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Learning and Skills Act 2000

61 versions · 2000-07-28

2025-09-01

Learning and Skills Act 2000

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2024-09-01

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2023-09-01

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2022-09-25

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2022-01-01

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2020-03-25

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2016-05-01

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2015-05-26

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2015-04-06

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2012-03-14

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2011-09-01

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2011-07-10

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2011-01-19

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2010-10-01

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2010-05-05

Learning and Skills Act 2000

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Changes on 2010-05-05

@@ -4,155 +4,511 @@

### The Council

#### Action plans following section 83 inspections.

##### 1

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### Main duties

#### Restructuring of sixth-form education

##### 2

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#### Supplementary.

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#### Encouragement of education and training

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### Main powers

#### Provision of financial resources

##### 5

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#### Financial resources: conditions

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#### Funding of school sixth-forms

##### 7

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#### Links between education and training and employment

##### 8

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#### Assessments and means tests

##### 9

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#### Qualifying accounts and arrangements

##### 10

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#### Further education: governors

##### 11

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### Other functions

#### Research and information

##### 12

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#### Persons with learning difficulties

##### 13

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#### Equality of opportunity

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#### Plans

##### 15

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#### Strategy

##### 16

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#### Use of information by Council

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#### Supplementary functions

##### 18

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### Local councils

#### Local councils

##### 19

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#### Functions of local councils

##### 20

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#### Guidance to local councils

##### 21

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#### Plans of local councils

##### 22

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#### Duty of local education authorities

##### 23

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#### Guidance and plans: timing

##### 24

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### Miscellaneous

#### Directions

##### 25

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#### Committees

##### 26

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#### Grants to Council

##### 27

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#### Annual report

##### 28

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#### Council’s financial year

##### 29

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## Part II — Further Education and Sixth Form Education: Wales

### ...

#### The Council

##### 1

##### 30

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### Main duties

#### Restructuring of sixth-form education

##### 2

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#### Supplementary.

##### 3

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#### Education and training for persons aged 16 to 19

##### 31

- (1) The National Assembly for Wales (the National Assembly) must secure the provision of proper facilities for—

- (a) education (other than higher education) suitable to the requirements of persons who are above compulsory school age but have not attained the age of 19,

- (b) training suitable to the requirements of such persons,

- (c) organised leisure-time occupation connected with such education, and

- (d) organised leisure-time occupation connected with such training.

- (2) Facilities are proper if they are—

- (a) of a quantity sufficient to meet the reasonable needs of individuals, and

- (b) of a quality adequate to meet those needs.

- (3) In performing the duty imposed on it by subsection (1) the National Assembly must—

- (a) take account of the places where facilities are provided, the character of facilities and the way they are equipped;

- (b) take account of the different abilities and aptitudes of different persons;

- (c) take account of the education and training required in different sectors of employment for employees and potential employees;

- (d) take account of facilities whose provision the National Assembly thinks might reasonably be secured by other persons;

- (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

- (5) For the purposes of this section—

- (a) education includes both full-time and part-time education;

- (b) training includes both full-time and part-time training;

- (c) training includes vocational, social, physical and recreational training;

- (d) higher education is education provided by means of a course of any description mentioned in Schedule 6 to the Education Reform Act 1988.

#### Education and training for persons over 19

##### 32

- (1) The National Assembly must secure the provision of reasonable facilities for—

- (a) education (other than higher education) suitable to the requirements of persons who have attained the age of 19,

- (b) training suitable to the requirements of such persons,

- (c) organised leisure-time occupation connected with such education, and

- (d) organised leisure-time occupation connected with such training.

- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

- (3) In performing the duty imposed on it by subsection (1) the National Assembly must—

- (a) take account of the places where facilities are provided, the character of facilities and the way they are equipped;

- (b) take account of the different abilities and aptitudes of different persons;

- (c) take account of the education and training required in different sectors of employment for employees and potential employees;

- (d) take account of facilities whose provision the National Assembly thinks might reasonably be secured by other persons;

- (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

- (5) For the purposes of this section—

- (a) education includes both full-time and part-time education;

- (b) training includes both full-time and part-time training;

- (c) training includes vocational, social, physical and recreational training;

- (d) higher education is education provided by means of a course of any description mentioned in Schedule 6 to the Education Reform Act 1988.

- (6) References in this Part to post-16 education are to—

- (a) education falling within section 31(1)(a) or subsection (1)(a) above, and

- (b) organised leisure-time occupation connected with such education.

- (7) References in this Part to post-16 training are to—

- (a) training falling within section 31(1)(b) or subsection (1)(b) above, and

- (b) organised leisure-time occupation connected with such training.

