA except in the presence of— (a) S; and (b) another member of staff. (8) In this section— “member of the security staff”, in relation to an institution, means a member of staff whose work at the institution consists wholly or mainly of security-related activities; “outer clothing” means— any item of clothing that is being worn otherwise than wholly next to the skin or immediately over a garment being worn as underwear; or a hat, shoes, boots, gloves or a scarf. Power to seize items found during search under section 85AA 85AC (1) A person carrying out a search under section 85AA may seize any of the following found in the course of the search— (a) anything which that person has reasonable grounds for suspecting is a prohibited item; (b) any other thing which that person has reasonable grounds for suspecting is evidence in relation to an offence, but may not seize alcohol from S under this section where S is aged 18 or over. (2) A person exercising the power in subsection (1) may use such force as is reasonable in the circumstances for exercising that power. (3) A person who seizes alcohol under subsection (1) may retain or dispose of the alcohol and its container. (4) A person who seizes a controlled drug under subsection (1)— (a) must (subject to paragraph (b)) deliver it to a police constable as soon as reasonably practicable; but (b) may dispose of it if the person thinks that there is a good reason to do so. (5) A person who seizes a stolen article under subsection (1)— (a) must (subject to paragraph (b)) deliver it to a police constable as soon as reasonably practicable; but (b) may return it to its owner (or, if returning it to its owner is not practicable, may retain it or dispose of it) if the person thinks that there is a good reason to do so. (6) In determining, for the purposes of subsections (4) and (5), whether there is a good reason to dispose of a controlled drug or to return a stolen article to its owner, retain it or dispose of it, the person must have regard to any guidance issued by the Secretary of State. (7) Regulations may prescribe what must or may be done by a person who, under subsection (1), seizes an article of a kind specified in regulations under section 85AA(3)(f) (or an article which the person has reasonable grounds for suspecting to be such an article). (8) A person who, under subsection (1), seizes— (a) an article to which section 139 of the Criminal Justice Act 1988 applies (knives and blades etc); (b) an offensive weapon; or (c) anything which that person has reasonable grounds for suspecting is evidence in relation to an offence; must deliver it to a police constable as soon as reasonably practicable. (9) Subsection (8)(c) is subject to subsections (3), (4) and (5) and regulations made under subsection (7). (10) In subsections (3) to (8), references to alcohol, a controlled drug, a stolen article, an article to which section 139 of the Criminal Justice Act 1988 applies and an offensive weapon include references to anything which a person has reasonable grounds for suspecting is alcohol, a controlled drug, a stolen article, an article to which section 139 of the Criminal Justice Act 1988 applies or an offensive weapon. Section 85AC: supplementary 85AD (1) The Police (Property) Act 1897 (disposal of property in the possession of the police) applies to property which has come into the possession of a police constable under section 85AC(4)(a), (5)(a) or (8) as it applies to property which has come into the possession of the police in the circumstances mentioned in that Act. (2) Subsection (3) applies where a person— (a) seizes, retains or disposes of alcohol or its container, a controlled drug or a stolen article under section 85AC; and (b) proves that the seizure, retention or disposal was lawful. (3) That person is not liable in any proceedings in respect of— (a) the seizure, retention or disposal; or (b) any damage or loss which arises in consequence of it. (4) Subsections (2) and (3) do not prevent any person from relying on any defence on which the person is entitled to rely apart from those subsections. (5) Regulations under section 85AC(7) may make provision corresponding to any provision of this section. (2) In section 89 of the Further and Higher Education Act 1992 (c. 13) (regulations etc)— (a) in subsection (3) after “other than” insert “ one falling within subsection (3A) or ”, and (b) after subsection (3) insert— (3A) A statutory instrument which contains (whether alone or with other provision) regulations under section 85AA or 85AC may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

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245 Power of members of staff to search students for weapons: Wales

(1) Section 85B of the Further and Higher Education Act 1992 (power to search further education students for weapons) is amended as follows. (2) At the end of the title insert “ : Wales ”. (3) In subsection (1) after “an institution within the further education sector” insert “ in Wales ”.

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246 Recording and reporting the use of force in schools: England

