Learning and Skills Act 2000

• (c) either unconditionally or subject to the fulfilment of such conditions as may be so specified.

• (3) An authorisation given by virtue of subsection (1) is to be treated for all purposes as if it were given by virtue of an order under section 69 of the Deregulation and Contracting Out Act 1994 (contracting out of functions of Ministers and office-holders).

• (4) An authorisation given by virtue of subsection (1) may be revoked at any time by the person who gave it.

Other miscellaneous provisions

Recreation and social and physical training

137

• (1) Section 508 of the Education Act 1996 (local education authorities: recreation and social and physical training) shall be amended as follows.

• (2) In subsection (1) for “secondary and further education” substitute “ and secondary education ”.

• (3) After subsection (1) insert—

(1A) A local authority may provide facilities for recreation and social and physical training as part of the facilities for further education provided (whether or not by them) for their area.

• (4) In subsection (2) for “For that purpose” substitute “ For the purpose of subsection (1) or (1A) ”.

Wales: provision of information by public bodies

138

• (1) For the purpose of the provision in Wales of services mentioned in subsection (2), any of the persons or bodies mentioned in subsection (3) may supply information about a young person—

• (a) to a local authority;

• (b) to any other person or body involved in the provision of the services.

• (2) The services are—

• (a) services provided in pursuance of section 123 of this Act,

• (b) services provided in pursuance of any of sections 2, 8, 9 and 10 of the Employment and Training Act 1973 (training and careers services), and

• (c) services wholly or partly funded in pursuance of section 12 of the Industrial Development Act 1982 (careers in industry).

• (3) The persons and bodies are—

• (a) a local authority,

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (ba) a Local Health Board,

• (c) the National Assembly for Wales,

• (ca) the Commission for Tertiary Education and Research;

• (d) a chief officer of police,

• (e) a probation committee,

• (ea) a probation trust,

• (eb) a provider of probation services (other than a probation trust or the Secretary of State), in carrying out its statutory functions or activities of a public nature in pursuance of arrangements made under section 3 of the Offender Management Act 2007, and

• (f) a youth offending team.

Induction periods for teachers

139

• (1) Section 19 of the Teaching and Higher Education Act 1998 (requirement to serve induction period) shall be amended as follows.

• (2) In subsection (1) after paragraph (b) insert—

or (c) in such circumstances as may be prescribed, a further education institution (or a further education institution of a prescribed description).

• (3) In subsection (2)—

• (a) in paragraph (f) omit “employed as a teacher at a school”, and

• (b) in paragraph (k) after “schools” insert “ or to further education institutions ”.

• (4) In subsection (6), for “subsection (2)” substitute “ subsections (2) and (6A) ”.

• (5) After subsection (6) insert—

(6A) Regulations under subsection (1)(c) may, in particular— (a) provide that an induction period may not be begun without approval of the appropriate body for the serving of that induction period; (b) provide for approval to be general or specific; (c) make provision (including transitional provision) about the withdrawal of approval; (d) impose conditions or limitations on the appropriate body’s power to give or withhold approval.

• (6) In subsection (10) after paragraph (c) insert—

(d) “a further education institution” means an institution within the further education sector.

• (7) After subsection (10) insert—

(11) In the application of this section to a further education institution— (a) a reference to a school term shall be taken as a reference to a term of the institution; (b) a reference to the head teacher of a school shall be taken as a reference to the principal of the institution. (12) Sections 496 and 497 of the Education Act 1996 shall have effect as if— (a) the duties and powers referred to in those sections included duties imposed and powers conferred by virtue of this section, and (b) in relation to those duties and powers, the bodies to which those sections apply included the governing body of a relevant school, the governing body (within the meaning given by section 90(1) of the Further and Higher Education Act 1992) of a further education institution and an appropriate body for the purposes of subsection (2).

Assessments relating to learning difficulties

140

• (1) Subsection (2) applies if—

• (a) a local authority in Wales maintains a statement of special educational needs for a person under section 324 of the Education Act 1996, and

• (b) the Welsh Ministers believe that the person will leave school at the end of his last year of compulsory schooling to receive post-16 education or training (within the meaning of Part 2 of this Act) or higher education (within the meaning of the Education Reform Act 1988).

• (2) The Welsh Ministers must arrange for an assessment of the person to be conducted at some time during the person’s last year of compulsory schooling.

• (3) The Welsh Ministers may at any time arrange for an assessment to be conducted of a person—

• (a) who is in his last year of compulsory schooling or who is over compulsory school age but has not attained the age of 25,

• (b) who appears to the Welsh Ministers to have a learning difficulty (within the meaning of section 13), and

• (c) who is receiving, or in the opinion of the Welsh Ministers is likely to receive, post-16 education or training (within the meaning of Part 2 of this Act) or higher education (within the meaning of the Education Reform Act 1988).

• (4) For the purposes of this section an assessment of a person is an assessment resulting in a written report of—

• (a) his educational and training needs, and

• (b) the provision required to meet them.

• (5) A local authority in Wales must send a copy of a statement maintained by it under section 324 of the Education Act 1996 to the Welsh Ministers on their request.

• (5A) “Local authority in Wales” has the same meaning as in the Education Act 1996 (see section 579(1) of that Act).

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Training programmes: cessation of funding

141

• (1) This section applies to a company if—

• (a) it has entered into an arrangement with the Secretary of State with a view to receiving payments under section 2(2)(d) of the Employment and Training Act 1973 (arrangements in respect of training) in connection with the provision of facilities,

• (b) before the passing of this Act the company has received notice from the Secretary of State that he intends to terminate the arrangement mentioned in paragraph (a),

• (c) the company’s articles of association are in a form approved by the Secretary of State generally or specifically for purposes connected with arrangements of the kind described in paragraph (a), and

• (d) the company’s articles of association requires all income and profits to be applied towards the promotion of the company’s objects and not to be distributed to members.

• (2) Unless the Secretary of State consents in writing, a company to which this section applies may not after the passing of this Act—

• (a) take action of a prescribed kind, or

• (b) cause or permit a person to take action of a prescribed kind.

• (3) In subsection (2) “prescribed” means prescribed by order of the Secretary of State; and the action which may be prescribed under that subsection includes, in particular—

• (a) making a disposal or payment of a prescribed kind or in prescribed circumstances,

• (b) incurring expenditure of a prescribed kind or in prescribed circumstances, and

• (c) entering into a transaction of a prescribed kind or in prescribed circumstances.

• (4) A company to which this section applies shall comply with a written direction from the Secretary of State given after the passing of this Act which requires it to transfer an asset to—

• (a) a specified body, or

• (b) the Secretary of State.