#### Encouragement of education and training

##### 4

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##### 33

The National Assembly must—

- (a) encourage individuals to undergo post-16 education and training;

- (b) encourage employers to participate in the provision of post-16 education and training;

- (c) encourage employers to contribute to the costs of post-16 education and training.

### Main powers

#### Provision of financial resources

##### 5

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##### 34

- (1) The National Assembly may secure the provision of financial resources to—

- (a) persons providing or proposing to provide post-16 education or training;

- (b) persons providing or proposing to provide goods or services in connection with the provision by others of post-16 education or training;

- (c) persons receiving or proposing to receive post-16 education or training;

- (d) persons providing or proposing to provide courses falling within paragraph 1(g) or (h) of Schedule 6 to the Education Reform Act 1988 (courses in preparation for professional examinations at a higher level or providing education at a higher level);

- (e) institutions within the further or higher education sector (within the meaning of section 91 of the Further and Higher Education Act 1992) which provide or propose to provide secondary education (other than post-16 education);

- (f) persons undertaking or proposing to undertake research relating to education or training;

- (g) persons providing or proposing to provide facilities designed to form links between (on the one hand) employers and (on the other) persons who provide or receive education or training;

- (h) persons carrying out means tests under arrangements made under section 37;

- (i) persons providing or proposing to provide information, advice or guidance about education or training or connected matters (including employment).

- (2) The National Assembly may secure the provision of financial resources under subsection (1)—

- (a) by providing resources itself;

- (b) by making arrangements for the provision of resources by another person;

- (c) by making arrangements for the provision of resources by persons jointly (whether or not including the National Assembly).

- (3) In exercising its power under subsection (1)(c) the National Assembly may secure the provision of financial resources by reference to any fees or charges payable by the person receiving or proposing to receive the education or training or to any other matter (such as transport or childcare).

#### Financial resources: conditions

##### 6

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##### 35

- (1) If the National Assembly itself provides financial resources under section 34 it may impose conditions; and the conditions may include any provisions described below.

- (2) The conditions may—

- (a) require the National Assembly or a person designated by it to be allowed access to a person’s accounts and documents and to be given rights in relation to a person’s computers and associated apparatus and material;

- (b) require a person to whom financial resources are provided to give to the National Assembly information it requests for the purpose of carrying out its functions under this Part.

- (3) The conditions may require a person providing or proposing to provide education or training (the provider) to make arrangements providing for all or any of the following—

- (a) for the provider to charge fees by reference to specified criteria;

- (b) for the provider to make awards by reference to specified criteria;

- (c) for the provider to recover amounts from persons receiving education or training or from employers (or from both);

- (d) for amounts to be determined by reference to specified criteria where provision is made under paragraph (c);

- (e) for specified exemptions to operate where provision is made under paragraph (c);

- (f) for the provider to make provision specified in a report of an assessment conducted under section 139A or 140.

- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

- (5) The conditions may—

- (a) enable the National Assembly to require the repayment (in whole or part) of sums paid by the National Assembly if any of the conditions subject to which the sums were paid is not complied with;

- (b) require the payment of interest in respect of any period in which a sum due to the National Assembly in accordance with any condition is unpaid.

- (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

#### Funding of school sixth-forms

##### 7

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#### Links between education and training and employment

##### 8

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##### 36

- (1) The National Assembly may make a grant to a local authority —

- (a) on the condition that the grant be applied as part of the authority’s schools budget for a funding period, and

- (b) with a view to the grant being used for the purposes of, or for purposes connected with, the provision by schools of education suitable to the requirements of persons above compulsory school age.

- (2) A grant made under this section may be made on conditions in addition to the condition mentioned in subsection (1)(a) (including conditions of a kind which could be imposed under section 35).

- (3) In this section—

- “*funding period*” means a financial year or, if some other period is prescribed in relation to Wales under subsection (1B) of section 45 of the School Standards and Framework Act 1998 (maintained schools to have budget shares), that other period;

- “local authority” means a local authority in Wales (within the meaning of section 579(1) of the Education Act 1996);

- “*schools budget*” has the same meaning as in Part 2 of that Act (framework for maintained schools).

#### Assessments and means tests

##### 9

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##### 37

- (1) The National Assembly may develop schemes for the assessment of the performance of persons in providing post-16 education and training.

- (2) The National Assembly may take the assessments into account in deciding how to exercise its powers under section 34.

- (3) The National Assembly may—

- (a) carry out means tests;

- (b) arrange for other persons to carry out means tests.

- (4) The National Assembly may take the results of the tests into account in exercising its power under section 34(1)(c).

