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Education and Skills Act 2008 2008 c. 25 An Act to make provision about education and training; and for connected purposes. [26th November 2008] Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Propose a changeThis 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).
Propose a change(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 an apprenticeship agreement, 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.
Propose a change(1) In this Part, “level 3 qualification” means a prescribed ... qualification, or a 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 Office of Qualifications and Examinations Regulation (in this Part referred to as “Ofqual”) 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 Ofqual. (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (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.
Propose a change(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 special educational needs 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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Propose a change(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.
Propose a change(1) In this Part, “relevant training or education” means training or education towards a regulated qualification provided by a course or courses. (2) “Regulated qualification” has the same meaning as in Part 7 of the Apprenticeships, Skills, Children and Learning Act 2009 (see section 130 of that Act).
Propose a change(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).
Propose a change(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 a form of a regulated qualification to which that number of hours of guided learning has been assigned. (3) In subsection (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 a recognised body in accordance with section 145 of the Apprenticeships, Skills, Children and Learning Act 2009; “regulated qualification” has the same meaning as in Part 7 of the Apprenticeships, Skills, Children and Learning Act 2009 (see section 130 of that Act). (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.
Propose a changeA local 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.
Propose a change(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 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).
Propose a changeA local 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.
Propose a change(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 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 authority, it must as soon as reasonably practicable give notice to the service provider for the other local 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 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 authority, the provider gives notice to the service provider for the other local 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 (other than one within any of paragraphs (a) to (e)) in receipt of funding from a local authority or the Secretary of State; “ 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 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 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 authority in whose area the institution is situated.
Propose a change(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 authority in England, be provided by the responsible person to the authority. (2) A local 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.
Propose a change(1) Any of the persons or bodies mentioned in subsection (2) may supply information about a person to a local 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, (aa) a non-metropolitan district council for an area for which there is a county council, (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (da) an integrated care board, (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).
Propose a change(1) Any persons within subsection (2) may — (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). (2) Those persons are— (a) a local 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 authority in England may use relevant information held by it for any relevant purpose. (5) A local 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 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; but does not include information provided under section 72 of the Welfare Reform and Pensions Act 1999; relevant purpose— in relation to a local 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 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 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 special educational needs; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (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.
Propose a changeIn exercising its functions under this Part, a local authority must have regard to any guidance given by the Secretary of State.
Propose a change(1) The Employment Rights Act 1996 is further amended as follows. (2) In section 63A (right to time off for young person for study or training), after subsection (5) insert— (5A) References in this section to an employee do not include a person to whom Part 1 of the Education and Skills Act 2008 (duty to participate in education or training for 16 and 17 year olds in England) applies, or is treated by section 29 of that Act (extension for person reaching 18) as applying. ; and, in the title, after “young person” insert “ in Wales or Scotland ”. (3) In section 105 (redundancy), after subsection (4A) insert— (4B) This subsection applies if the reason (or, if more than one, the principal reason) for which the employee was selected for dismissal was that specified in section 101B. (4) In section 108 (qualifying period of employment), after subsection (3)(dd) insert— (de) section 101B applies, . (5) In section 194 (House of Lords staff), in subsection (2)(c), after “47,” insert “ 47AA, ”. (6) In section 195 (House of Commons staff), in subsection (2)(c), after “47,” insert “ 47AA, ”.
Propose a change(1) For the purposes of section 5— (a) Crown employment, and (b) service as a member of the armed forces of the Crown, are each to be treated as working under a contract of employment. (2) Regulations may provide for Chapter 1 to have effect subject to modifications in relation to persons working in either of those ways. (3) Chapter 3 applies in relation to Crown employment and persons in Crown employment as it applies in relation to other employment and other employees, but subject to subsection (4). (4) For the purposes of the application of Chapter 3 in relation to Crown employment and persons in Crown employment— (a) references to a contract of employment are to be construed, in relation to a person in Crown employment, as references to the terms and conditions under which the person works, and (b) references to an employee are to be construed as references to a person in Crown employment. (5) In this section, “Crown employment” means employment under or for the purposes of a government department or any officer or body exercising on behalf of the Crown functions conferred by statutory provision, but subject to subsection (6). (6) Crown employment— (a) does not include service as a member of the armed forces of the Crown, but (b) does include employment by an association established for the purposes of Part 11 of the Reserve Forces Act 1996 (c. 14).
