LegalizeReform history
Learning and Skills Act 2000
61 versions
· 2000-07-28
2025-09-01
Learning and Skills Act 2000
2024-09-01
Learning and Skills Act 2000
2023-09-01
Learning and Skills Act 2000
2022-09-25
Learning and Skills Act 2000
2022-09-01
Learning and Skills Act 2000
2022-01-01
Learning and Skills Act 2000
2021-09-01
Learning and Skills Act 2000
2020-03-25
Learning and Skills Act 2000
2016-05-01
Learning and Skills Act 2000
2015-05-26
Learning and Skills Act 2000
2015-04-06
Learning and Skills Act 2000
2012-03-14
Learning and Skills Act 2000
2011-09-01
Learning and Skills Act 2000
2011-07-10
Learning and Skills Act 2000
2011-02-14
Learning and Skills Act 2000
2011-01-19
Learning and Skills Act 2000
2010-10-01
Learning and Skills Act 2000
2010-05-05
Learning and Skills Act 2000
2010-04-01
Learning and Skills Act 2000
2010-01-12
Learning and Skills Act 2000
2009-12-07
Learning and Skills Act 2000
2009-10-01
Learning and Skills Act 2000
Changes on 2009-10-01
@@ -2560,9 +2560,9 @@
- (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 memorandum and 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 memorandum 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.
- (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—
@@ -6314,1094 +6314,1098 @@
[^key-2287d9b5418e5094249ed6d52383136b]: [Sch. 9 para. 59](https://www.legislation.gov.uk/ukpga/2000/21/schedule/9/paragraph/59) repealed (1.9.2009) by [Learner Travel (Wales) Measure 2008 (nawm 2)](https://www.legislation.gov.uk/mwa/2008/2), [s. 28(2)](https://www.legislation.gov.uk/mwa/2008/2/section/28/2), [Sch. 2](https://www.legislation.gov.uk/mwa/2008/2/schedule/2); [S.I. 2009/371](https://www.legislation.gov.uk/wsi/2009/371), [art. 2(2)](https://www.legislation.gov.uk/wsi/2009/371/article/2/2), [Sch. Pt. 2](https://www.legislation.gov.uk/wsi/2009/371/schedule/part/2)
[^key-020420553cc7c27e7af296333c8fd8ee]: Words in s. 141(1)(c) substituted (1.10.2009) by [The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941)](https://www.legislation.gov.uk/uksi/2009/1941), [art. 1(2)](https://www.legislation.gov.uk/uksi/2009/1941/article/1/2), [Sch. 1 para. 182(a)](https://www.legislation.gov.uk/uksi/2009/1941/schedule/1/paragraph/182/a) (with [art. 10](https://www.legislation.gov.uk/uksi/2009/1941/article/10))
[^key-6e795cfbd2abce72dc98eb8db3eb66ef]: Words in s. 141(1)(d) substituted (1.10.2009) by [The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941)](https://www.legislation.gov.uk/uksi/2009/1941), [art. 1(2)](https://www.legislation.gov.uk/uksi/2009/1941/article/1/2), [Sch. 1 para. 182(b)](https://www.legislation.gov.uk/uksi/2009/1941/schedule/1/paragraph/182/b) (with [art. 10](https://www.legislation.gov.uk/uksi/2009/1941/article/10))
[^M_F_4687ad2c-ff16-4a15-919c-588ae0023bbb]: S. 138(3)(ba) inserted (10.10.2002 for W., 1.3.2007 for E. immediately before the National Health Service Act 2006 comes into force) by [National Health Service Reform and Health Care Professions Act 2002 (c. 17)](https://www.legislation.gov.uk/ukpga/2002/17), [ss. 6(2), 42(3)](https://www.legislation.gov.uk/ukpga/2002/17/section/42/3), [Sch. 5 para. 47](https://www.legislation.gov.uk/ukpga/2002/17/schedule/5/paragraph/47); [S.I. 2002/2532](https://www.legislation.gov.uk/uksi/2002/2532), [art. 2](https://www.legislation.gov.uk/uksi/2002/2532/article/2), [Sch.](https://www.legislation.gov.uk/uksi/2002/2532/schedule); [S.I. 2006/1407](https://www.legislation.gov.uk/uksi/2006/1407), [art. 1(1)](https://www.legislation.gov.uk/uksi/2006/1407/article/1/1), [Sch. 1 para. 12](https://www.legislation.gov.uk/uksi/2006/1407/schedule/1/paragraph/12) (with [art. 4](https://www.legislation.gov.uk/uksi/2006/1407/article/4))