• (5) Before giving a direction to a company under subsection (4) the Secretary of State shall consult the company.

• (6) Where a company to which this section applies takes, causes or permits action in contravention of subsection (2) the High Court may on the application of the Secretary of State make any order which seems to it appropriate.

• (7) An order under subsection (6) may, in particular—

• (a) provide for a contract or other agreement to be of no effect;

• (b) vary the terms of a contract or other agreement;

• (c) require money to be paid to the Secretary of State by or on behalf of the company to which this section applies;

• (d) require money to be paid to the Secretary of State by or on behalf of any other specified person;

• (e) require the Secretary of State to pay to a specified person compensation of an amount specified in the order or determined in accordance with the order.

• (8) Section 150 shall not apply to this section; but in the application of this section to a company which operates in Wales—

• (a) a reference to the Secretary of State in subsection (1)(a) and (b) shall be construed as a reference to the Secretary of State or the National Assembly for Wales,

• (b) the functions conferred or imposed on the Secretary of State by subsections (2) to (6) shall be exercisable by the National Assembly, and

• (c) a reference in subsections (2) to (7) to the Secretary of State shall be taken as a reference to the National Assembly.

Further and higher education corporations: secondary education

142

• (1) Section 18 of the Further and Higher Education Act 1992 (further education corporation: principal powers) shall be amended as follows—

• (a) for subsection (1)(aa) substitute—

(aa) provide secondary education to persons who would, if they were pupils at a school, be in the fourth key stage, (ab) provide education which is secondary education by virtue of section 2(2B) of the Education Act 1996 (definition of secondary education), (ac) participate in the provision of secondary education at a school,

,

and

• (b) after subsection (1) insert—

(1A) A further education corporation may not provide education of a kind specified in subsection (1)(aa), (ab) or (ac) above unless they have consulted such local education authorities as they consider appropriate.

• (2) Section 124 of the Education Reform Act 1988 (higher education corporation: powers) shall be amended as follows—

• (a) after subsection (1)(b) insert—

(ba) to provide secondary education to persons who would, if they were pupils at a school, be in the fourth key stage, (bb) to provide education which is secondary education by virtue of section 2(2B) of the Education Act 1996 (definition of secondary education), (bc) to participate in the provision of secondary education at a school,

,

and

• (b) after subsection (1) insert—

(1A) A higher education corporation may not provide education of a kind specified in subsection (1)(ba) or (bb) above unless they have consulted such local education authorities as they consider appropriate.

Further education sector: designated institutions

143

• (1) Section 28 of the Further and Higher Education Act 1992 (designation for funding by Further Education Funding Councils) shall be amended as follows—

• (a) in subsection (1) for “as eligible to receive support from funds administered by the councils” substitute “ for the purposes of this section ”,

• (b) subsection (2)(b) shall cease to have effect, and

• (c) after subsection (2)(c) add—

or (d) an institution established for the purpose of being principally concerned with the provision of one or both of the kinds of education specified in subsection (1) above.

• (2) The following shall be substituted for section 30 of the Further and Higher Education Act 1992 (special provision for voluntary aided sixth form colleges)—

(30) (1) Notwithstanding anything in section 29 of this Act, the instrument of government of a designated institution to which this section applies must provide— (a) for the governing body of the institution to include persons appointed for the purpose of securing so far as practicable that the established character of the institution at the time of its designation is preserved and developed and, in particular, that the institution is conducted in accordance with any trust deed relating to it, and (b) for the majority of members of the governing body to be such governors. (2) This section applies to— (a) an institution which, when designated, was a voluntary aided school, and (b) an institution specified, or falling within a class specified, by the Secretary of State by order. (3) The Secretary of State may specify an institution or a class of institutions only if the institution or each member of the class is principally concerned with the provision of the education specified in section 28(1)(a) above. (4) The reference in subsection (1)(a) above to the established character of an institution is, in relation to an institution established shortly before or at the same time as being designated, a reference to the character which the institution is intended to have on its establishment.

• (3) Section 32(2A) of the Further and Higher Education Act 1992 (transfer of property on designation) shall cease to have effect.

• (4) The Secretary of State may make an order providing for the constitution as a body corporate of the governing body of an institution in England which is designated under section 28 of the Further and Higher Education Act 1992.

• (5) The National Assembly for Wales may make an order providing for the constitution as a body corporate of the governing body of an institution in Wales which is designated under section 28 of the Further and Higher Education Act 1992.

• (6) An order under subsection (4) or (5) may—

• (a) make provision similar to any provision of section 18 or 19 of the Further and Higher Education Act 1992 (further education corporation: powers);

• (b) make provision for the continuity of the body corporate, including provision for the continuation of anything done under any of sections 29 to 29C of the Further and Higher Education Act 1992 (government and conduct of designated institutions);

• (c) make provision expressed to have effect subject to the institution’s instrument or articles of government;

• (d) make provision which confers exempt charitable status (for the purposes of the the Charities Act 2011) and which relates to the governing body or to an institution administered by or established for the purposes of that body;

• (e) make provision about the discontinuance of the institution;

• (f) make provision about the dissolution of the body corporate (including provision about the treatment of property, rights and liabilities).

• (7) Before making an order in relation to an institution under subsection (4) or (5) the Secretary of State or the National Assembly shall consult—

• (a) the governing body of the institution, and

• (b) the trustees of any trust relating to the institution.

Designated institutions: disposal of land, &c

144

• (1) This section applies to land which after the coming into force of this section is transferred to trustees under section 32(3)(b) of the Further and Higher Education Act 1992 (transfer of property on designation of institution).

• (2) This section also applies to land which—

• (a) is held by trustees for the purposes of an institution which became a designated institution after the coming into force of this section, and

• (b) was acquired or enhanced in value wholly or partly by means of money paid under section 65 of the Education Act 1996 (grants) or paragraph 5 of Schedule 3 to the School Standards and Framework Act 1998 (grants).

• (3) If trustees dispose of land to which this section applies they shall notify the appropriateauthority.

• (4) If trustees dispose of land to which this section applies they shall pay to the appropriate authority so much of the proceeds of disposal as may be determined to be just—

• (a) by agreement between the trustees and the authority, or

• (b) in default of agreement,

• (i) in the case of land in England held for the purposes of a sixth form college, or land in Wales, by an arbitrator to be appointed in default of agreement by the President of the Chartered Institute of Arbitrators;

• (ii) in the case of any other land in England, by the Secretary of State.

• (4A) The expense of an arbitrator appointed under subsection (4)(b)(i) is to be borne equally by the trustees and—

• (a) in the case of land in England, the Secretary of State;

• (b) in the case of land in Wales, the Commission for Tertiary Education and Research.