After section 93 of the Education and Inspections Act 2006 (c. 40) (power of members of staff to use force) insert— Recording and reporting the use of force by members of staff: England 93A (1) The governing body of a school in England must ensure that a procedure is in place for— (a) recording each significant incident in which a member of the staff uses force on a pupil for whom education is being provided at the school (a “use of force incident”); and (b) reporting each use of force incident (except those where the pupil is aged 20 or over or provision made under subsection (5) applies) to each parent of the pupil as soon as practicable after the incident. (2) The governing body must take all reasonable steps to ensure that the procedure is complied with. (3) The procedure must require that a record of a use of force incident is made in writing as soon as practicable after the incident. (4) In discharging their duty under subsection (1), the governing body must have regard to any guidance issued by the Secretary of State for the purposes of that subsection. (5) A procedure under subsection (1) must include provision to the effect— (a) that a person (“R”) who would otherwise be required by the procedure to report an incident to a parent must not report it to that parent if it appears to R that doing so would be likely to result in significant harm to the pupil; and (b) that if it appears to R that there is no parent of the pupil to whom R could report the incident without that being likely to result in significant harm to the pupil, R must report the incident to the local authority ... within whose area the pupil is ordinarily resident. (6) In deciding for the purposes of provision made under subsection (5) whether reporting an incident to a parent would be likely to result in significant harm to the pupil, R must have regard to any guidance issued by the Secretary of State about the meaning of “significant harm” for those purposes. (7) In this section— “governing body”, in relation to a school which is not a maintained school, means the proprietor of the school; “maintained school” means— a community, foundation or voluntary school; a community or foundation special school; a maintained nursery school; “parent”, in relation to a pupil, has the meaning given by section 576 of EA 1996 in relation to a child or young person, but includes a local authority which provides accommodation for the pupil under section 20 of the Children Act 1989.

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249 Regulations about pupil referral units

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) After paragraph 3 of Schedule 1 to the Education Act 1996 (c. 56) (short stay schools: further provision) insert— 3A Regulations may also— (a) require a local authority in England to obtain the consent of the Secretary of State, in specified circumstances, to the closure of a short stay school; (b) confer a power on the Secretary of State to give directions to a local authority in England about the exercise of— (i) their functions under section 19; (ii) their functions under any enactment applied to short stay schools (with or without modifications) by regulations under paragraph 3; (iii) any other function connected with short stay schools; (c) require a local authority to comply with such directions.

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251 Information about planned and actual expenditure

(1) The Secretary of State may direct a local authority in England to provide information about its planned and actual expenditure in connection with— (a) its education functions; (b) its children's social services functions. (2) The Secretary of State may also direct a local authority in England to provide information about accountable resources held, received or expended by any person in relation to a school maintained by the authority. (3) Information to which a direction under this section relates must be provided in accordance with the direction. (4) A direction under this section may (in particular) include provision about— (a) the period to which information is to relate; (b) the form and manner in which information is to be provided; (c) the persons to whom information is to be provided; (d) the publication of information. (5) If a direction under this section requires information to be provided to a person other than the Secretary of State, the direction may also require that person to make the information available for inspection in accordance with the direction.

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252 Information about expenditure: supplementary

(1) This section applies for the purposes of section 251. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) The children's social services functions of a local authority in England are— (a) functions conferred on or exercisable by the authority which are social services functions, so far as those functions relate to children; (b) functions conferred on the authority under sections 23C to 24D of the Children Act 1989 (c. 41), so far as not within paragraph (a); (c) functions conferred on the authority ... under sections 10 to 12, 12C, 12D and 17A of the Children Act 2004 (c. 31). (4) “Accountable resources”, in relation to a school maintained by a local authority, means resources that are not provided by the authority in the exercise of its education functions, but in respect of which an obligation is imposed on the school's governing body by virtue of regulations under section 44 of the Education Act 2002 (c. 32) (accounts of maintained schools). (5) The Secretary of State may by order amend this section for one or more of the following purposes— (za) specifying additional functions which are to be treated as education functions (a) adding to the functions that are ... children's social services functions; (b) removing or changing the description of functions that are education functions or children's social services functions. (6) In this section— ......... “social services functions” has the same meaning as in the Local Authority Social Services Act 1970 (c. 42) (see section 1A of that Act).

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253 Information about expenditure: consequential amendments

(1) The School Standards and Framework Act 1998 (c. 31) is amended as follows. (2) In section 52 (the title of which becomes “Financial statements: Wales”), in subsections (1) and (2) after “local authority” insert “ in Wales ”. (3) Omit section 53 (certification of statements by Audit Commission).

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253A Qualifications

(1) A person in England may, in prescribed circumstances, provide student information of a prescribed description to— (a) the Secretary of State, (b) an information collator, (c) a prescribed person, or (d) a person falling within a prescribed category. (2) A person in Wales may, in prescribed circumstances, provide student information of a prescribed description to— (a) the Welsh Ministers, (b) an information collator, (c) a prescribed person, or (d) a person falling within a prescribed category. (3) In subsection (2) “prescribed” means prescribed in regulations made by the Welsh Ministers. (4) Subject to subsection (5)(a), information received under or by virtue of this section is not to be published in any form which identifies the individual to whom it relates. (5) This section— (a) does not affect any power to provide or publish information which exists apart from this section, and (b) is subject to any express restriction on the provision of information imposed by another enactment. (6) In this section— “information collator” means any body which, for the purposes of or in connection with functions of the Secretary of State or the Welsh Ministers, is responsible for collating or checking information relating to regulated qualifications or relevant qualifications; “regulated qualification” has the meaning given by section 130(1); “relevant qualification” has the meaning given to “qualification” by section 56 of the Qualifications Wales Act 2015 ; “student information” means information (whether obtained under this section or otherwise) relating to an individual who is seeking or has sought to obtain, or has obtained, a regulated qualification or a relevant qualification

