Coronavirus Act 2020

Temporary continuity directions: England

1 (1) The Secretary of State may give a temporary continuity direction that applies to—

(a) one or more named relevant institutions in England;

(b) all relevant institutions in England (or any part of England);

(c) relevant institutions in England (or any part of England) of a particular description.

(2) A temporary continuity direction is a direction under this paragraph that—

(a) is given—

(i) to the responsible body in relation to a relevant institution, or

(ii) in the case of a relevant institution without a responsible body, to the institution, and

(b) requires that body or institution to take steps specified in the direction in connection with the provision, for a specified period, of—

(i) education, training or childcare,

(ii) services relating to education, training or childcare, or

(iii) ancillary services or facilities.

(3) Before giving a direction under this paragraph, the Secretary of State—

(a) must have regard to any advice from the Chief Medical Officer or one of the Deputy Chief Medical Officers of the Department of Health and Social Care relating to the incidence or transmission of coronavirus, and

(b) must be satisfied that giving the direction is a necessary and proportionate action for or in connection with the continued provision of anything mentioned in sub-paragraph (2)(b)(i) to (iii) for the specified period for one or more persons.

(4) A temporary continuity direction under this paragraph may—

(a) require the taking of reasonable steps in general terms, or require the taking of particular steps that the Secretary of State considers reasonable, in relation to any of the matters mentioned in the following paragraphs;

(b) require a relevant institution to open, to stay open, to re-open, or to open at times when it would not usually be open;

(c) require a relevant institution to provide education, training or childcare, services relating to education, training or childcare or ancillary services or facilities;

(d) require a relevant institution to allow specified persons to attend that institution for the purpose of receiving education, training or childcare, services relating to education, training or childcare or ancillary services or facilities, provided by or on behalf of that institution;

(e) require the alteration of term dates;

(f) require a relevant institution to provide or make arrangements for the provision of transport or other services relating to the provision of education, training or childcare or to ancillary services or facilities;

(g) make different provision for different purposes, or be framed by reference to whatever matters the Secretary of State considers appropriate;

(h) make transitional, transitory or saving provision;

(i) make such other provision as the Secretary of State considers appropriate in connection with the giving of the direction.

(5) Where a temporary continuity direction under this paragraph applies to a relevant institution—

(a) any FE funding agreement in respect of that institution has effect, and

(b) any Academy arrangements in respect of that institution or its responsible body have effect,

subject to any modifications necessary to enable the direction to be complied with.

(6) The duty of a responsible body or relevant institution to which a temporary continuity direction is given under this paragraph to comply with the direction is enforceable against the body or (as the case may be) institution by the Secretary of State making an application to the High Court or the county court for an injunction.

(7) An application made under sub-paragraph (6) may be made without notice being given to the responsible body or relevant institution.

(8) In this paragraph—

• “Academy arrangements” has the meaning given by section 1(2) of the Academies Act 2010;

• “ancillary services or facilities” means services or facilities that are arranged or provided for those attending a relevant institution to receive education, training or childcare (including residential accommodation, meals, laundry facilities, medical services, advice and pastoral support);

• “childcare” has the same meaning as in section 18 of the Childcare Act 2006;

• “FE funding agreement” means an agreement, in respect of education or training to which Chapter 3 of Part 8 of the Education and Inspections Act 2006 applies, that is entered into between—

  (a)

  the Secretary of State, a local authority or a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009, and

  (b)

  a relevant institution,

  but does not include an agreement that is Academy arrangements;

• “local authority” has the same meaning as in section 579(1) of the Education Act 1996;

• “registered childcare provider” means a person who provides childcare and is registered under Part 3 of the Childcare Act 2006, but does not include early years childminders or later years childminders within the meaning of section 96 of that Act;

• “relevant institution” means—

  (a)

  a registered childcare provider;

  (b)

  a school;

  (c)

  a 16 to 19 Academy, within the meaning of section 1B of the Academies Act 2010;

  (d)

  an institution within the further education sector, within the meaning of section 91(3) of the Further and Higher Education Act 1992;

  (e)

  a provider of post-16 education or training—

  (i)

  to which Chapter 3 of Part 8 of the Education and Inspections Act 2006 applies, and

  (ii)

  in respect of which funding is provided by, or under, arrangements made by the Secretary of State, a local authority or a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009,

  but does not include an employer who is a provider by reason only of the employer providing such education or training to its employees;

  (f)

  a higher education provider within the meaning of section 83(1) of the Higher Education and Research Act 2017;

  (g)

  a provider of higher education within the meaning of section 83(1) of that Act which is not an institution (within the meaning of that section) whether or not it is designated under section 84 of that Act;

  (h)

  a local authority;

• “responsible body” means—

  (a)

  in relation to a school or a 16 to 19 Academy, the proprietor, within the meaning of section 579(1) of the Education Act 1996;

  (b)

  in relation to an institution within the further education sector, the governing body within the meaning of section 90(1) of the Further and Higher Education Act 1992;

  (c)

  in relation to a provider of post-16 education or training, the person with legal responsibility and accountability for the provider;

  (d)

  in relation to a higher education provider within the meaning of section 83(1) of the Higher Education and Research Act 2017 or a provider of higher education designated under section 84 of that Act, the governing body within the meaning of section 85(1) of that Act;

  (e)

  in relation to any other provider of higher education not mentioned in paragraph (d), any person responsible for the management of the provider;

• “school” has the same meaning as in the Education Act 1996 (see section 4 of that Act);

• “specified” means specified, or falling within a description specified, in a temporary continuity direction under this paragraph.