• (5) In making a determination under subsection (4) regard shall be had, in particular, to—

• (a) the value of the land at the date of the determination, and

• (b) any enhancement of the land’s value which is attributable to expenditure by the trustees or the governing body of the designated institution.

• (6) More than one determination may be made under subsection (4) in relation to a particular disposal where it is just to do so, in particular where the disposal involves the creation of a lease.

• (7) If trustees permit land to which this section applies to be used for purposes not connected with the designated institution—

• (a) they shall be treated for the purposes of this section as having disposed of the land, and

• (b) subsection (4) shall have effect as if the reference to the proceeds of disposal were a reference to the value of the land.

• (8) Where a designated institution has ceased to exist—

• (a) this section applies to land which satisfied subsection (1) or (2) immediately before the institution ceased to exist, and

• (b) in subsection (7) the reference to purposes not connected with the designated institution shall be treated as a reference to purposes not connected with an institution within the further education sector (within the meaning given by section 91(3) of the Further and Higher Education Act 1992).

• (9) In this section “the appropriate authority” means—

• (a) the Secretary of State , in respect of land in England held ...;

• (aa) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) the Commission for Tertiary Education and Research, in respect of land in Wales.

Further education colleges: governors' liability

145

• (1) Subsection (2) applies where a member of a body listed in subsection (3) is found liable in civil legal proceedings in respect of something which he did or omitted to do in the course of carrying out his duties as a member of the body.

• (2) If—

• (a) the member of the body applies to a court for an order under this subsection, and

• (b) the court considers that the action or omission which gives rise to the member’s liability was honest and reasonable,

the court may make an order extinguishing, reducing or varying the liability.

• (3) The bodies referred to in subsection (1) are—

• (a) a further education corporation established by virtue of section 15, 16 or 47 of the Further and Higher Education Act 1992,

• (aa) a sixth form college corporation as defined in section 90 of that Act, and

• (b) a body corporate established by virtue of section 143(4) or (5) of this Act.

• (4) Where a member of a body listed in subsection (3) applies to a court for an order under this subsection, the court may make any order which—

• (a) relates to liability in civil legal proceedings which may come to be incurred by the member in respect of a specified course of action, and

• (b) is of a kind which the court could have made if the liability had already been incurred.

• (5) In subsections (2)(a) and (4) “a court” means the High Court or the county court; but this subsection is subject to any order under section 1 of the Courts and Legal Services Act 1990 (allocation of business between High Court and county courts).

Financial support for students

146

• (1) The Teaching and Higher Education Act 1998 shall be amended as follows.

• (2) In section 22 (new arrangements for giving financial support to students)—

• (a) in subsection (1) for “attending” substitute “ undertaking ”, and

• (b) in subsections (2)(h) and (7) omit “attendance on”.

• (3) In section 23 (transfer or delegation of functions relating to student support) in subsection (1)(b)—

• (a) for “at” substitute “ with ”, and

• (b) for “attending” substitute “ undertaking ”.

• (4) In section 26 (imposition of conditions as to fees at further or higher education institutions) in subsections (4), (5) and (10)(b) for “attending” (in each place) substitute “ undertaking ”.

• (5) In section 28(1) (interpretation) in the definition of “fees” for “attendance on” (in each place) substitute “ undertaking ”.

Financial support for students: Northern Ireland

147

• (1) The Education (Student Support) (Northern Ireland) Order 1998 shall be amended as follows.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) In Article 3 (new arrangements for giving financial support to students)—

• (a) in paragraph (1) for “attending” substitute “ undertaking ”;

• (b) in paragraphs (2)(h) and (7) omit “attendance on”.

• (4) In Article 4 (transfer or delegation of functions relating to student support) in paragraph (1)(b)—

• (a) for “at” substitute “ with ”, and

• (b) for “attending” substitute “ undertaking ”.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sex education

148

• (1) The Education Act 1996 shall be amended as follows.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) In section 403 (sex education: manner of provision) in subsection (1) omit “local education authority,”.

• (4) After subsection (1) of that section insert—

(1A) The Secretary of State must issue guidance designed to secure that when sex education is given to registered pupils at maintained schools— (a) they learn the nature of marriage and its importance for family life and the bringing up of children, and (b) they are protected from teaching and materials which are inappropriate having regard to the age and the religious and cultural background of the pupils concerned. (1B) In discharging their functions under subsection (1) governing bodies and head teachers must have regard to the Secretary of State’s guidance. (1C) Guidance under subsection (1A) must include guidance about any material which may be produced by NHS bodies for use for the purposes of sex education in schools. (1D) The Secretary of State may at any time revise his guidance under subsection (1A).

• (5) In subsection (2) of that section—

• (a) for “subsection (1)” substitute “ this section ”, and

• (b) at the end insert “and “NHS body” has the same meaning as in section 22 of the National Health Service Act 1977.”

• (6) In section 404 (sex education: statements of policy) after subsection (1) insert—

(1A) A statement under subsection (1) must include a statement of the effect of section 405.

Amendments

149

Schedule 9 contains miscellaneous and consequential amendments.

General

Wales

150

• (1) Where this Part of this Act confers a function on the Secretary of State (whether by amendment of another Act or otherwise)—

• (a) the function shall be exercisable in relation to Wales by the National Assembly for Wales, and

• (b) for that purpose any reference to the Secretary of State shall be taken as a reference to the National Assembly.

• (2) Where—

• (a) this Part confers a function on the Secretary of State by amendment of an Act, and

• (b) any functions of that Act have before the passing of this Act been transferred to the National Assembly by Order in Council under section 22 of the Government of Wales Act 1998 (transfer of functions),

the Order shall be treated for the purposes of any varying or revoking Order as having transferred to the National Assembly the function mentioned in paragraph (a).

• (3) Subsection (1)(a) has effect subject to any Order in Council made by virtue of subsection (2).

• (4) This section shall not apply in relation to—

• (a) section ... 92, 104, 134 , 144 or 154 of this Act,

• (b) the amendment of section 1(3) of the Education (Fees and Awards) Act 1983 (fees at institutions) made by Schedule 9 to this Act,

• (c) the amendment of section 26 of the Employment Act 1988 (status of trainees etc) made by Schedule 9 to this Act ...

• (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Transitional provisions

151

• (1) Part 1 of Schedule 10 contains transitional provisions relating to—

• (a) the dissolution of the Further Education Funding Councils, and

• (b) the establishment of the Learning and Skills Council for England ....

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) Part IV of Schedule 10 contains transitional provision relating to the Education (Student Loans) Act 1990.

• (4) Nothing in that Schedule prejudices the generality of section 152(6).