#### Qualifying accounts and arrangements

##### 10

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##### 38

- (1) The National Assembly may promote—

- (a) the holding of accounts which qualify under section 104;

- (b) the making of arrangements which qualify under section 105.

- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

#### Further education: governors

##### 11

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##### 39

- (1) The National Assembly may appoint a person to be a member of the governing body of an institution which—

- (a) falls within the further education sector (within the meaning given by section 91(3) of the Further and Higher Education Act 1992), and

- (b) mainly serves the population of Wales.

- (2) But no more than two members of the governing body of a given institution may at any given time have been appointed under this section.

### Other functions

#### Research and information

##### 12

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##### 40

- (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

- (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

- (5) The National Assembly must establish systems for collecting information which is designed to secure that its decisions with regard to education and training are made on a sound basis.

- (6) The National Assembly may secure the provision of facilities for providing information, advice or guidance about education or training or connected matters (including employment).

#### Persons with learning difficulties

##### 13

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##### 41

- (1) In discharging its functions under sections 31, 32 and 34(1)(a) to (d) and (g) the National Assembly must have regard—

- (a) to the needs of persons with learning difficulties, and

- (b) in particular, to any report of an assessment conducted under section 139A or 140.

- (2) If the National Assembly is satisfied that it cannot secure the provision of facilities for education or training which are sufficient in quantity and adequate in quality for a person with a learning difficulty who is over compulsory school age but who has not attained the age of 19 unless it also secures the provision of boarding accommodation for him, the National Assembly must secure the provision of boarding accommodation for him.

- (3) If the National Assembly is satisfied that it cannot secure the provision of reasonable facilities for education or training for a person with a learning difficulty who has attained the age of 19 but not the age of 25 unless it also secures the provision of boarding accommodation for him, the National Assembly must secure the provision of boarding accommodation for him.

- (4) If the National Assembly is satisfied that it cannot secure the provision of reasonable facilities for education or training for a person with a learning difficulty who has attained the age of 25 unless it also secures the provision of boarding accommodation for him, the National Assembly may secure the provision of boarding accommodation for him.

- (5) 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 providing post-16 education or training.

- (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.

#### Equality of opportunity

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#### Plans

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#### Strategy

##### 16

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#### Use of information by Council

##### 17

##### 45

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#### Supplementary functions

##### 18

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### Local councils

#### Local councils

##### 19

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#### Functions of local councils

##### 20

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#### Guidance to local councils

##### 21

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#### Plans of local councils

##### 22

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#### Duty of local education authorities

##### 23

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#### Guidance and plans: timing

##### 24

##### 46

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@@ -160,1132 +516,782 @@

#### Directions

##### 25

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#### Committees

##### 26

##### 48

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#### Grants to Council

##### 27

##### 49

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#### Annual report

##### 28

##### 50

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#### Council’s financial year

##### 29

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## Part II — Further Education and Sixth Form Education: Wales

### ...

#### The Council

##### 30

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

### Main duties

#### Education and training for persons aged 16 to 19

##### 31

- (1) The National Assembly for Wales (the National Assembly) must secure the provision of proper facilities for—

- (a) education (other than higher education) suitable to the requirements of persons who are above compulsory school age but have not attained the age of 19,

- (b) training suitable to the requirements of such persons,

- (c) organised leisure-time occupation connected with such education, and

- (d) organised leisure-time occupation connected with such training.

- (2) Facilities are proper if they are—

- (a) of a quantity sufficient to meet the reasonable needs of individuals, and

- (b) of a quality adequate to meet those needs.

- (3) In performing the duty imposed on it by subsection (1) the National Assembly must—

- (a) take account of the places where facilities are provided, the character of facilities and the way they are equipped;

- (b) take account of the different abilities and aptitudes of different persons;

- (c) take account of the education and training required in different sectors of employment for employees and potential employees;

- (d) take account of facilities whose provision the National Assembly thinks might reasonably be secured by other persons;

- (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

##### 51

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## Part III — Inspections in England

### Chapter I — The Adult Learning Inspectorate

### The Inspectorate

#### The Inspectorate

##### 52

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#### The Inspectorate’s remit

##### 53

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### Functions of the Inspectorate and the Chief Inspector

#### Functions of the Inspectorate and Chief Inspector

##### 54

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#### Inspections under section 54

##### 55

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#### General powers

##### 56

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#### Right of entry and offences

##### 57

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#### Action plans

##### 58

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#### Annual report

##### 59

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### Chapter II — Her Majesty’s Chief Inspector of Schools in England

### The Chief Inspector’s extended remit

#### The extended remit

##### 60

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### Additional functions

#### Additional functions of the Chief Inspector

##### 61

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#### Inspection of further education institutions

