Education Act 2005

Education Act 2005

2005 CHAPTER 18

Commentary

Part 4: Miscellaneous

Maintained schools

Section 105: Provision and funding of higher education in maintained schools

198. This section inserts new section 28A into the Education Act 2002, which enables maintained schools in England and Wales to offer to their pupils limited courses of higher education that fall within paragraph 1(g) or (h) of Schedule 6 to the Education Reform Act 1988. Schools are currently prevented from offering any higher education by section 1(4) of the Education Act 1996 (referred to in subsection (5) of new section 28A), which states that nothing in that Act confers any function, in effect, on maintained schools with respect to higher education.

199. Types of course that fall within paragraph 1(g) of Schedule 6 to the Education Reform Act 1988 are vocational or professional courses at level 4 (higher education level). Types of course that fall within paragraph 1(h) are modules of first degree courses or components of Higher National Diplomas (HNDs), as opposed to courses resulting in the award of a full first degree or the full HND. For example, a course on European history between the wars which is typically taken as part of a modern history degree does not on its own lead to the award of a degree, and so falls within paragraph 1(h) rather than 1(c) (which is a full first degree course).

200. Subsection (2) constrains the amount of higher education provided by schools to their pupils and ensures that such provision does not take precedence over the other (secondary) education being provided by the school.

201. Subsection (3) enables the Assembly to fund such provision in schools in Wales. The Learning and Skills Council for England (LSC) is already empowered to fund courses of higher education that fall within paragraph 1(g) or (h) of Schedule 6 to the Education Reform Act 1998 in England under section 5(1)(d) of the Learning and Skills Act 2000. This new power will enable the LSC to fund such provision in maintained schools in England. Subsection (4) ensures that sections 15 and 16 of the Education Act 2002 will apply to any financial assistance given by the Assembly for such provision.