Orders and regulations

152

• (1) Any power to make an order or regulations under this Act shall be exercised by statutory instrument.

• (2) A statutory instrument is subject to annulment in pursuance of a resolution of either House of Parliament if the instrument contains—

• (a) an order made by the Secretary of State under any provision of this Act other than section 143(4) or 154(1) or (3), or

• (b) regulations made by the Secretary of State under any provision of this Act.

• (2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2D) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) A statutory instrument is subject to annulment in pursuance of a resolution of the Scottish Parliament if the instrument contains regulations made by the Scottish Ministers under section 104.

• (4) The power of the Department for Employment and Learning in Northern Ireland to make regulations under section 106 or 109 shall be exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979; and any such regulations shall be subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 as if they were statutory instruments within the meaning of that Act.

• (4A) Any statutory instrument containing regulations made by the Welsh Ministers under section 33D(3), 33E(3), 33G(3), 33I(3), 33P or 33Q is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

• (4B) No order shall be made by the Welsh Ministers under section 33G(5), 33I(5) or 33M unless a draft of the instrument containing the order has been laid before, and approved by a resolution of, the National Assembly for Wales.

• (5) An order or regulations under this Act may make different provision for different purposes.

• (6) An order or regulations under this Act may contain such incidental, supplementary, saving or transitional provisions as the person making the order or regulations thinks fit.

Repeals

153

Schedule 11 contains repeals.

Commencement

154

• (1) The following provisions of this Act shall come into force in accordance with provision made by the Secretary of State by order—

• (a) Parts I and III,

• (b) sections 89, 90, 92, 94, 98, 100(1), 101, 104 to 109, 114 to 122, 132 to 136, 146 and 147,

• (c) in Schedule 9, paragraphs 11, 14, 35, 37 to 39, 41 to 43, 47 to 50, 52(3), 83, 87 and 88,

• (d) Part IV of Schedule 10, and

• (e) in Schedule 11, the repeals in section 91 of the Further and Higher Education Act 1992 and section 142 of the School Standards and Framework Act 1998 and the repeals consequential upon any provision mentioned in paragraph (c).

• (2) The following provisions of this Act shall come into force in accordance with provision made by the National Assembly for Wales by order—

• (a) Parts II and IV, and

• (b) sections 91, 93, 99, 100(2), 102, 123 to 129 and 138.

• (3) If and in so far as a provision of this Part relates to England, the Secretary of State may (subject to subsection (5)) make provision by order about its commencement.

• (4) If and in so far as a provision of this Part relates to Wales, the National Assembly for Wales may (subject to subsection (5)) make provision by order about its commencement.

• (5) Subsections (3) and (4) do not apply to—

• (a) a provision mentioned in subsection (1) or (2),

• (b) any of sections 130, 131, 150, 151, 152, 155 and 156,

• (c) Schedule 8,

• (d) any provision of Schedule 9 or 11 which is consequential upon section 130 or 131 or Schedule 8,

• (e) Parts I to III of Schedule 10, or

• (f) this section.

• (6) The Secretary of State may by order make provision—

• (a) in consequence of a provision of this Act being brought into force at different times in relation to England and in relation to Wales, or

• (b) in consequence of one provision of this Act being brought into force before another.

• (7) The National Assembly for Wales may by order make provision in relation to Wales in consequence of either of the matters mentioned in subsection (6)(a) and (b).

• (8) An order under subsection (6) or (7) may, in particular, disapply or modify the application of provision made by or under this or any other Act.

Extent

155

• (1) Sections 104, 152, 154, 156 and this section extend to England and Wales, Scotland and Northern Ireland.

• (2) Section 107 extends to England and Wales and Northern Ireland.

• (3) Sections 106, 109 and 147 extend to Northern Ireland only.

• (4) Any amendment or repeal in this Act has the same extent as the provision amended or repealed.

• (5) Subject to the above, this Act extends to England and Wales only.

Citation

156

This Act may be cited as the Learning and Skills Act 2000.

SCHEDULE 1

Chief executive

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Tenure of members

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Salaries, pensions, Et ceteralaetc

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Staff

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Delegation of functions

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Members’ interests

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Proceedings

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Seal and proof of instruments

12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

13

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Accounts

14

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Council’s status

15

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 2

Director

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Tenure of members

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Salaries, allowances

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Staff

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Delegation of functions

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Proceedings

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 3

...

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Young people’s learning committee

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Adult learning committee

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Functions and members of committees

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Tenure of members

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Allowances

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Proceedings

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 4

Chief executive

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Tenure of members

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Salaries, pensions, Et ceteralaetc

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Staff

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Delegation of functions

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Members’ interests

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Proceedings

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Seal and proof of instruments

12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

13

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Accounts

14

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Council’s status

15

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 5

General

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Regional committees

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Other committees

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Tenure of members

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Allowances

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Delegation of functions

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Proceedings

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 6

Tenure of members

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Salaries, pensions, Et ceteralaetc

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Staff

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Committees

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Supplementary powers

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Delegation of functions

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Members’ interests

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Proceedings

11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Seal and proof of instruments

12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

13

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Accounts

14

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Financial year of the Inspectorate

15

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Inspectorate’s status

16

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

House of Commons disqualification

17

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 7

Part I — Power to publish proposals

Secondary schools

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Institutions for 16-19 year olds

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

13

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

14

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part II — Publication of proposals

Closure of sixth form: England

15

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

16

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

17

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

18

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Closure of sixth form: Wales

19

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

20

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

21

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

22

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Closure of institution for 16-19 year olds: England

23

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

24

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

25

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

26

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Closure of institution for 16-19 year olds: Wales

27

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

28

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

29

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

30

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Schools maintained by local authority outside its area

31

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part III — Implementation of proposals

England

32

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

33

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

34

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

35

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

36

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

37

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

38

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Wales

39

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

40

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

41

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

42

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

43

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

44

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Schools maintained by local authority outside its area

45

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 8

Transfer schemes

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Restriction on disposal

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Restriction on appropriation

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Duty to inform

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Former city academies

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Other Acts

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Regulations

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

General

13

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

14

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 9

Introduction

1

The amendments specified in this Schedule shall have effect.

Public Records Act 1958 (c. 51)

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Superannuation Act 1972 (c. 11)

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

House of Commons Disqualification Act 1975 (c. 24)

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sex Discrimination Act 1975 (c. 65)

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Race Relations Act 1976 (c. 74)

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Education (Fees and Awards) Act 1983 (c. 40)

11

In section 1 of the Education (Fees and Awards) Act 1983 (higher fees for students without UK connection) in subsection (3) insert after paragraph (e)—

(f) any institution which receives funding from the Learning and Skills Council for England (whatever proportion that funding represents of the institution’s total funding) and which is specified in, or is of a class or description specified in, the regulations; (g) any institution which receives funding from the National Council for Education and Training for Wales (whatever proportion that funding represents of the institution’s total funding) and which is specified in, or is of a class or description specified in, the regulations.

Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33)

12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Local Government Act 1988 (c. 9)

13

In paragraph 8(3)(a)(i) of Schedule 1 to the Local Government Act 1988 (competition: excluded activities) for “section 15” substitute “ section 15A or 15B ”.

Employment Act 1988 (c. 19)

14

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Education Reform Act 1988 (c. 40)

15

In section 124 of the Education Reform Act 1988 (powers of higher education corporations)—

• (a) in subsection (2)(b) omit the words “, as defined by section 15(6) and (7) of the Education Act 1996”,

• (b) in subsection (2) for paragraph (f) substitute—

(f) to subscribe for or otherwise acquire shares in or securities of a company for the purpose of carrying on any such activities;

,

and

• (c) at the end insert—

(5) For the purposes of subsection (2)(b) a person has a learning difficulty if— (a) he has a significantly greater difficulty in learning than the majority of persons of his age, or (b) he has a disability which either prevents or hinders him from making use of facilities of a kind generally provided by institutions within the higher education sector for persons of his age. (6) But a person is not to be taken to have a learning difficulty solely because the language (or form of language) in which he is or will be taught is different from a language (or form of language) which has at any time been spoken in his home.

16

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

17

For section 161(1)(b) of that Act (interpretation: further or higher education functions) substitute—

(b) references to the further or higher education functions of a local authority are references to the functions of the authority (except in so far as they relate to secondary education) under sections 15A and 15B of the Education Act 1996 (post-16 education) and section 120 of this Act (higher education);

.

18

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Environmental Protection Act 1990 (c. 43)

19

In section 98 of the Environmental Protection Act 1990 (definitions) in subsection (2)(e) for “or city college for the technology of the arts” substitute “ , city college for the technology of the arts or city academy, ”.

Further and Higher Education Act 1992 (c. 13)

20

In the Further and Higher Education Act 1992, omit sections 1 to 9 (the Further Education Funding Councils for England and Wales).

21

In section 18 of that Act (further education corporation: powers)—

• (a) after subsection (1)(b) insert “ and those powers are referred to in section 19 of this Act as the corporation’s principal powers ”;

• (b) subsections (4) to (6) shall cease to have effect.

22

• (1) Section 19 of that Act (supplementary powers of a further education corporation) is amended as follows.

• (2) In subsection (3) omit “within the meaning of section 4(6) of this Act”.

• (3) In subsection (4) after paragraph (b) insert—

(bb) subscribe for or otherwise acquire shares in or securities of a company,

.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) After subsection (5) insert—

(6) A person has a learning difficulty if— (a) he has a significantly greater difficulty in learning than the majority of persons of his age, or (b) he has a disability which either prevents or hinders him from making use of facilities of a kind generally provided by institutions within the further education sector for persons of his age. (7) But a person is not to be taken to have a learning difficulty solely because the language (or form of language) in which he is or will be taught is different from a language (or form of language) which has at any time been spoken in his home.

23

• (1) Section 22 of that Act (subsequent instruments and articles) is amended as follows.

• (2) In subsection (2) for “any instrument” substitute “ , replace or revoke any instrument of government or articles ”.

• (3) In subsection (5)—

• (a) in paragraph (a) after “modify” insert “ , replace or revoke ”;

• (b) in paragraph (b) after “modified” insert “ , replaced or revoked ”.

24

• (1) Section 29 of that Act (government and conduct of designated institutions) is amended as follows.

• (2) In subsection (2) for “subsection (3)” substitute “ subsections (3) and (7A) ”.

• (3) After subsection (7) insert—

(7A) Provision made by the instrument in relation to the appointment of members of the governing body shall take into account the members who may be appointed by— (a) the Learning and Skills Council for England under section 11 of the Learning and Skills Act 2000, or (b) the National Council for Education and Training for Wales under section 39 of that Act.

• (4) In subsection (8) after “modify” insert “ , replace or revoke ” and after “modified” insert “ , replaced or revoked ”.

25

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

26

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

27

• (1) Section 44 of that Act (collective worship) is amended as follows.

• (2) For subsections (1) and (2) substitute—

(1) This section applies to any institution within the further education sector which is principally concerned with the provision of full-time education suitable to the requirements of persons over compulsory school age who have not attained the age of nineteen years. (2) An institution is of voluntary origin for the purposes of this section if— (a) immediately before it joined the further education sector it was a voluntary school (within the meaning of the Education Act 1996), (b) immediately before it joined the further education sector it was a foundation or voluntary school (within the meaning of the School Standards and Framework Act 1998) having a foundation established otherwise than under that Act, (c) it is designated for the purposes of this paragraph by order of the Secretary of State, or (d) it is formed by or for the purpose of merging two institutions both of which were within paragraphs (a) to (c). (2A) The governing body of an institution to which this section applies shall ensure that at an appropriate time on at least one day in each week during which the institution is open an act of collective worship is held at the institution which persons receiving education at the institution may attend.

• (3) In subsection (3)(b) for “became a further education institution” substitute “ joined the further education sector ”.

• (4) In subsection (4) for “other further education institutions” substitute “ other institutions to which this section applies ”.

• (5) In subsection (5) for “a further education institution” substitute “ an institution to which this section applies ”.

• (6) Omit subsection (6).

• (7) At the end of the section insert—

(7) In the application of this section to an institution which is of voluntary origin by virtue of subsection (2)(d), subsection (3)(b) shall be taken as referring to the religious traditions and practices of the two institutions mentioned in subsection (2)(d).

28

• (1) Section 45 of that Act (religious education) shall be amended as follows.

• (2) For subsections (1) and (2) substitute—

(1) This section applies to any institution to which section 44 of this Act applies. (2) An institution is of voluntary origin for the purposes of this section if it is of voluntary origin for the purposes of section 44 of this Act. (2A) The governing body of an institution to which this section applies shall ensure that religious education is provided at the institution for all persons attending the institution who wish to receive it.

• (3) In subsection (3) for “a further education institution” substitute “ an institution to which this section applies ”.

• (4) In subsection (5)—

• (a) for “each further education institution” substitute “ institution to which this section applies ”,

• (b) in paragraph (a)(ii) for “became a further education institution” substitute “ joined the further education sector ”, and

• (c) in paragraph (b) for “further education institutions” substitute “ other institutions to which this section applies ”.

• (5) Omit subsection (6).

