Learning and Skills Act 2000

(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 ”.

15

• (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.

16

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 46(4) of this Act, and

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

Part III — Adult Learning Inspectorate

..

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

Part IV — Student loans

18

• (1) Sub-paragraph (2) has effect in relation to the Education (Student Loans) Act 1990 to the extent that it continues in force by virtue of any savings made, in connection with its repeal by the Teaching and Higher Education Act 1998, by an order under section 46(4) of the Teaching and Higher Education Act 1998.

• (2) Section 1(3) of the Education (Student Loans) Act 1990 shall have effect as if the definition of “institutions receiving support from public funds” included a reference to institutions which receive financial resources under section 5 or 34 of this Act.

SCHEDULE 11

Education and training for persons aged 16 to 19.

Strategy for functions of Council: Greater London

Education and training for persons over 19.

Area inspections.

Further education institutions: designation.

Induction periods for teachers.

Approved qualifications: Wales.

Qualifying accounts.

Financial support for students: Northern Ireland.

Equality of opportunity.

The extended remit of the Chief Inspector for Wales.

Public Records Act 1958 (c.51)

Superannuation Act 1972 (c.11)

House of Commons Disqualification Act 1975 (c.24)

Sex Discrimination Act 1975 (c. 65)

. . . . . . .

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

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

Local Government Act 1988 (c.9)

Employment Act 1988 (c.19)

Education Reform Act 1988 (c.40)

Environmental Protection Act 1990 (c.43)

Further and Higher Education Act 1992 (c.13)

Welsh Language Act 1993 (c.38)

Value Added Tax Act 1994 (c.23)

Education Act 1994 (c.30)

Disability Discrimination Act 1995 (c.50)

Employment Rights Act 1996 (c.18)

Education Act 1996 (c.56)

School Inspections Act 1996 (c.57)

Education Act 1997 (c.44)

Audit Commission Act 1998 (c.18)

Teaching and Higher Education Act 1998 (c.30)

School Standards and Framework Act 1998 (c.31)

Government of Wales Act 1998 (c.38)

Editorial notes