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254 Provision of social security information for purposes of functions under Education and Skills Act 2008

(1) The Education and Skills Act 2008 (c. 25) is amended as follows. (2) Omit section 15 (supply of social security information for purposes of Part 1). (3) Section 17 (sharing and use of information held for purposes of support services or functions under Part 1) is amended as follows. (4) In subsection (1), for “provide relevant information to each other” substitute — (a) provide relevant information to each other; (b) make arrangements for the holding by either of them of information provided, or which could be provided, under paragraph (a). (5) In subsection (7), in the definition of “relevant information”, after paragraph (b), insert— “but does not include information provided under section 72 of the Welfare Reform and Pensions Act 1999;”. (6) At the end add— (9) Nothing in this section authorises the disclosure of any information in contravention of any provision of, or made under, this or any other Act (whenever passed or made) which prevents disclosure of the information. (7) Section 76 (supply of social security information for purposes of support services) is amended as follows. (8) Omit subsection (1). (9) For subsections (3) and (4) substitute— (3) For the purposes of subsection (2), “personal information” in relation to a young person, means the person's name, address and date of birth. (3A) The Secretary of State may make arrangements with a person for the supply of social security information for the purposes of the provision of services for young persons in pursuance of section 68 or 70(1)(b). (3B) Social security information may be supplied to— (a) the Secretary of State, or (b) a person providing services to the Secretary of State under subsection (3A). (3C) A person to whom social security information is supplied under subsection (3B) may supply the information to a local authority or other person involved in the provision of services for young persons or relevant young adults in pursuance of section 68 or 70(1)(b) for the purpose of the provision of those services. (3D) Information supplied to a person in reliance on subsection (3C) or this subsection may be supplied in accordance with, or with arrangements made under, section 17(1). (3E) Information supplied to a person in reliance on subsection (3B), (3C) or (3D) may be disclosed— (a) for the purpose of the provision of services in pursuance of section 68 or 70(1)(b), (b) for the purpose of enabling or assisting the exercise of any function of a local authority under Part 1, (c) in accordance with any provision of, or made under, any other Act, (d) in accordance with an order of a court or tribunal, (e) for the purpose of actual or contemplated proceedings before a court or tribunal, (f) with consent given by or on behalf of the person to whom the information relates, or (g) in such a way as to prevent the identification of the person to whom it relates. (4) It is an offence for a person to disclose restricted information otherwise than in accordance with this section. (4A) For the purposes of subsection (4), “restricted information”, in relation to a person, means information that was disclosed to the person— (a) in reliance on subsection (3B), (3C) or (3D), or (b) in circumstances that constitute an offence under this section.

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255 Provision of other information in connection with support services

(1) The Education and Skills Act 2008 (c. 25) is amended as follows. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) After section 76 insert— Supply of information by Secretary of State or person providing services 76A (1) The Secretary of State may make arrangements with any other person for the holding and supply of information in connection with, or for the purposes of, the provision of services in pursuance of section 68 or 70(1)(b). (2) In this section “relevant information”, in relation to a person by whom services are provided under section 68 or 70(1)(b), means information which— (a) is obtained by a person involved in the provision of those services in, or in connection with, the provision of those services, (b) relates to a person for whom those services are provided; but does not include information provided under section 72 of the Welfare Reform and Pensions Act 1999. (3) Relevant information may be supplied to— (a) the Secretary of State, or (b) a person providing services to the Secretary of State under this section. (4) Information supplied under subsection (3) may be supplied to any person involved in the provision of services in pursuance of section 68 or 70(1)(b) for the purposes of the provision of those services. (5) Except as provided by subsection (4), information supplied in reliance on subsection (3) must not be disclosed in such a way that the identity of the individual is disclosed to, or capable of being discovered by, the person to whom it is disclosed. (6) Nothing in this section authorises the disclosure of any information in contravention of any provision of, or made under, this or any other Act (whenever passed or made) which prevents disclosure of the information.