• (6) At the end of the section insert—

(7) In the application of this section to an institution which is an institution of voluntary origin by virtue of section 44(2)(d), subsection (5)(a)(ii) shall be taken as referring to the religious traditions and practices of the two institutions mentioned in section 44(2)(d).

29

In section 52 of that Act (duty to provide for named individuals) in subsection (1) omit “full-time”.

30

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

31

In section 54 of that Act (duty to give information) in subsection (1)(b) for “or city college for the technology of the arts” substitute “ , city college for the technology of the arts or city academy ”.

32

In section 55 of that Act (inspections etc of local authority institutions other than schools), subsections (1) to (3) and paragraphs (a) and (b) of subsection (7) shall cease to have effect.

33

Section 56 of that Act (directions) shall cease to have effect.

34

In that Act for section 57 substitute—

(57) (1) This section applies if one or more of the conditions listed in subsection (2) is satisfied regarding an institution within the further education sector; and it is immaterial whether or not a complaint is made by any person. (2) These are the conditions— (a) the Secretary of State is satisfied that the institution’s affairs have been or are being mismanaged by its governing body; (b) he is satisfied that the institution’s governing body have failed to discharge any duty imposed on them by or for the purposes of any Act; (c) he is satisfied that the institution’s governing body have acted or are proposing to act unreasonably with respect to the exercise of any power conferred or the performance of any duty imposed by or under any Act; (d) a report regarding the institution and made by a person listed in subsection (3) indicates that the institution has serious weaknesses, or is failing or likely to fail to give an acceptable standard of education. (3) These are the persons— (a) Her Majesty’s Chief Inspector of Schools in England; (b) Her Majesty’s Chief Inspector of Education and Training in Wales; (c) the Adult Learning Inspectorate; (d) the Chief Inspector of Adult Learning. (4) If this section applies the Secretary of State may by order— (a) declare which of the conditions is (or are) satisfied, and (b) do one or more of the things listed in subsection (5). (5) He may— (a) remove all or any of the members of the institution’s governing body; (b) appoint new members of that body if there are vacancies (however arising); (c) give to that body such directions as he thinks expedient as to the exercise of their powers and performance of their duties. (6) Directions may be given to a body under this section despite any enactment making the exercise of a power or performance of a duty contingent on the body’s opinion. (7) A governing body must comply with any directions given to them under this section. (8) An appointment of a member of a governing body under this section shall have effect as if made in accordance with the instrument of government and articles of government of the institution concerned. (9) Section 507 of the Education Act 1996 (power to direct local inquiries) applies for the purposes of the Secretary of State’s functions under this section as it applies for the purposes of his functions under that Act.

35

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

36

Section 60A of that Act (partnership arrangements: Wales) shall cease to have effect.

37

In that Act, after section 61 insert—

(61A) (1) In this Part of this Act any reference to a council is to a learning and skills council. (2) In this Part of this Act a reference to the appropriate council, in relation to any educational institution, is to be construed as follows— (a) if the institution mainly serves the population of England, the reference is to the Learning and Skills Council for England; (b) if the institution mainly serves the population of Wales, the reference is to the National Council for Education and Training for Wales; (c) if the institution receives financial support from the other council, the reference is to that council also.

38

In section 82 of that Act (joint exercise of functions) in subsection (3)(a) for “further education funding council” substitute “ learning and skills council ”.

39

In section 83 of that Act (efficiency studies) in subsection (1) for “further education funding council” substitute “ learning and skills council ”.

40

In section 89(2) of that Act (orders and regulations)—

• (a) after “29(6) and (8),” insert “ 30(2)(b), ”, and

• (b) after “38,” insert “ 44(2)(c), ”.

41

In section 90 of that Act (interpretation) after subsection (2) insert—

(2A) For the purposes of this Act the learning and skills councils are the Learning and Skills Council for England and the National Council for Education and Training for Wales. (2B) If in construing this Act or any other Act a dispute arises as to whether any functions are exercisable by one of the learning and skills councils, the dispute shall be determined by the Secretary of State after consulting the National Assembly for Wales.

42

In section 91 of that Act (interpretation of Education Acts) omit subsection (2) (references to a further education funding council).

43

In section 92 of that Act (index) in the table for the entry beginning “council (in Part I)” substitute—

council (in Part I), or learning and skills council	sections 61A(1) and 90(2A)

.

44

• (1) Schedule 4 to that Act (instruments and articles of government for further education corporations) is amended as follows.

• (2) After paragraph 1 insert—

(1A) Provision made by an instrument under this Schedule in relation to the appointment of members shall take into account the members who may be appointed by— (a) the Learning and Skills Council for England under section 11 of the Learning and Skills Act 2000, or (b) the National Council for Education and Training for Wales under section 39 of that Act.

• (3) In paragraph 5, at the end insert “ or to the principal of the institution ”.

• (4) That Act shall be taken to have been enacted with the amendment made by sub-paragraph (3).

45

Schedule 5A to that Act (partnership arrangements: Wales) shall cease to have effect.

Welsh Language Act 1993 (c. 38)

46

In section 6(1) of the Welsh Language Act 1993 (meaning of “public body”) for paragraph (j) substitute—

(j) the National Council for Education and Training for Wales;

.

Value Added Tax Act 1994 (c. 23)

47

• (1) In Schedule 9 to the Value Added Tax Act 1994 (exemptions) Group 6 (education) is amended as follows.

• (2) In item 3 (provision of examination services) in paragraph (b)(i) for “or 5” substitute “ , 5 or 5A ”.

• (3) After item 5 insert—

(5A) The provision of education or vocational training and the supply, by the person providing that education or training, of any goods or services essential to that provision, to the extent that the consideration payable is ultimately a charge to funds provided by the Learning and Skills Council for England or the National Council for Education and Training for Wales under Part I or Part II of the Learning and Skills Act 2000.

• (4) After Note (5) insert—

(5A) For the purposes of item 5A a supply of any goods or services shall not be taken to be essential to the provision of education or vocational training unless— (a) in the case of the provision of education, the goods or services are provided directly to the person receiving the education; (b) in the case of the provision of vocational training, the goods or services are provided directly to the person receiving the training.

Education Act 1994 (c. 30)

48

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Disability Discrimination Act 1995 (c. 50)

49

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Employment Rights Act 1996 (c. 18)

50

In section 63A of the Employment Rights Act 1996 (right of young persons to time off for study or training) in subsection (2)(b)(i) for the words from “means such” to “1992,” substitute “ has the same meaning as in the Education Act 1996, ”.