##### 62

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#### Right of entry and offences

##### 63

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#### Action plans

##### 64

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#### Area inspections

##### 65

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#### Reports of area inspections

##### 66

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#### Action plans following section 65 inspections

##### 67

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#### Further powers of the Chief Inspector

##### 68

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### Chapter III — The Common Inspection Framework and Joint Inspections

### The Common Inspection Framework

#### The framework

##### 69

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#### Preparation of the framework

##### 70

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### Joint inspections

#### Joint inspections

##### 71

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### Chapter 1 — The Adult Learning Inspectorate

#### Defamation

##### 72

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## Part IV — Inspections in Wales

### New titles

#### Inspectors of Education and Training in Wales

##### 73

- (1) Her Majesty’s Chief Inspector of Schools in Wales is renamed Her Majesty’s Chief Inspector of Education and Training in Wales or Prif Arolygydd Ei Mawrhydi dros Addysg a Hyfforddiant yng Nghymru.

- (2) Her Majesty’s Inspectors of Schools in Wales are renamed Her Majesty’s Inspectors of Education and Training in Wales or Arolgwyr Ei Mawrhydi dros Addysg a Hyfforddiant yng Nghymru.

- (3) In any provision of, or made under, any enactment—

- (a) for “Her Majesty’s Chief Inspector of Schools in Wales” substitute “ Her Majesty’s Chief Inspector of Education and Training in Wales or Prif Arolygydd Ei Mawrhydi dros Addysg a Hyfforddiant yng Nghymru ”; and

- (b) for “Her Majesty’s Inspectors of Schools in Wales” substitute “ Her Majesty’s Inspectors of Education and Training in Wales or Arolgwyr Ei Mawrhydi dros Addysg a Hyfforddiant yng Nghymru ”.

#### Some defined terms

##### 74

- (1) In this Part—

- ...

- *“local authority in Wales*” has the same meaning as in the Education Act 1996 (see section 579(1) of that Act);

- “*the National Assembly*” means the National Assembly for Wales.

- (2) In this Part, any reference to the Chief Inspector for Wales is to be read as a reference to the person mentioned in section 73(1).

### Extended remit

#### The extended remit of the Chief Inspector for Wales

##### 75

- (1) The following kinds of education and training are brought within the remit of the Chief Inspector for Wales by this Part—

- (a) education or training for persons aged 16 or over where the provider of the education or training is given financial support by the National Assembly in the discharge of its functions under Part 2 or by a local authority in Wales (either generally or for a specific purpose);

- (b) education or training for persons aged 16 or over where the National Assembly in the discharge of its functions under Part 2 is, or a local authority in Wales are, contemplating giving the provider of the education financial support (either generally or for a specific purpose);

- (c) education or training provided for persons of compulsory school age in an institution in Wales which is within the further education sector;

- (d) further education provided by a school under section 80 of the School Standards and Framework Act 1998;

- (e) such other education or training in Wales as may be prescribed by regulations made by the National Assembly.

- (2) Neither paragraph (a) nor paragraph (b) of subsection (1) applies—

- (a) to education of a kind that may be inspected under Part 1 of the Education Act 2005; or

- (b) if the financial support mentioned in that paragraph is given for a specific purpose, to education or training at which that support is not directed.

### Additional functions

#### Additional functions of the Chief Inspector for Wales

##### 76

- (1) The Chief Inspector for Wales must keep the National Assembly informed about—

- (a) the quality of the education and training which is brought within the remit of the Chief Inspector for Wales by this Part;

- (b) the standards achieved by those receiving that education and training; and

- (c) whether the financial resources made available to those providing it are managed efficiently and used so as to provide value for money.

- (2) When asked to do so by the National Assembly, the Chief Inspector for Wales must—

- (a) give the National Assembly advice on such matters, relating to education and training brought within the remit of the Chief Inspector for Wales by this Part, as the National Assembly may specify;

- (b) inspect such education or training, or such class of education or training, within that remit as the National Assembly may specify;

- (c) report on the result of an inspection conducted under this section.

- (3) The Chief Inspector for Wales is to have such other functions in connection with education and training brought within the remit of the Chief Inspector for Wales by this Part as the National Assembly may specify.

- (4) The functions specified under subsection (3) may include functions with respect to training of or for teachers, lecturers, trainers or other persons engaged in the provision of education or training which is brought within the remit of the Chief Inspector for Wales by this Part.

- (5) In exercising functions under this Part, the Chief Inspector for Wales must have regard to—

- (a) advice given by the National Assembly; and

- (b) such aspects of the National Assembly’s policy as the National Assembly may specify.