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256 Further education corporations in England: co-operation and promotion of well-being

(1) The Further and Higher Education Act 1992 (c. 13) is amended as follows. (2) In section 19 (supplementary powers of a further education corporation), after subsection (8) add— (9) A further education corporation may provide advice or assistance to any other person where it appears to the corporation to be appropriate for them to do so for the purpose of or in connection with the provision of education by the other person. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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257 Student loans under the 1998 Act: IVAs

(1) The Teaching and Higher Education Act 1998 (c. 30) is amended as set out in subsections (2) and (3). (2) In section 22(3) (new arrangements for giving financial support to students), after paragraph (f) insert— (g) with respect to sums which a borrower receives, or is entitled to receive, under such a loan before or after a voluntary arrangement under Part 8 of the Insolvency Act 1986 or Part 8 of the Insolvency (Northern Ireland) Order 1989 (individual voluntary arrangements) takes effect in respect of the borrower; (h) excluding or modifying the application of Part 8 of that Act, or Part 8 of that Order, in relation to liability to make repayments in respect of such a loan (whether the repayments relate to sums which the borrower receives, or is entitled to receive, before or after a voluntary arrangement takes effect in respect of the borrower). (3) In section 46(8) (provisions extending to Northern Ireland), in the entry relating to section 22, for “(3)(e) or (f)” substitute “ (3)(e), (f), (g) or (h) ”. (4) Nothing in this section affects a voluntary arrangement that takes effect before this section comes into force.

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258 Student loans under the 1990 Act: IVAs and bankruptcy

(1) Subsections (2) to (5) have effect in relation to the Education (Student Loans) Act 1990 (c. 6) to the extent that that Act continues in force by virtue of any savings made, in connection with its repeal by the Teaching and Higher Education Act 1998 (c. 30), by an order under section 46(4) of that Act. (2) In Schedule 2 (loans for students), in paragraph 5(1) for “or 310” substitute “ , 310 or 310A ”. (3) In Schedule 2, after paragraph 5 insert— 5A (1) This paragraph applies to a sum by way of public sector student loan or subsidised private sector student loan that a person (“the debtor”) receives or is entitled to receive before or after a voluntary arrangement under Part 8 of the Insolvency Act 1986 takes effect in respect of the debtor. (2) The sum is to be ignored for the purposes of the voluntary arrangement. 5B (1) Part 8 of the Insolvency Act 1986 (individual voluntary arrangements) has effect in relation to a student loan debt with the following modifications. (2) A student loan debt is to be treated as not included among the debtor's debts. (3) A person to whom a student loan debt is owed is to be treated as not being one of the debtor's creditors. (4) A “student loan debt” is a debt or liability to which a debtor is or may become subject in respect of a public sector student loan or subsidised private sector student loan. (4) In Schedule 2, after paragraph 6 insert— Insolvency: Northern Ireland 7 (1) There shall not be treated as part of a bankrupt's estate or claimed for his estate under article 280 or 283 of the Insolvency (Northern Ireland) Order 1989 any sums to which this paragraph applies that the bankrupt receives or is entitled to receive after the commencement of the bankruptcy. (2) No debt or liability to which a bankrupt is or may become subject in respect of a sum to which this paragraph applies shall be included in the bankrupt's bankruptcy debts. (3) This paragraph applies to a sum by way of public sector student loan or subsidised private sector student loan payable to the bankrupt pursuant to an agreement entered into by the bankrupt before or after the commencement of the bankruptcy. 8 (1) This paragraph applies to a sum by way of public sector student loan or subsidised private sector student loan that a person (“the debtor”) receives or is entitled to receive before or after a voluntary arrangement under Part 8 of the Insolvency (Northern Ireland) Order 1989 takes effect in respect of the debtor. (2) The sum is to be ignored for the purposes of the voluntary arrangement. 9 (1) Part 8 of the Insolvency (Northern Ireland) Order 1989 (individual voluntary arrangements) has effect in relation to a student loan debt with the following modifications. (2) A student loan debt is to be treated as not included among the debtor's debts. (3) A person to whom a student loan debt is owed is to be treated as not being one of the debtor's creditors. (4) A “student loan debt” is a debt or liability to which a debtor is or may become subject in respect of a public sector student loan or subsidised private sector student loan. (5) In section 4, for subsection (4) (extent) substitute— (4) This Act does not extend to Northern Ireland, with the following exceptions— (a) section 1, so far as necessary for the purpose of defining “public sector student loan” and “subsidised private sector student loan”; (b) section 2; (c) as respects institutions in Northern Ireland, the power to make regulations under paragraph 2 of Schedule 2; (d) paragraphs 7 to 9 of Schedule 2. (6) Nothing in this section affects a voluntary arrangement that takes effect, or a bankruptcy that commences, before this section comes into force.

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259 Power to award foundation degrees: Wales

(1) In section 76(1)(b) of the Further and Higher Education Act 1992 (c. 13) (power of Privy Council to specify further education institutions in England that may award foundation degrees) omit “in England”. (2) Within the period of four years beginning with the commencement of subsection (1) of this section, the Welsh Ministers must lay before the National Assembly for Wales a report about its effect.

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261 Local Government Act 1974: minor amendment

In paragraph 5(2) of Schedule 5 to the Local Government Act 1974 (c. 7) (exclusion of matters relating to teaching etc. in any school maintained by local authority), after “authority” insert “ , except so far as relating to special educational needs (within the meaning given by section 312 of the Education Act 1996) ”.