Propose a change(1) For the purposes of section 5, working as a relevant member of the House of Commons staff is to be treated as working under a contract of employment. (2) Regulations may provide for Chapter 1 to have effect subject to modifications in relation to persons working in that way. (3) The following provisions apply in relation to employment as a relevant member of the House of Commons staff as they apply in relation to other employment— (a) sections 19 to 21; (b) sections 27 to 29. (4) For the purposes of the application of Chapter 3 in relation to a relevant member of the House of Commons staff— (a) references to a contract of employment are to be construed as including references to the terms of employment of a relevant member of the House of Commons staff, and (b) references to an employee are to be construed as references to a relevant member of the House of Commons staff. (5) In this section, “relevant member of the House of Commons staff” has the same meaning as in section 195 of the Employment Rights Act 1996 (c. 18). (6) Subsections (6), (7) and (12) of that section (person to be treated as employer of relevant member of House of Commons staff) apply (with any necessary modifications) for the purposes of the provisions mentioned in subsection (3) as applied by virtue of this section.
Propose a change(1) In this Part— “apprenticeship agreement” means an apprenticeship agreement within the meaning given in section 32 of the Apprenticeships, Skills, Children and Learning Act 2009 or an approved English apprenticeship agreement within the meaning given in section A1(3) of that Act; “appropriate full-time education or training” has the meaning given by section 4; “contract of employment” means a contract of service, whether express or implied and (if it is express) whether oral or in writing, but does not include a contract of apprenticeship or an apprenticeship agreement; “level 3 qualification” has the meaning given by section 3; “proprietor”, in relation to a school or other institution, means the person or body of persons responsible for its management; “relevant period”, in relation to a person to whom this Part applies, has the meaning given by section 7; “relevant training or education” has the meaning given by section 6; “sufficient”, in relation to relevant training or education, is to be construed in accordance with section 8(1). (2) Regulations may provide for a person to be, or not to be, regarded as resident in England for the purposes of any provision of this Part. (3) Any reference in this Part to a person's being in full-time occupation is to be construed in accordance with section 5. (4) For the purposes of this Part, a person is failing to fulfil the duty imposed by section 2 if the person— (a) is not participating in education or training in accordance with subsection (1)(a) or (b) of that section, and (b) is not in full-time occupation or is not participating in sufficient relevant training. (5) A reasonable excuse for a failure to be in full-time occupation is not a reasonable excuse for a failure to fulfil the duty imposed by section 2 (unless it is also a reasonable excuse for any failure to participate as mentioned in subsection (4)).
Propose a change(1) A local authority in England must make available to young persons and relevant young adults for whom it is responsible such services as it considers appropriate to encourage, enable or assist the effective participation of those persons in education or training. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) For the purposes of this section ... , a local authority makes services available if it— (a) provides them, or (b) makes arrangements with another local authority or another person for their provision. (4) In carrying out its functions under this section, a local authority must— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) have regard to any guidance issued by the Secretary of State. (5) Nothing in this section requires a local authority to make services available to a young person or relevant young adult for whom it is responsible if— (a) another local authority in England is also responsible for the person, and (b) services are being provided to the person by, or under arrangements made by, the other authority in exercise of its functions under subsection (1).
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Propose a change(1) A local authority in England— (a) may provide, secure the provision of or participate in the provision of services under arrangements entered into by it with another local authority in pursuance of any function of that other local authority under section 68, and (b) may provide, secure the provision of or participate in the provision of services for encouraging, enabling or assisting the effective participation in education or training of— (i) young persons, or (ii) relevant young adults, (including such persons from other areas) otherwise than in accordance with section 68 or paragraph (a). (2) Nothing in or done under section 68 ... or this section is to be taken to prejudice any powers which a local authority has with respect to the exercise of its functions otherwise than under those sections.