#### Encouragement of education and training.
#### Learning aims for persons over 19: provision of facilities
#### Encouragement of education and training.
#### Some defined terms.
#### Financial resources: conditions.
#### Further education corporations.
#### Local councils.
#### Assessments and means tests.
#### Designated institutions: disposal of land, &c.
#### Further education corporations.
#### Equality of opportunity.
#### Amendments.
## SCHEDULE 7A
#### Equality of opportunity.
##### 1
- (1) This Schedule applies to proposals under section 113A which have been approved or confirmed by the relevant authority under that section.
- (2) The proposals shall (subject to the following provisions of this paragraph) be implemented in the form in which they were so approved or confirmed, in accordance with this Schedule.
- (3) At the request of any persons prescribed in regulations, the relevant authority—
- (a) may modify the proposals after consulting such persons as may be prescribed, and
- (b) where any approval or confirmation was given subject to the occurrence of a specified event, may specify a later date by which the event in question must occur.
- (4) If the relevant authority is satisfied, after consulting such persons as may be prescribed in regulations—
- (a) that implementation of the proposals would be unreasonably difficult, or
- (b) that circumstances have so altered since approval or confirmation was given under section 113A that implementation of the proposals would be inappropriate,
it may determine that sub-paragraph (2) shall cease to apply to the proposal.
##### 2
To the extent that the proposals are proposals to establish a school, they shall be implemented by the local education authority which it is proposed shall establish the school.
##### 3
- (1) To the extent that the proposals are proposals to make a prescribed alteration to a school, they shall be implemented in accordance with this paragraph.
- (2) Where the proposals relate to a community school, they shall be implemented by the local education authority which maintains the school.
- (3) Where the proposals relate to a voluntary aided school, they shall be implemented—
- (a) so far as relating to the provision of any relevant premises, by the local education authority which maintains the school, and
- (b) otherwise, by the governing body of the school.
- (4) For this purpose “ *relevant premises* ” means—
- (a) in relation to a local education authority in England, playing fields, and
- (b) in relation to a local education authority in Wales—
- (i) playing fields, or
- (ii) buildings which are to form part of the school premises but are not to be school buildings (within the meaning of the Education Act 1996).
- (5) Where the proposals relate to any other school, they shall be implemented by the local education authority which maintains the school and the governing body of the school, respectively, to such extent (if any) as the proposals provide for each of them to do so.
#### Local councils.
##### 4
To the extent that the proposals are proposals to discontinue a school they shall be implemented—
- (a) in the case of proposals relating to a community or community special school, by the local education authority which maintains the school, and
- (b) in any other case, by the local education authority which maintains the school and the governing body of the school.
##### 5
- (1) Where a local education authority in England are required under this Schedule to provide a site for a foundation or voluntary controlled school or foundation special school (or a proposed such school), paragraph 28 of Schedule 2 to the Education and Inspections Act 2006 applies as it applies in the circumstances mentioned in sub-paragraph (1) of that paragraph.
- (2) Where a local education authority in Wales are required under this Schedule to provide a site for a foundation or voluntary controlled school or foundation special school (or a proposed such school), paragraph 16 of Schedule 6 to the School Standards and Framework Act 1998 applies as it applies in the circumstances mentioned in sub-paragraph (1) of that paragraph.
##### 6
- (1) In relation to England, where the governing body of a voluntary aided school are required by paragraph 3(3)(b) of this Schedule to implement proposals to make an alteration to the school, paragraph 5 of Schedule 3 to the School Standards and Framework Act 1998 (grants by Secretary of State in respect of expenditure on premises and equipment) applies in relation to the school.
- (2) In relation to Wales, paragraph 17 of Schedule 6 to the School Standards and Framework Act 1998 (grants in respect of certain expenditure relating to voluntary aided schools) applies in relation to the obligation under paragraph 3(3)(b) of this Schedule as it applies in relation to the obligations referred to in sub-paragraph (1)(a) of that paragraph 17.
##### 7
- (1) A local education authority in England may give to the governing body of a voluntary aided school such assistance as the authority think fit in relation to the carrying out by the governing body of any obligation imposed on the governing body under this Schedule.