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262 Orders and regulations

(1) A power to make an order or regulations under Chapter 1 of Part 1, or Part 3 or 4 , or section 253A — (a) so far as exercisable by the Secretary of State, the Welsh Ministers or the Scottish Ministers, is exercisable by statutory instrument; (b) so far as exercisable by the Department for Employment and Learning in Northern Ireland, is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)). (2) Any other power of the Secretary of State to make an order or regulations under this Act is exercisable by statutory instrument. (3) A power of the Secretary of State or the Welsh Ministers to make an order or regulations under this Act (except a power conferred by section 17, 22 or 269) includes power— (a) to make different provision for different purposes (including different areas); (b) to make provision generally or in relation to specific cases; (c) to make incidental, consequential, supplementary, transitional, transitory or saving provision. (3A) An order under section 83A(12) may amend, repeal or revoke any provision of, or in an instrument made under, this or any other Act. (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) Subject to subsections (6) to (8), a statutory instrument containing an order or regulations made by the Secretary of State under any provision of this Act (other than an order under section 269) is subject to annulment in pursuance of a resolution of either House of Parliament. (6) A statutory instrument which contains (whether alone or with other provision) any of the following may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament— (za) the first regulations under section A9; (zb) the first regulations under section A10; (aa) regulations under section 1(5); (aza) regulations under section 40AA; (azb) regulations under section 40AB; (aaa) regulations under section 40B; (aab) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (ab) an order under section 83A(12); (b) an order under section 88 or paragraph 9 of Schedule 5; (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (d) an order under section 130(5); (e) an order under section 141(1); (ea) an order under section 151B(2); (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (g) an order under section 252(5); (h) an order under section 265 which amends or repeals any provision of an Act. (7) Subsections (5) and (6) do not apply to a statutory instrument which contains only— (a) an order revoking an order under section 141(1), or (b) an order amending an order under section 141(1) for the purpose only of removing a qualification or description of qualification from the application of the order. (8) A statutory instrument within subsection (7) must be laid before Parliament. (9) Subject to subsection (10), a statutory instrument containing an order or regulations made by the Welsh Ministers under Chapter 1 of Part 1 (other than an order under section 10) or under section 68 , 107 or 253A is subject to annulment in pursuance of a resolution of the National Assembly for Wales. (10) A statutory instrument which contains (whether alone or with other provision) regulations under section 2(5) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales. (11) A statutory instrument containing an order made by the Scottish Ministers under section 68 or 107 is subject to annulment in pursuance of a resolution of the Scottish Parliament. (12) A statutory rule containing an order made by the Department for Employment and Learning in Northern Ireland under section 68 or 107 is to be subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.)) as if it were a statutory instrument within the meaning of that Act. (13) If a draft of an instrument containing an order under paragraph 9 of Schedule 5 would, apart from this subsection, be treated for the purposes of the Standing Orders of either House of Parliament as a hybrid instrument, it is to proceed in that House as if it were not a hybrid instrument.

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263 Directions

A direction given under this Act— (a) may be amended or revoked by the person or body by whom it is given; (b) may make different provision for different purposes.

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264 General interpretation of Act

(1) In this Act, unless the context otherwise requires— “prescribed” means prescribed by regulations; “regulations” means regulations made by the Secretary of State. (2) Subject to subsections (4) and (5), the Education Act 1996 (c. 56) and the provisions of this Act specified in subsection (3) are to be construed as if those provisions were contained in that Act. (3) The provisions are— (a) Parts 3, 4 and 5; (b) Parts 7 and 8; (c) Chapter 4 of Part 10; (d) sections 248, 251 and 252. (4) Section 562 of the Education Act 1996 (Act not to apply to certain persons detained under order of a court) does not apply to functions of the Secretary of State under Part 4. (5) If— (a) an expression is given a meaning for the purposes of a provision within subsection (3) (its “local meaning”), and (b) that meaning is different from the meaning given to it for the purposes of the Education Act 1996 (its “1996 Act meaning”), the expression's local meaning applies instead of its 1996 Act meaning. (6) Unless the context otherwise requires, a reference in this Act to— (a) a community, foundation or voluntary school, or (b) a community or foundation special school, is to such a school within the meaning of the School Standards and Framework Act 1998 (c. 31).

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265 Power to make consequential and transitional provision etc.

(1) The Secretary of State may by order make— (a) such supplementary, incidental or consequential provision, or (b) such transitory, transitional or saving provision, as the Secretary of State thinks appropriate for the general purposes, or any particular purpose, of this Act or in consequence of, or for giving full effect to, any provision made by this Act. (2) An order under this section may in particular— (a) provide for any provision of this Act which comes into force before another provision made by or under this or any other Act has come into force to have effect, until that other provision has come into force, with specified modifications; (b) amend, repeal, revoke or otherwise modify any provision of— (i) an Act passed before or in the same Session as this Act, or (ii) an instrument made under an Act before the passing of this Act. (3) Nothing in this section limits the powers conferred by section 262(3)(c) or 269(8)(b). (4) The amendments that may be made by virtue of subsection (2)(b) are in addition to those that are made by any other provision of this Act.