#### Inspections

##### 77

- (1) The Chief Inspector for Wales must inspect education and training brought within the remit of the Chief Inspector for Wales by this Part.

- (2) Inspections are to be conducted at such intervals as may be prescribed.

- (3) The Chief Inspector for Wales must report in writing on—

- (a) the quality of the education or training inspected;

- (b) the standards achieved by those receiving that education or training; and

- (c) whether the financial resources made available to the provider of the education or training are managed efficiently and used in a way which provides value for money.

- (4) The report under subsection (3) must be made within such period as may be prescribed.

- (5) The Chief Inspector for Wales must without delay send a copy of the report under subsection (3) to—

- (a) the National Assembly;

- (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

- (c) any local authority in Wales providing funds for the education or training inspected; and

- (d) the provider of the inspected education or training.

- (6) Copies may also be sent to such other persons as the Chief Inspector for Wales considers appropriate.

- (7) A copy may be supplied under subsection (6) free of charge or on payment of such fee, not exceeding the cost of supplying the copy, as the Chief Inspector for Wales may determine.

- (8) The Chief Inspector for Wales must arrange for the report to be published in such manner as he considers appropriate.

- (9) “*Prescribed*” means prescribed in regulations made by the National Assembly.

#### General powers

##### 78

- (1) The Chief Inspector for Wales may give advice to the National Assembly on any matter relating to education or training brought within the remit of the Chief Inspector for Wales by this Part.

- (2) The Chief Inspector for Wales may inspect, and report on, any education or training of that kind.

- (3) The Chief Inspector for Wales may inspect any education or training—

- (a) which is not of that kind, but

- (b) which would be if it were funded in one of the ways mentioned in section 75,

if the provider of the education or training asks the Chief Inspector for Wales to do so.

- (4) The Chief Inspector for Wales may charge for the cost of an inspection conducted under subsection (3).

- (5) Subsections (5) to (8) of section 77 apply to a report under subsection (2) as they apply to a report under that section.

- (6) The Chief Inspector for Wales may arrange for a report of an inspection carried out as a result of a request under subsection (3) to be published.

#### Right of entry and offences

##### 79

- (1) When conducting an inspection under this Part, the Chief Inspector for Wales has, at all reasonable times—

- (a) a right of entry to premises on which the education or training being inspected is provided;

- (b) a right of entry to premises of the provider of that education or training which are used in connection with that provision;

- (c) a right to inspect, and take copies of, any records kept by that person, and any other documents containing information relating to the education or training, which the inspector requires for the purposes of the inspection.

- (2) In respect of education or training provided by an employer in the workplace, the right of entry conferred by subsection (1) may be exercised only if the employer has been given reasonable notice in writing.

- (3) The right to inspect records conferred by subsection (1)(c) includes the right to have access to, and to inspect and check the operation of, any computer and any associated apparatus or material which is or has been in use in connection with the records in question.

- (4) That right also includes the right to such assistance from—

- (a) the person by whom or on whose behalf the computer is or has been so used, or

- (b) any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material,

as the Chief Inspector for Wales may reasonably require.

- (5) It is an offence wilfully to obstruct the Chief Inspector for Wales in the exercise of functions in relation to an inspection under this Part.

- (6) A person guilty of such an offence is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

#### Action plans

##### 80

- (1) This section applies if the Chief Inspector for Wales publishes a report of an inspection.

- (2) But it does not apply to a report of an inspection conducted—

- (a) as a result of a request under section 78(3); or

- (b) under section 83.

- (3) The provider of the education or training which is the subject of the report must prepare a written statement of the action which he proposes to take in the light of the report and the period within which he proposes to take it.

- (4) The person making the statement must—

- (a) publish it within such period, and in such manner, as may be prescribed by regulations made by the National Assembly; and

- (b) send copies of it to such persons as may be so prescribed.

#### Inspections of careers services etc

##### 81

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

#### Inspections of education and training provided under 1973 Act arrangements

##### 82

- (1) The Chief Inspector for Wales may, at the request of the Secretary of State or the Chief Inspector for England , inspect any education or training provided in Wales by the Secretary of State in accordance with arrangements made under section 2 of the Employment and Training Act 1973.

- (2) A report of an inspection conducted under this section at the request of the Secretary of State must be given to the Secretary of State.

- (3) The Secretary of State may arrange for the report to be published in such manner as he considers appropriate.

- (4) A report of an inspection conducted under this section at the request of the Chief Inspector for England must be given to that Chief Inspector.

- (5) The Chief Inspector for England may arrange for the report to be published in such manner as he considers appropriate.

- (6) The Chief Inspector for Wales must send a copy of any report under subsection (2) or (4) to the National Assembly.