Education Act 1996 (c. 56)

51

In section 1 of the Education Act 1996 (the stages of education) in subsection (3) for the words from “confers functions” to the end substitute “ makes provision with respect to further education. ”

52

• (1) Section 13 of that Act (general responsibility for education) is amended as follows.

• (2) In subsection (1) for “, secondary education and further education” substitute “ and secondary education ”.

• (3) In subsection (2) for paragraphs (a) and (b) substitute—

(a) the Learning and Skills Council for England or the National Council for Education and Training for Wales, or (b) the higher education funding councils established under section 62 of the Further and Higher Education Act 1992.

53

Section 15 of that Act (functions in respect of provision of further education) shall cease to have effect.

54

• (1) Section 15A of that Act (functions of local education authorities in respect of full-time education for 16 to 18 year olds) is amended as follows.

• (2) In subsection (1) after “full-time” insert “ or part-time ”.

• (3) After subsection (1) insert—

(1A) The power under subsection (1) to secure the provision of education includes power to secure the provision— (a) of training, including vocational, social, physical and recreational training, and (b) of organised leisure time occupation (within the meaning of section 2(6)) which is provided in connection with the provision of education or of training within paragraph (a).

• (4) In subsection (2) after “functions under this section” insert “ in respect of secondary education ”.

• (5) After subsection (2) insert—

(3) In exercising their functions under this section in respect of further education a local authority shall in particular have regard to the needs of persons with learning difficulties (within the meaning of section 13(5) and (6) of the Learning and Skills Act 2000). (4) A local authority may do anything which appears to them to be necessary or expedient for the purposes of or in connection with the exercise of their functions under this section.

55

After section 15A of that Act insert—

(15B) (1) A local authority may secure the provision for their area of full-time or part-time education suitable to the requirements of persons who have attained the age of 19, including provision for persons from other areas. (2) The power under subsection (1) to secure the provision of education includes power to secure the provision— (a) of training, including vocational, social, physical and recreational training, and (b) of organised leisure time occupation (within the meaning of section 2(6)) which is provided in connection with the provision of education or of training within paragraph (a). (3) In exercising their functions under this section a local authority shall in particular have regard to the needs of persons with learning difficulties (within the meaning of section 13(5) and (6) of the Learning and Skills Act 2000). (4) A local authority may do anything which appears to them to be necessary or expedient for the purposes of or in connection with the exercise of their functions under this section. (5) This section does not apply to higher education.

56

In section 312(2) of that Act (meaning of “learning difficulty”) for “section 15(5)” substitute “ section 15A or 15B ”.

57

• (1) Section 408 of that Act (provision of information) is amended as follows.

• (2) In subsection (1)(a) after “Education Act 1997” insert “ or section 96 of the Learning and Skills Act 2000 ”.

• (3) In subsection (2) after paragraph (d) insert

, and (e) arrangements relating to external qualifications (within the meaning given by section 96(5) of the Learning and Skills Act 2000) and to courses leading to such qualifications.

58

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

59

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

60

In section 537 of that Act (power of the Secretary of State to require information from governing bodies etc) in subsection (7)(b) for “or city college for the technology of the arts” substitute “ , city college for the technology of the arts or city academy ”.

61

In section 541 of that Act (distribution of information about further education institutions) in subsection (1)(b) for “or city college for the technology of the arts” substitute “ , city college for the technology of the arts or city academy ”.

62

In section 550B of that Act (detention outside school hours) in subsection (2)(c) for “or city college for the technology of the arts” substitute “ , city college for the technology of the arts or city academy ”.

63

In section 580 of that Act (index) in the table at the appropriate place insert—

64

In Schedule 1 to that Act (pupil referral units) in paragraph 8 for “county schools” substitute “ community schools ”.

School Inspections Act 1996 (c. 57)

65

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

66

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

67

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

68

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Education Act 1997 (c. 44)

69

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

70

In section 31 of that Act (other functions of the Qualifications, Curriculum and Assessment Authority for Wales) after subsection (4) insert—

(5) The Authority may supply any person designated by the National Assembly for Wales with such information as the Authority thinks fit about any matter in relation to which it has a function.

71

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

72

In section 44(3)(a) of that Act (co-operation with careers advisers) for “the age of 18” there shall be substituted “ the age of 16 ”.

Audit Commission Act 1998 (c. 18)

73

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Teaching and Higher Education Act 1998 (c. 30)

74

• (1) Section 26 of the Teaching and Higher Education Act 1998 (imposition of conditions as to fees at further or higher education institutions) is amended as follows.

• (2) Omit subsections (1) and (2).

• (3) In each of subsections (6), (7), (10)(a) and (11)(b) for “subsection (2) or (4)” substitute “ subsection (4) ”.

• (4) In subsection (9)—

• (a) in the definition of “the relevant academic year” for “subsection (2) or (4)” substitute “ subsection (4) ”, and

• (b) in the definition of “specified” for “subsection (1) or (3), as the case may be” substitute “ subsection (3) ”.

• (5) In subsection (11) for “subsection (1) or (3)”, in both places where the words occur, substitute “ subsection (3) ”.

75

In section 28(1) of that Act (interpretation) in the definition of “publicly-funded institution”, in paragraph (a)—

• (a) omit “5 or”,

• (b) omit the words from “from a further” to “its costs”, and

• (c) after “1996” insert “ or any institution receiving financial resources under section 5 or 34 of the Learning and Skills Act 2000 ”.

76

Section 34 of that Act (inspection of vocational training in Wales) shall cease to have effect.

77

In section 35 of that Act (inspection of careers services in Wales), for subsection (6) substitute—

(6) Any inspection under this section shall be conducted by one or more of the following— (a) any of Her Majesty’s Inspectors of Education and Training in Wales or Arolgwyr Ei Mawrhydi dros Addysg a Hyfforddiant yng Nghymru, or (b) any additional inspector authorised under paragraph 2 of Schedule 1 to the School Inspections Act 1996; but such an inspector or inspectors may be assisted by such other persons (whether or not members of the Chief Inspector’s staff) as the Chief Inspector thinks fit. (6A) In conducting an inspection under this section, the inspector or inspectors shall act in accordance with any instruction or guidelines given from time to time by the National Assembly for Wales. (6B) Where an inspection under this section has been completed, the inspector or inspectors shall make a written report on the inspection and shall send the report to the National Assembly for Wales. (6C) The National Assembly for Wales may arrange for any report of an inspection under this section to be published in such manner as the National Assembly for Wales considers appropriate; and section 42A(2) to (4) of the School Inspections Act 1996 shall apply in relation to the publication of any such report by the National Assembly for Wales as they apply to the publication of a report by the Chief Inspector under any of the provisions mentioned in section 42A(2).