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266 Repeals and revocations

Schedule 16 contains repeals and revocations (including repeals and revocations of spent provisions).

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267 Financial provisions

(1) There are to be paid out of money provided by Parliament— (a) any expenditure incurred by virtue of this Act by the Secretary of State, (b) any expenditure incurred by virtue of this Act by the Office of Qualifications and Examinations Regulation, and (c) any increase attributable to this Act in the sums payable by virtue of any other Act out of money provided by Parliament. (2) Any sums received by the Secretary of State by virtue of Chapter A1 of Part 1, section 78(3)(c), paragraph 18(3)(d) of Schedule 3 or paragraph 6(3)(d) of Schedule 4 are to be paid into the Consolidated Fund.

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268 Extent

(1) This Act extends to England and Wales only, subject to subsections (2) to (4). (2) Section 40, Part 1A, sections 68, 69, 107, 108 and this Part also extend to Scotland. (3) Part 1A, sections 68, 70, 107, 109, Part 7, sections 257 and 258 and this Part also extend to Northern Ireland. (4) An amendment, repeal or revocation made by this Act has the same extent as the provision to which it relates.

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269 Commencement

(1) This Part (except section 266) comes into force on the day on which this Act is passed. (2) The following provisions of this Act come into force at the end of two months beginning with the day on which this Act is passed— (a) section 58 (and the associated entries in Schedule 16); (b) sections 198 to 201. (3) The following provisions of this Act come into force on such day as the Welsh Ministers may by order appoint— (a) sections 2 and 7 to 10; (b) sections 11 and 12, so far as relating to Wales; (c) sections 18 to 22; (d) sections 28 to 31; (e) section 39, so far as relating to Wales; (f) sections 48 to 52, so far as relating to Wales; (g) paragraphs 54 to 56 of Schedule 6, so far as relating to Wales; (h) paragraphs 11, 13 and 27 of Schedule 12, so far as relating to Wales (and the associated entries in Schedule 16); (i) paragraphs 14 to 19 and 29 of Schedule 12 (and the associated entries in Schedule 16); (j) sections 174 and 192 so far as they relate to the paragraphs of Schedule 12 mentioned in paragraphs (h) and (i); (k) section 205 and Schedule 14; (l) section 259 (and the associated entry in Schedule 16); (m) section 260; (n) section 266, so far as it relates to the entries in Schedule 16 mentioned in paragraphs (h), (i) and (l). (4) The other provisions of this Act come into force on such day as the Secretary of State may by order appoint. (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6) Before making an order under subsection (4) bringing into force any provision of Part 7 which confers functions on the Office of Qualifications and Examinations Regulation in relation to Northern Ireland, the Secretary of State must consult the Department for Employment and Learning in Northern Ireland. (7) The powers conferred by this section are exercisable by statutory instrument. (8) An order under this section may— (a) appoint different days for different purposes (including different areas); (b) contain transitional, transitory or saving provision in connection with the coming into force of this Act.

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270 Short title

(1) This Act may be cited as the Apprenticeships, Skills, Children and Learning Act 2009. (2) This Act is to be included in the list of Education Acts set out in section 578 of the Education Act 1996 (c. 56).

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Schedule A1 The Institute for Apprenticeships