- (7) In this section “*the Chief Inspector for England*” means Her Majesty's Chief Inspector of Education, Children's Services and Skills.

#### Area inspections

##### 83

- (1) If asked to do so by the National Assembly, the Chief Inspector for Wales must inspect—

- (a) the quality and availability of a specified description of education or training, in a specified area in Wales, for persons who are aged 15 or over;

- (b) the standards achieved by those receiving that education or training; and

- (c) whether the financial resources made available to those providing that education and training are managed efficiently and used in a way which provides value for money.

- (2) The Chief Inspector for Wales may, without being asked to, conduct such an inspection.

- (3) If financial resources have been applied by the National Assembly or a local authority in Wales in respect of education or training which is being inspected under this section, the inspection may extend to considering the manner in which those resources have been applied and whether they have been applied in a way which provides value for money.

- (4) The education or training that may be made the subject of an area inspection is any education or training within the remit of the Chief Inspector for Wales (whether as a result of this Part or of any other enactment).

- (5) A provider of education or training which is the subject of an area inspection must provide such information as the Chief Inspector for Wales may reasonably require in connection with the inspection.

- (6) The National Assembly and any local authority in Wales within the area which is the subject of an area inspection must provide such information as the Chief Inspector for Wales may reasonably require in connection with the inspection.

- (7) The National Assembly may by regulations make further provision with respect to the obligation to provide information imposed by this section.

- (8) On completing an area inspection, the Chief Inspector for Wales must make a written report.

- (9) Subsections (4), (5)(a) to (c) and (6) to (9) of section 77 apply to a report under this section as they apply to a report under that section.

- (10) “*Area inspection*” means an inspection under this section.

- (11) In subsection (1)(a) “ *persons who are aged 15* ” includes persons for whom education is being provided at a school who will attain that age in the current school year; and for this purpose “ *school* ” and “ *school year* ” have the same meaning as in the Education Act 1996.

#### Action plans following section 83 inspections

##### 84

- (1) This section applies if the Chief Inspector for Wales publishes a report of an area inspection conducted under section 83.

- (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

- (3) The National Assembly may direct a local authority in Wales whose area is wholly or partly in the area covered by the report to prepare a written statement of the action which they propose to take in the light of the report and the period within which they propose to take it.

- (4) In preparing the statement ... the authority must consult such persons as the National Assembly may direct.

- (5) The person making the statement must—

- (a) publish it within such period, and in such manner, as may be prescribed by regulations made by the National Assembly; and

- (b) send copies of it to such persons as may be so prescribed.

#### Studies across Wales or of provision made outside Wales

##### 85

- (1) The National Assembly may direct the Chief Inspector for Wales to carry out—

- (a) a survey of Wales, or of a specified area within Wales, in respect of specified matters relating to policy concerned with education or training for persons aged 16 or over; or

- (b) a comparative study of the provision made outside Wales in respect of specified matters relating to such education or training.

- (2) The Chief Inspector for Wales may, without being directed to, carry out a survey or study of that kind.

#### Annual reports

##### 86

- (1) The annual report of the Chief Inspector for Wales required by section 21(1)(a) of the Education Act 2005 must include an account of the exercise of functions of the Chief Inspector for Wales under this Part.

- (2) The power conferred by that section to make other reports includes a power to make reports with respect to matters relating to education or training which is brought within the remit of the Chief Inspector for Wales by this Part.

#### Annual plan of the Chief Inspector for Wales

##### 87

- (1) The Chief Inspector for Wales must, for the purposes of the consultation required under section 104(4) of the 1998 Act (funding of HM Chief Inspector of Education and Training for Wales), prepare a plan for each financial year.

- (2) The plan must be submitted to the National Assembly by such time before the beginning of the financial year to which it relates as the National Assembly may direct.

- (3) The plan must contain estimates of—

- (a) the expenditure necessary, in the financial year to which the plan relates, in order to secure that the functions of the Chief Inspector for Wales are discharged effectively; and

- (b) the income which the Chief Inspector for Wales will receive in that financial year and which may be applied towards meeting the expenses of the Chief Inspector for Wales.

- (4) The plan must also contain proposals for the management of any funds which may be provided by the National Assembly for that financial year.

- (5) The Chief Inspector for Wales may, after the plan has been approved under section 104(4A) of the 1998 Act, publish it in such manner and at such time as appear to the Chief Inspector for Wales to be appropriate.

- (6) “*The 1998 Act*” means the Government of Wales Act 1998.

#### Defamation

##### 88

- (1) For the purposes of the law of defamation, any report under this Part is privileged unless its publication is shown to have been made with malice.