- (2) Paragraph 31 of Schedule 2 to the Education and Inspections Act 2006 applies in relation to assistance under sub-paragraph (1) as it applies in relation to assistance under paragraph 30 of that Schedule.
- (3) In relation to Wales, paragraph 18 of Schedule 6 to the School Standards and Framework Act 1998 (assistance from LEA in respect of voluntary aided schools) applies in relation to obligations imposed on the governing body of a voluntary aided school under this Schedule as it applies in relation to the obligations referred to in that paragraph, and paragraph 20 of that Schedule (duty on LEA to transfer interest in premises provided under paragraph 18) applies accordingly.
##### 113A
- (1) The Learning and Skills Council for England may make proposals under this section—
- (a) with a view to meeting recommendations made in the report of an area inspection under section 128 of the Education and Inspections Act 2006,
- (b) with a view to promoting one or more of the relevant objectives, or
- (c) if—
- (i) they are made in addition to proposals relating to education or training other than in schools, and
- (ii) the combined proposals are made with a view to promoting one or more of the relevant objectives.
- (2) The National Assembly for Wales may make proposals under this section—
- (a) with a view to meeting recommendations made in the report of an area inspection under section 83,
- (b) with a view to promoting one or more of the relevant objectives, or
- (c) if—
- (i) they are made in addition to proposals relating to education or training other than in schools, and
- (ii) the combined proposals are made with a view to promoting one or more of the relevant objectives.
- (3) For the purposes of this section, the following are “ *relevant objectives* ”—
- (a) an improvement in the educational or training achievements of persons who are above compulsory school age but below the age of 19;
- (b) an increase in the number of such persons who participate in education or training suitable to the requirements of such persons;
- (c) an expansion of the range of educational or training opportunities suitable to the requirements of such persons.
- (4) Proposals under this section are proposals for one or more of the following—
- (a) the establishment by a local education authority in Wales of one or more new community, foundation, community special or foundation special schools to provide secondary education suitable to the requirements of persons who are above compulsory school age but below the age of 19 (and no other secondary education);
- (aa) the establishment by a local education authority in England of one or more new foundation or foundation special schools to provide secondary education suitable to the requirements of persons who are above compulsory school age but below the age of 19 (and no other secondary education);
- (b) an alteration to one or more maintained schools which relates to the provision of secondary education suitable to the requirements of such persons and is of a description prescribed by regulations;
- (c) the discontinuance of one or more maintained schools which provide secondary education suitable to the requirements of such persons (and no other secondary education).
- (4A) Proposals under this section are to be published.
- (5) Proposals under subsection (1) are to be submitted to the relevant authority, which shall—
- (a) approve them, with or without modification or subject to the occurrence of any event, or
- (b) reject them.
- (5A) In respect of proposals under subsection (2), the relevant authority shall, in accordance with regulations made under subsection (9), determine whether to—
- (a) confirm them, with or without modification or subject to the occurrence of any event; or
- (b) withdraw them.
- (6) Schedule 7A (implementation of proposals) has effect.
- (7) In exercising any function conferred by or under this section, the Learning and Skills Council for England ... must have regard to any guidance given from time to time by the relevant authority.
- (8) Proposals under subsection (1) may be made either alone or in addition to proposals under section 51 of the Further and Higher Education Act 1992 (c. 13) (proposals for further education corporations).
- (9) Regulations may make provision about proposals under this section and may in particular make provision about—
- (a) the information to be included in, or provided in relation to, the proposals;
- (b) publication of the proposals;
- (c) consultation on the proposals (before or after publication);
- (d) the making of objections to or comments on the proposals;
- (e) withdrawal or modification of the proposals;
- (f) approval of proposals under subsection (1) by the relevant authority.
- (g) confirmation of proposals under subsection (2) by the relevant authority
- (10) For the purposes of sections 496 and 497 of the Education Act 1996 (c. 56) (powers to prevent unreasonable exercise of functions and general default powers), the provisions of this section and Schedule 7A shall be treated as if they were provisions of that Act.
- (11) For the purposes of this section and Schedule 7A—
- “ *alteration* ” means an alteration of whatever nature, including the transfer of the school to a new site but excluding any change— in the religious character of the school, orwhereby the school would acquire or lose a religious character;
- “ *maintained school* ” means a community, foundation or voluntary school or a community or foundation special school;
- “ *regulations* ” means— in relation to proposals by the Learning and Skills Council for England, regulations made by the Secretary of State, andin relation to proposals by the National Assembly for Wales, regulations made by the National Assembly for Wales;
- “ *relevant authority* ” means— in relation to the Learning and Skills Council for England, the Secretary of State; andin relation to the National Assembly for Wales, the National Assembly for Wales;
- “ *secondary education* ” has the same meaning as in section 2 of the Education Act 1996.
