Education Act 2011

The bill as passed by the Commons was introduced to the House of Lords the following day, before receiving its second reading following a debate on 14 June.

Part 1 makes provision for the organisation and supply of early years learning by amending the Childcare Act 2006 to extend the duty on all English local authorities that requires them to provide 15 hours of early years education free of charge for all three- and four-year-olds and to all two-year-olds identified as disadvantaged.

Part 2 extends the power given to school staff in Section 550ZA of the Education Act 1996 to search a pupil or their possessions if they believe them to be carrying certain items to include power to search if the member of staff believes one or more of the possessions have been, or may be used, to commit a criminal offence, cause personal injury or damage property.

Teachers are also given the power to examine data files on electronic devices and delete them if they believe there is good reason to do so.

The abolition of the GTCE does not affect the General Teaching Council for Wales, which continues to exist with all of the powers it currently holds.

In Part 4, Clause 20 gives the Secretary of State the power to direct the governing bodies of schools to participate in certain international education surveys.

Provisions are also made about how Chairman and Chief Regulator will be appointed, the length of their terms of office, their salaries and pensions.

Sections 30 and 31 repeal unenacted provisions from the Apprenticeships, Skills, Children and Learning Act 2009 relating to diploma entitlements.

Part 5 removes the need for school governing bodies to publish a 'school profile', and for the local authority to appoint 'school improvement partners'.

The interpretation of this section of the Act was tested by a judicial review in November 2012, when the court upheld the decision of Richmond Local Authority to establish Voluntary Aided schools, St. Richard Reynolds Catholic College, without first seeking proposals for an Academy.

Section 48 amends Education Act 1996 to give governing bodies the power to charge for early years provision that is provided beyond the 15 hours of free provision provided by Part 1 of the Act, which can include charges to maintain the upkeep of buildings and their utility supplies, education materials, and for the employment of teaching staff.

Section 49 enacts Schedule 12 to the Act, which gives additional powers to further education and sixth-form colleges, including the power to borrow money to run their education services without having to first gain the permission of either the Young People's Learning Agency for England (YPLA) or their local authority, and the removal of the duty on post-16 establishments to "promote the economic and social wellbeing of an area".

The Secretary of State is also given the power to draw up the initial instruments and articles of government of a new sixth-form, a function previously undertaken by the YPLA.

The Schedule also removes the need for post-16 governing bodies to have regard to possible future staff and students in the exercise of their functions, as well as transferring to the Secretary of State the power currently held by the Chief Executive of Skills Funding in respect of further education colleges, and by the local authority in respect to sixth-form colleges, to intervene in establishments that are considered to be either mismanaged or failing.

Section 71 makes the Secretary of State the default issuer of apprenticeship certificates, but provides him with the power to appoint another person to exercise this responsibility.

Part 8, which consists solely of Section 75, gives the Secretary of State the power to create pilot schemes that would allow local authorities to make direct payments to secure goods and services for students who they hold a statement of Special Educational Needs (SEN) or Education Health and Care plan (EHC plan).