Propose a change(1) Services provided for young persons in pursuance of section 68 or 70(1)(b) may include the provision of support on a conditional basis. (2) For the purposes of this section— (a) “support” provided for a person means any form of support and includes, in particular— (i) support in the form of medical or social care, including care provided otherwise than to that person, (ii) support in the form of incentives, including allowances and payments, and (iii) other financial assistance; (b) support is provided for a young person on a conditional basis if it is provided under arrangements (a “learning and support agreement”) under which its provision is subject to the young person's agreement to fulfil conditions (“learning and support conditions”). (3) Subsections (4) to (6) apply where support is provided for a young person on a conditional basis by virtue of subsection (1). (4) The learning and support agreement must include provision (whether or not in the form of a learning and support condition) relating to the young person's participation in education or training. (5) The person providing the support (the “service provider”) must consider that providing it on a conditional basis would be desirable in the interests of encouraging, enabling or assisting the young person— (a) to fulfil the duty imposed by section 2, in a case where the young person is a person to whom Part 1 applies, or (b) in any case, to participate effectively in education or training. (6) The learning and support conditions must be conditions— (a) determined in consultation between the service provider and the young person, having regard to an assessment of the young person's needs conducted by the service provider and the young person for the purposes of this section, and (b) to which in the course of that consultation the young person has agreed; and the service provider must make arrangements for the learning and support conditions to be reviewed periodically. (7) Learning and support agreements made by virtue of subsection (1) do not create any obligations in respect of whose breach any liability arises in contract or in tort. (8) Subsection (1) is subject to section 68(4).
Propose a change(1) Relevant information about a pupil or student who is attending an educational institution in England must be provided by the responsible person to a person involved in the provision of services in pursuance of section 68 or 70(1)(b), on a request by that person. (2) A request under subsection (1) by a person involved in the provision of services in pursuance of 68 or 70(1)(b) may be made only for the purposes of the provision of those services. (3) In 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” 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 (other than one within any of paragraphs (a) to (e)) in receipt of funding from a local authority, or the Secretary of State; “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 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).
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Propose a change(1) The Secretary of State may provide or secure the provision of services for encouraging, enabling or assisting the effective participation of young persons and relevant young adults in England in education or training. (2) The services which may be provided under subsection (1) are services provided by means of— (a) the publication whether electronically or otherwise of information, advice and guidance; (b) the provision, in response to requests by young persons and relevant young adults, of information, advice or guidance to those persons by telephone or other electronic means. (3) In securing the provision of those services the Secretary of State may, in particular, make arrangements with other persons for the provision of services. (4) Arrangements under subsection (3) may include provision— (a) for grants, loans and other kinds of financial assistance to be provided by the Secretary of State (whether or not on conditions); (b) requiring persons with whom arrangements are made to have regard to guidance issued by the Secretary of State. (5) For the purposes of this section, a young person or relevant young adult is in England if he or she is a person for whom a local authority in England is responsible.
Propose a change(1) Her Majesty's Chief Inspector of Education, Children's Services and Skills— (a) must, when requested to do so by the Secretary of State, inspect and report on the provision of services in pursuance of section 68 or 74, and (b) may undertake such other inspections of the provision of those services as Her Majesty's Chief Inspector thinks fit. (2) A request under subsection (1)(a)— (a) may be in general terms or in relation to specific matters, (b) may relate to a specific person providing services, or to a specific class of person, and (c) may relate to a specific area. (3) A reference in subsection (1) to the provision of services includes a reference to the management and use of resources in providing services. (4) Subsections (5) to (7) apply to an inspection under subsection (1) of services provided by a person in pursuance of section 68 or 74. (5) A person carrying out or participating in the inspection has the same powers as Her Majesty's Chief Inspector has under the following provisions of the Education Act 2005 (c. 18)— (a) section 10(1)(a) and (d) (right of access), and (b) section 58 (computer records). (6) Section 11 of the Education Act 2005 (publication of inspection reports) applies. (7) A person who wilfully obstructs a person in carrying out or participating in the inspection— (a) is guilty of an offence, and (b) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.
Propose a change(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) In this section “social security information” means personal information about a young 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 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. (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 2 years, to a fine or to both, or (b) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court , to a fine not exceeding the statutory maximum, or to both. (7) In subsection (6)(b) the reference to the general limit in a magistrates’ court is to be read in relation to an offence committed before 2 May 2022 as a reference to 6 months.
Propose a change(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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (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.