- (2) Nothing in subsection (1) limits any privilege subsisting apart from that subsection.

## Part V — Miscellaneous and general

### Further Education Funding Councils

#### Dissolution of FEFC for England

##### 89

- (1) On the appointed day—

- (a) the Further Education Funding Council for England shall be dissolved, and

- (b) all property, rights and liabilities to which it was entitled or subject immediately before that day shall by virtue of this section become property, rights and liabilities of the Learning and Skills Council for England.

- (2) The appointed day is the day appointed under section 154 for the commencement of this section.

#### Preliminary transfers: FEFC for England

##### 90

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

#### Dissolution of FEFC for Wales

##### 91

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

### Other transfers

#### Transfers: England

##### 92

- (1) The Secretary of State may make a scheme providing for the transfer of any of his property, rights and liabilities to any of the listed persons.

- (2) The Secretary of State may make a scheme providing for the transfer of any of the property, rights and liabilities of a listed person to any other listed person.

- (3) The Secretary of State may make a scheme providing for the transfer to any listed person of any of the property, rights and liabilities of a person with whom the Secretary of State has made arrangements under section 2 of the Employment and Training Act 1973 (arrangements regarding employment).

- (4) The listed persons are—

- (a) the Learning and Skills Council for England;

- (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

- (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

- (5) A scheme under this section may include such supplementary, incidental, consequential or transitional provisions as the Secretary of State thinks are appropriate.

- (6) A scheme under this section comes into force on the day it specifies for it to come into force.

- (7) When a scheme under this section comes into force it has effect to transfer (in accordance with its provisions) the property, rights and liabilities to which it applies.

- (8) If a scheme under subsection (1) includes provision for the transfer of liabilities, the day specified by the scheme for it to come into force must not fall after the end of the period of 3 years starting with the day appointed under section 154 for the commencement of section 89.

- (9) The day specified by a scheme under subsection (2) or (3) for the scheme to come into force must not fall after the end of the period of 3 years starting with the day appointed under section 154 for the commencement of section 89.

- (10) A scheme under subsection (3) is invalid unless it is made with the consent of the person from whom the transfer is to be made.

#### Transfers: Wales

##### 93

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

### Transfers: further provision

#### Stamp duty

##### 94

- (1) A transfer effected by virtue of section 89 ... is not to give rise to liability to stamp duty.

- (2) Stamp duty is not to be chargeable on a scheme made under section 92.

#### Contracts of employment

##### 95

- (1) This section applies if rights and liabilities under a contract of employment are transferred by virtue of—

- (a) section 89 ... or

- (b) a scheme under section 92.

- (2) Anything done by or in relation to the transferor in respect of the employee before the day on which the transfer takes effect is to be treated on and after that day as done by or in relation to the transferee.

- (3) For the purposes of Part XI of the Employment Rights Act 1996 (redundancy payments etc) the employee is not to be regarded as having been dismissed by virtue of the transfer.

- (4) For the purposes of that Act the employee’s period of employment with the transferor is to count as a period of employment with the transferee, and the change of employment is not to break the continuity of the period of employment.

- (5) The preceding provisions do not prejudice any right of the employee to terminate the contract of employment if a substantial change is made to his detriment in his working conditions, but no such right arises by reason only of the change in employer effected by the transfer.

- (6) For the purposes of this section—

- (a) the transferor is the person from whom the rights and liabilities are transferred;

- (b) the transferee is the person to whom the rights and liabilities are transferred.

### External qualifications

#### Persons under 19

##### 96

- (1) This section applies to a course of education or training—

- (a) which is provided (or proposed to be provided) by or on behalf of a school or institution or employer,

- (b) which leads to a relevant qualification, and

- (c) which is provided (or proposed to be provided) for pupils who are of compulsory school age or for pupils who are above that age but have not attained the age of 19.

- (2) Unless the relevant qualification is approved under section 98 or 99, the course must not be—

- (a) funded by an authorised body (as defined in section 100), or

- (b) provided by or on behalf of a maintained school.

- (3) In relation to a maintained school, the local authority and the governing body must carry out their functions with a view to securing that subsection (2)(b) is not contravened.

- (4) The course mentioned in subsection (1) may be one of two or more components leading to the same qualification.

- (5) In this section “a relevant qualification”—

- (a) in relation to England, means a qualification to which Part 7 of the Apprenticeships, Skills, Children and Learning Act 2009 applies;

- (b) in relation to Wales, has the same meaning as in section 30 of the Education Act 1997.

- (8) These are maintained schools—

- (a) a community, foundation or voluntary school;

- (b) a community or foundation special school.