Status 1 The IfA is to perform its functions on behalf of the Crown. Membership 2 (1) The IfA is to consist of— (a) a member appointed by the Secretary of State to chair the IfA (“the chair”); (b) the chief executive appointed in accordance with paragraph 5; (c) at least 4 and no more than 10 other members appointed by the Secretary of State. (2) The chair and members appointed under sub-paragraph (1)(c) are referred to in this Schedule as the “non-executive members”. Tenure of non-executive members 3 (1) The non-executive members hold and vacate office in accordance with the terms of their appointment. (2) Those terms are to be determined by the Secretary of State, subject to the following provisions of this Schedule. (3) A non-executive member must not be appointed for a term of more than five years. (4) A non-executive member may resign from office at any time by giving written notice to the Secretary of State. (5) The Secretary of State may remove a non-executive member from office on either of the following grounds— (a) inability or unfitness to carry out the duties of office; (b) absence from the IfA's meetings for a continuous period of more than 6 months without the IfA's permission. (6) The previous appointment of a person as a non-executive member does not affect the person's eligibility for re-appointment. Remuneration of non-executive members 4 (1) The IfA must, if the Secretary of State requires it to do so, pay remuneration, allowances and expenses to its non-executive members. (2) The IfA must, if the Secretary of State requires it to do so, pay, or make provision for the payment of, a pension, allowances or gratuities to or in respect of a person who is or has been a non-executive member. (3) If a person ceases to be a non-executive member of the IfA and the Secretary of State decides that the person should be compensated because of special circumstances, the IfA must pay compensation to the person. (4) The amount of a payment under sub-paragraph (1), (2) or (3) is to be determined by the Secretary of State. (5) Service as a non-executive member is one of the kinds of service to which a scheme under section 1 of the Superannuation Act 1972 (superannuation schemes as respects civil servants etc) can apply (see Schedule 1 to that Act). (6) The IfA must pay to the Minister for the Civil Service, at such times as the Minister may direct, such sums as the Minister may determine in respect of any increase attributable to the provision of pensions, allowances or gratuities under section 1 of the Superannuation Act 1972 payable to or in respect of non-executive members in the sums payable out of money provided by Parliament under the Superannuation Act 1972. Chief executive and other staff 5 (1) The first chief executive is to be appointed by the Secretary of State on conditions of service determined by the Secretary of State, after consulting the chair. (2) Subsequent chief executives are to be appointed by the IfA after consulting the Secretary of State. (3) The chief executive must not be appointed for a term of more than five years. (4) The previous appointment of a person as chief executive does not affect the person's eligibility for re-appointment. (5) The chief executive holds that office as a member of staff of the IfA. (6) The IfA may appoint other members of staff. (7) Service as a member of staff of the IfA is employment in the civil service of the State. (8) The following are to be determined by the IfA with the approval of the Secretary of State— (a) the number of members of staff of the IfA (in addition to the chief executive); (b) the conditions of service of staff of the IfA. (9) Sub-paragraph (8)(b) is subject to sub-paragraph (1). Arrangements with Secretary of State 6 The Secretary of State and the IfA may enter into arrangements with each other for the provision to the IfA by the Secretary of State, on such terms as may be agreed, of staff, accommodation or services. Committees 7 (1) The IfA may establish committees, and any committee established by the IfA may establish sub-committees. (2) The IfA may— (a) dissolve a sub-committee established under sub-paragraph (1), or (b) alter the purposes for which such a sub-committee is established. (3) In this Schedule a committee or sub-committee established under sub-paragraph (1) is referred to as an “IfA committee”. (4) An IfA committee must include at least two persons who are members of the IfA or its staff. (5) The IfA may, with the approval of the Secretary of State, arrange for the payment of remuneration, allowances and expenses to any person who— (a) is a member of an IfA committee, but (b) is not a member of the IfA or its staff. (6) The IfA must, if directed to do so by the Secretary of State, review— (a) the structure of IfA committees, and (b) the scope of the activities of each IfA committee. Procedure 8 (1) The IfA may regulate— (a) its own proceedings (including quorum), and (b) the procedure (including quorum) of IfA committees. (2) The validity of proceedings of the IfA, or of an IfA committee, is not affected by— (a) a vacancy; (b) a defective appointment. Exercise of functions 9 (1) Subject to sub-paragraphs (2) and (3), the IfA may authorise any of the following to exercise functions on its behalf— (a) a member of the IfA; (b) a member of the IfA's staff; (c) an IfA committee; (d) any other person. (2) The IfA may not authorise any of the functions under sections ZA2A, A2, ZA10, ZA11, A2D2 to A2D9 and A2E to A2IB to be exercised on its behalf— (a) under sub-paragraph (1)(c), by a committee a majority of the members of which are not members of the IfA's staff, or (b) under sub-paragraph (1)(d). (3) The IfA may authorise the exercise on its behalf of functions that have been— (a) delegated to the IfA by directions under section ZA4, or (b) conferred on the IfA by regulations under section ZA5, only if and to the extent that the directions or regulations so provide. Supplementary powers 10 (1) The IfA may— (a) provide information or advice to any person in connection with any of the IfA's functions; (b) co-operate or work jointly with any person where it is appropriate to do so for the efficient and effective performance of any of the IfA's functions; (c) carry out research for the purposes of, or in connection with, the IfA's functions; (ca) use, in the exercise of any of its functions, information obtained by it in the exercise of any of its other functions; (d) do anything else that the IfA considers necessary or appropriate for the purposes of, or in connection with, its functions. (2) The powers in sub-paragraph (1) are subject to any restrictions imposed by or under any provision of any Act. (3) The IfA may not borrow money. (4) The IfA may not, without the consent of the Secretary of State— (a) lend money, (b) form, participate in forming or invest in a company, or (c) form, participate in forming or otherwise become a member of a charitable incorporated organisation (within the meaning of section 69A of the Charities Act 1993). (5) In sub-paragraph (4) the reference to investing in a company includes a reference to becoming a member of the company and to investing in it by the acquisition of any assets, securities or rights or otherwise. Accounts and reports 11 (1) The IfA must— (a) keep proper accounts and proper records in relation to its accounts, and (b) prepare in respect of each financial year a statement of accounts. (2) Each statement of accounts must comply with any directions given by the Secretary of State as to— (a) the information to be contained in it, (b) the manner in which such information is to be presented, or (c) the methods and principles according to which the statement is to be prepared. (3) The IfA must send a copy of each statement of accounts to— (a) the Secretary of State, and (b) the Comptroller and Auditor General, before the end of the month of August following the financial year to which the statement relates. (4) The Comptroller and Auditor General must— (a) examine, certify and report on each statement of accounts, and (b) send a copy of each report and certified statement to the Secretary of State. (5) The Secretary of State must lay before Parliament— (a) a copy of each statement sent to the Secretary of State under sub-paragraph (3), and (b) a copy of each report and certified statement sent to the Secretary of State under sub-paragraph (4). (6) “Financial year” has the meaning given by section ZA6(6) (annual and other reports). Application of seal and proof of documents 12 (1) The application of the IfA's seal must be authenticated by the signature of— (a) the chief executive, or (b) a member of the IfA who has been authorised by the IfA for that purpose (whether generally or specifically). (2) A document purporting to be duly executed under the IfA's seal, or signed on its behalf— (a) is to be received in evidence, and (b) is to be treated as executed or signed in that way, unless the contrary is proved. Funding 13 (1) The Secretary of State may make grants to the IfA, or provide the IfA with any other kind of financial assistance, subject to any conditions that the Secretary of State considers appropriate. (2) The conditions may, in particular— (a) enable the Secretary of State to require full or partial repayment of sums paid by the Secretary of State if any of the conditions are not complied with; (b) require the payment of interest in respect of any period during which a sum due to the Secretary of State in accordance with any of the conditions remains unpaid.