School Standards and Framework Act 1998 (c. 31)

78

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

79

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

80

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

81

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

82

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

83

In section 30(3) of that Act (notice by governing body to discontinue foundation or voluntary school) for “the appropriate further education funding council” substitute “ the Learning and Skills Council for England (if the school is in England) or the National Council for Education and Training for Wales (if the school is in Wales) ”.

84

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

85

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

86

Part VI of that Act (partnership arrangements in Wales) shall cease to have effect.

87

• (1) Section 137 of that Act (Education Transfer Council: alteration and dissolution) shall be amended as follows.

• (2) In subsection (3)(c) for “or under the Education Reform Act 1988” substitute “ , under the Education Reform Act 1988 or under the Further and Higher Education Act 1992 ”.

• (3) At the end of subsection (4)(a) insert “or section 34 or 36 of, or Schedule 5 or 7 to, the Further and Higher Education Act 1992”.

88

In section 142(1) of that Act (general interpretation) omit the definition of “the appropriate further education funding council”.

89

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

90

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

91

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Government of Wales Act 1998 (c. 38)

92

• (1) Section 104 of the Government of Wales Act 1998 (funding of the Chief Inspector of Education and Training in Wales) is amended as follows.

• (2) In subsection (4), omit the words from “; and in determining” to the end.

• (3) After subsection (4), insert—

(4A) The Assembly shall— (a) approve the plan submitted to it under section 87 of the Learning and Skills Act 2000; and (b) determine the amount of the funding it is to provide under this section in accordance with the plan as approved by it. (4B) But before it gives its approval under subsection (4A)(a), the Assembly may require the Chief Inspector to modify the plan.

93

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

94

In Part I of Schedule 4 to that Act (public bodies subject to reform by Assembly) for the entry relating to the Further Education Funding Council for Wales substitute—

1. The National Council for Education and Training for Wales.

SCHEDULE 10

Part I — English Councils

Introduction

1

For the purposes of this Part of this Schedule—

• (a) the appointed day is the day appointed under section 154 for the commencement of section 89;

• (b) the old Council is the Further Education Funding Council for England;

• (c) the new Council is the Learning and Skills Council for England;

• (d) the new Council’s full functions are its functions under sections 2 to 18.

Transitional provisions

2

The old Council must do its best to secure that any functions remaining to be discharged by it at any time after the commencement of this paragraph are discharged before the appointed day.

3

• (1) Anything being done by or in relation to the old Council immediately before the appointed day may be continued on or after that day by or in relation to the new Council.

• (2) In particular, any legal proceedings to which the old Council is a party immediately before the appointed day may be continued on or after that day by or in relation to the new Council.

4

Every agreement (whether written or not), and every instrument or other document, which relates to any property, right or liability to which section 89(1)(b) applies shall have effect, so far as may be required for continuing its effect on or after the appointed day, as if—

• (a) where the old Council is a party to it, the new Council were substituted as that party,

• (b) for a reference to the old Council there were substituted a reference to the new Council,

• (c) for a reference (however worded and whether express or implied) to the chairman, the chief officer or a member of the old Council there were substituted a reference to the chairman, the chief executive or a member of the new Council, and

• (d) for a reference to the office or place of business of the old Council there were substituted a reference to the office or place of business of the new Council.

5

• (1) This paragraph applies if the new Council is established before it acquires its full functions.

• (2) The Secretary of State may by order make provision—

• (a) conferring such powers on the new Council as the Secretary of State thinks will help it to carry out its full functions when it acquires them;

• (b) imposing on the old Council a duty to give such assistance to the new Council as the new Council may reasonably require to help it to carry out its full functions when it acquires them.

• (3) The Secretary of State may make an order under this paragraph at any time before the day on which the new Council acquires its full functions.

6

At any time before the day on which the new Council acquires its full functions, section 1(2) has effect as if for “12” there were substituted “2”.

7

• (1) The new Council must discharge a duty which satisfies the following three conditions.

• (2) The first condition is that the duty arises under—

• (a) section 8(6)(a) of the Further and Higher Education Act 1992 (report on further education for disabled students), or

• (b) paragraph 16 of Schedule 1 to that Act (accounts).

• (3) The second condition is that the duty arises in respect of a period ending before the appointed day.

• (4) The third condition is that apart from this Act the duty—

• (a) would have fallen to be discharged by the old Council after the appointed day, or

• (b) fell to be discharged by the old Council before the appointed day but has not been discharged.

8

If an order under section 8(4) of the Further and Higher Education Act 1992 confers or imposes a function on the old Council, on or after the appointed day the order is to be treated as if—

• (a) it were made under section 18(4) of this Act, and

• (b) it conferred or imposed the function on the new Council.

Part II — WELSH COUNCILS

Introduction

9

For the purposes of this Part of this Schedule—

• (a) the appointed day is the day appointed under section 154 for the commencement of section 91;

• (b) the old Council is the Further Education Funding Council for Wales;

• (c) the new Council is the National Council for Education and Training for Wales;

• (d) the new Council’s full functions are its functions under sections 31 to 46.

Transitional provisions

10

The old Council must do its best to secure that any functions remaining to be discharged by it at any time after the commencement of this paragraph are discharged before the appointed day.

11

• (1) Anything being done by or in relation to the old Council immediately before the appointed day may be continued on or after that day by or in relation to the new Council.

• (2) In particular, any legal proceedings to which the old Council is a party immediately before the appointed day may be continued on or after that day by or in relation to the new Council.

12

Every agreement (whether written or not), and every instrument or other document, which relates to any property, right or liability to which section 91(1)(b) applies shall have effect, so far as may be required for continuing its effect on or after the appointed day, as if—

• (a) where the old Council is a party to it, the new Council were substituted as that party,

• (b) for a reference to the old Council there were substituted a reference to the new Council,

• (c) for a reference (however worded and whether express or implied) to the chairman, the chief officer or a member of the old Council there were substituted a reference to the chairman, the chief executive or a member of the new Council, and

• (d) for a reference to the office or place of business of the old Council there were substituted a reference to the office or place of business of the new Council.

13

• (1) This paragraph applies if the new Council is established before it acquires its full functions.

• (2) The National Assembly may by order make provision—

• (a) conferring such powers on the new Council as the National Assembly thinks will help the new Council to carry out its full functions when it acquires them;

• (b) imposing on the old Council a duty to give such assistance to the new Council as the new Council may reasonably require to help it to carry out its full functions when it acquires them.

• (3) The National Assembly may make an order under this paragraph at any time before the day on which the new Council acquires its full functions.

14

At any time before the day on which the new Council acquires its full functions, section 30(2) has effect as if for “10” there were substituted “ 2 ”.