Propose a change(1) Any of the persons or bodies mentioned in subsection (2) may supply information about a young person or relevant young adult to any person or body involved in the provision of services in pursuance of section 68 or 70(1)(b) for the purpose of the provision of those services. (2) Those persons and bodies are— (a) a local authority, (aa) a non-metropolitan district council for an area for which there is a county council, (b) the Secretary of State, (ba) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (da) an integrated care board, (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).
Propose a change(1) In sections 68 to 77 and this section— “local authority” has the meaning given by section 579(1) of the Education Act 1996; “parent”, in relation to a child, has the meaning given by section 576 of that Act (c. 56); “proprietor”, in relation to a school or other institution, means the person or body of persons responsible for its management; “relevant young adult” means a person who— has attained the age of 20 but not the age of 25, and has special educational needs (within the meaning given by section 579(1) of the Education Act 1996); . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . “young person” means a person who has attained the age of 13 but not the age of 20. (2) For the purposes of sections 68 to 77, a local authority is responsible for any young person or relevant young adult who is— (a) receiving education or training in its area, (b) normally resident in its area, or (c) otherwise within its area. (3) For the purposes of subsection (2)(a), “training” includes vocational, social, physical and recreational training.
Propose a changeSections 114 to 121 of the Learning and Skills Act 2000 (provision of support services for 13 to 19 year olds) cease to have effect.
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Propose a change(1) Part 7 of the Education Act 1997 (c. 44) (careers education and guidance) is amended as follows. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) After section 45 insert— Guidance as to discharge of duties 45A (1) The persons responsible for discharging a relevant duty in relation to a school in England falling within section 43(2)(a), (c) or (e) must, in discharging the duty, have regard to any guidance given from time to time by the Secretary of State. (2) A “relevant duty” means a duty under any of sections 43(3), 44(9) and 45(3).
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Propose a changeIn section 509AB of the Education Act 1996 (c. 56) (further provision about transport policy statements), in subsection (3)(c)— (a) for “distance from” substitute “ distances, and journey times, between ”; and (b) for “of establishments” substitute “ and establishments ”.
Propose a changeIn section 509AD of the Education Act 1996 (LEAs in England: duty to have regard to religion or belief in exercise of travel functions), in subsection (1), for the words from “to any wish” to the end substitute— (a) to any wish of a parent of such a person for him to be provided with education or training at a particular school, institution or other place where that wish is based on the parent's religion or belief, and (b) in a case where the person in question (or any of the persons in question) is of sixth form age (within the meaning given in section 509AC(1)), to any wish of that person to be provided with education or training at a particular school, institution or other place where that wish is based on the person's religion or belief.
Propose a change(1) The arrangements made by a local authority in England under section 10 of the 2004 Act (co-operation to improve well-being of children) must include arrangements within subsection (2) or (3). (2) The arrangements within this subsection are arrangements to promote co-operation between— (a) the local authority, (b) the authority's relevant partners, and (c) the other persons and bodies (of any nature) who exercise functions, or are engaged in activities, relevant to the provision of 14-19 education or training in the authority's area. (3) The arrangements within this subsection are arrangements made jointly by the local authority and one or more other local authorities in England to promote co-operation between— (a) the authorities, (b) the authorities' relevant partners, and (c) the other persons and bodies (of any nature) who exercise functions, or are engaged in activities, relevant to the provision of 14-19 education or training in each of the authorities' areas. (4) Subsection (1) is not to be read as affecting the generality of the duty imposed by section 10(1) and (2) of the 2004 Act so far as relating to education and training. (5) In this section— “the 2004 Act” means the Children Act 2004 (c. 31); “local authority” has the meaning given by section 65(1) of that Act; “14-19 education” and “14-19 training” mean, respectively, education and training suitable to the requirements of persons during the period beginning with the start of the academic year in which they attain the age of 15 and ending when they attain the age of 19; “relevant partner”, in relation to a local authority, has the meaning given by section 10(4) of the 2004 Act. (6) For the purposes of subsection (5)— (a) “education” means full-time or part-time education, but does not include higher education (namely, education provided by means of a course of any description mentioned in Schedule 6 to the Education Reform Act 1988 (c. 40)); (b) “training” means full-time or part-time training, and includes vocational, social, physical and recreational training; (c) “academic year” means any period beginning with 1 August and ending with the next 31 July.
Propose a change