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Schedule 1 Employee study and training: minor and consequential amendments

Section 40 Employment Rights Act 1996 (c. 18) 1 The Employment Rights Act 1996 is amended as follows. 2 In section 48 (right to present complaint of detriment to employment tribunal), in subsection (1) for “or 47E” substitute “ , 47E or 47F ”. 3 In section 105 (unfair dismissal: redundancy), after subsection (7BA) insert— (7BB) This subsection applies if the reason (or, if more than one, the principal reason) for which the employee was selected for dismissal was one of those specified in section 104E. 4 In section 108(3) (exceptions to one year qualifying period of continuous employment for claims for unfair dismissal), after paragraph (gj) insert— (gk) section 104E applies, . 5 In section 194 (House of Lords staff), in subsection (2)(e) before “VII” insert “ 6A, ”. 6 In section 195 (House of Commons staff), in subsection (2)(e) before “VII” insert “ 6A, ”. 7 In section 199 (mariners)— (a) in subsection (2), after “47E,” insert “ 47F, ”; (b) in that subsection, before “VII” insert “ 6A, ”; (c) in subsection (8)(d), before “VII” insert “ 6A, ”. 8 In section 225 (how to calculate a week's pay in relation to rights during employment) after subsection (4A) insert— (4B) Where the calculation is for the purposes of section 63J, the calculation date is the day on which the section 63D application was made. 9 In section 227(1) (maximum amount of week's pay) before paragraph (za) insert— (zza) an award of compensation under section 63J(1)(b), . 10 In section 235(1) (other definitions) at the appropriate place insert— “section 63D application” has the meaning given by section 63D(2); . 11 In section 236(3) (orders and regulations subject to affirmative Parliamentary procedure), after “47C,” insert “ 63D, 63F(7), ”. Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52) 12 The Trade Union and Labour Relations (Consolidation) Act 1992 is amended as follows. 13 In section 212A (arbitration scheme for unfair dismissal cases etc.), in subsection (1)— (a) before paragraph (za) insert— (zza) section 63F(4), (5) or (6) or 63I(1)(b) of the Employment Rights Act 1996 (study and training); ; (b) in paragraph (za) for “the Employment Rights Act 1996” substitute “ that Act ”. 14 In section 237(1A)(a) (cases where employee may complain of unfair dismissal despite participation in unofficial industrial action)— (a) for “or 104D” substitute “ , 104D or 104E ”; (b) for “and pension scheme membership” substitute “ , pension scheme membership, and study and training ”. 15 In section 238(2A)(a) (cases where employment tribunal to determine whether dismissal of an employee is unfair despite limitation in subsection (2) of that section)— (a) for “or 104D” substitute “ , 104D or 104E ”; (b) for “and pension scheme membership” substitute “ , pension scheme membership, and study and training ”. Employment Tribunals Act 1996 (c. 17) 16 In section 18 of the Employment Tribunals Act 1996 (conciliation), in subsection (1)(d) after “28,” insert “ 63F(4), (5) or (6), 63I(1)(b), ”.

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