- (9) In this section and sections 100 to 102 “local authority” has the same meaning as in the Education Act 1996 (see section 579(1) of that Act).

#### Persons over 19

##### 97

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

#### Approved qualifications: England

##### 98

- (1) This section has effect for the purposes of section 96 in its application to England.

- (2) A qualification is approved at a given time if—

- (a) it is then approved by the Secretary of State, or

- (b) it is then approved by a body then designated by him for the purposes of this section.

- (2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

- (2B) A qualification may be approved only if—

- (a) the conditions mentioned in subsection (2C) are satisfied in relation to the qualification, or

- (b) the Office of Qualifications and Examinations Regulation is consulted before the approval is given.

- (2C) The conditions are that—

- (a) the qualification is a regulated qualification within the meaning of Part 7 of the Apprenticeships, Skills, Children and Learning Act 2009, and

- (b) if the qualification is subject to the accreditation requirement (within the meaning of Chapter 2 of that Part), it is accredited under section 139 of that Act.

- (3) Approval may be given generally or in relation to particular cases.

- (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

- (5) For the purposes of this section—

- (a) education includes both full-time and part-time education;

- (b) training includes both full-time and part-time training;

- (c) training includes vocational, social, physical and recreational training;

- (d) higher education is education provided by means of a course of any description mentioned in Schedule 6 to the Education Reform Act 1988.

#### Education and training for persons over 19

##### 32

- (1) The National Assembly must secure the provision of reasonable facilities for—

- (a) education (other than higher education) suitable to the requirements of persons who have attained the age of 19,

- (b) training suitable to the requirements of such persons,

- (c) organised leisure-time occupation connected with such education, and

- (d) organised leisure-time occupation connected with such training.

- (5) The Secretary of State may at any time revoke—

- (a) a designation;

- (b) an approval given by him;

- (c) an approval given by a designated body.

- (6) A designated body may at any time revoke an approval given by it.

- (7) If the Secretary of State asks the Qualifications and Curriculum Development Agency or the Young People's Learning Agency for England to do so, it must advise him on any approval he proposes to give under subsection (2)(a).

- (8) If a designated body asks the Qualifications and Curriculum Development Agency or the Young People's Learning Agency for England to do so, it must advise the body on any approval the body proposes to give under subsection (2)(b).

#### Approved qualifications: Wales

##### 99

- (1) This section has effect for the purposes of section 96 in its application to Wales.

- (2) A qualification is approved at a given time if—

- (a) it is then approved by the National Assembly for Wales, or

- (b) it is then approved by a body then designated by the National Assembly for the purposes of this section.

- (3) Approval may be given generally or in relation to particular cases.

- (4) An approval given by a designated body is ineffective unless the National Assembly consents to the approval.

- (5) The National Assembly may at any time revoke—

- (a) a designation;

- (b) an approval given by the National Assembly;

- (c) an approval given by a designated body.

- (6) A designated body may at any time revoke an approval given by it.

- (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

- (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

#### Authorised bodies

##### 100

- (1) For the purposes of section 96 in its application to England these are authorised bodies—

- (a) the Learning and Skills Council for England;

- (b) a local authority ;

- (c) a body specified by order by the Secretary of State for the purposes of this section.

- (2) For the purposes of section 96 in its application to Wales these are authorised bodies—

- (a) the National Assembly for Wales;

- (b) a local authority ;

- (c) a body specified by order by the National Assembly for Wales for the purposes of this section.

#### Enforcement: England

##### 101

- (1) This section has effect for the purposes of section 96 in its application to England, and it applies if the Secretary of State is satisfied that—

- (a) a local authority or specified body has failed to comply with section 96(2)(a) or is proposing to do so, or

- (b) a local authority or governing body has failed to comply with section 96(3) or is proposing to do so, ...

- (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

- (2) The Secretary of State may give such directions to the authority or body as he thinks fit.

- (3) An authority or body must comply with any directions given to it under this section.

- (4) A specified body is a body specified under section 100(1)(c).

#### Enforcement: Wales

##### 102

- (1) This section has effect for the purposes of section 96 in its application to Wales, and it applies if the National Assembly for Wales is satisfied that—

- (a) a local authority or specified body has failed to comply with section 96(2)(a) or is proposing to do so, or

- (b) a local authority or governing body has failed to comply with section 96(3) or is proposing to do so, ...

- (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

- (2) The National Assembly may give such directions to the authority or body as it thinks fit.

- (3) An authority or body must comply with any directions given to it under this section.

- (4) A specified body is a body specified under section 100(2)(c).

#### Amendments relating to external qualifications

##### 103

- (1) The Education Act 1997 shall be amended as follows.