#### Provision of services.
#### Research and information.
#### Strategy.
#### Designated institutions: disposal of land, &c.
#### Strategy.
#### Some defined terms.
#### Qualifying accounts.
#### Introductory
#### Assessments relating to learning difficulties.
............
##### 94A
- (1) For the purposes of stamp duty land tax, a land transaction effected by a scheme under section 92 or 93 is exempt from charge.
- (2) Relief under this section must be claimed in a land transaction return or an amendment of such a return.
- (3) In this section—
- “land transaction” has the meaning given by section 43(1) of the Finance Act 2003;
- “land transaction return” has the meaning given by section 76(1) of that Act.
#### Restructuring of sixth-form education
#### Research and information.
#### Information: supply by Secretary of State.
#### Careers services.
#### Plans.
#### Strategy.
#### Strategy.
#### Financial support for students: Northern Ireland.
#### Regional councils
#### Regional councils
#### Information: supply by Secretary of State.
#### Supplementary
............
#### Reports of area inspections.
#### Studies across Wales or of provision made outside Wales.
#### Qualifying accounts.
#### Further education corporations.
#### Restructuring of sixth-form education
#### Provision of services.
#### Plans.
#### Careers services.
#### Local councils.
#### Regional councils
#### Sex education.
#### Introductory
#### Proposals to discontinue a school
............
#### Information: supply by public bodies.
#### Restructuring of sixth-form education
#### Sex education.
#### Information: supply by Secretary of State.
............
#### Further education corporations.
#### Wales: provision of information by public bodies.
#### Restructuring of sixth-form education
#### Designated institutions: disposal of land, &c.
#### Financial support for students: Northern Ireland.
#### Strategy for functions of Council: Greater London
#### Strategy for functions of Council: Greater London
#### Information: supply by Secretary of State.
#### Proposals to discontinue a school
............
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Some defined terms.
#### Wales: provision of information by public bodies.
#### Action plans following section 83 inspections.
#### Financial support for students: Northern Ireland.
#### Sex education.
#### Amendments.
#### Introductory
#### Proposals to discontinue a school
............
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 11A
- (1) The Council may—
- (a) make and carry on one or more schemes for the purpose of encouraging 10 to 15 year olds to undergo relevant education or training, and
- (b) secure the provision of financial resources to such persons who are receiving or proposing to receive relevant education or training in pursuance of such a scheme.
- (2) Sections 5(2) and (3) and 6(1), (2) and (5) apply in relation to the provision of financial resources under subsection (1)(b) as they apply in relation to the provision of financial resources under section 5(1)(c).
- (3) In this section—
- “ *10 to 15 year olds* ” means persons who have attained the age of 10 but have not ceased to be of compulsory school age;
- “ *relevant education* ” means— education (other than higher education) suitable to the requirements of 10 to 15 year olds, andorganised leisure-time occupation connected with such education;
- “ *relevant training* ” means— training suitable to the requirements of 10 to 15 year olds, andorganised leisure-time occupation connected with such training.
- (4) Subsection (5) of section 2 has effect for the purposes of the definitions of “relevant education” and “relevant training” in subsection (3) above as it has effect for the purposes of that section.
### The Inspectorate
### Functions of the Inspectorate and the Chief Inspector
### Chapter IV — General
#### Financial resources: conditions.
#### Area inspections.
#### Action plans following section 83 inspections.
#### Consultation and coordination.
#### Further education corporations.
#### Provision of services.
#### Restructuring of sixth-form education
#### Induction periods for teachers.
#### Training programmes: cessation of funding.
#### Further education colleges: governors’ liability.
#### Financial support for students: Northern Ireland.
#### Sex education.
#### Wales.
#### Assessments relating to learning difficulties.
#### Assessments relating to learning difficulties.
............
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Restructuring of sixth-form education
#### Information: supply by Secretary of State.
#### Careers services.
#### Supplementary.
#### Wales: provision of information by public bodies.
#### Induction periods for teachers.
#### Directions.
#### Some defined terms.
#### Action plans following section 83 inspections.
#### Qualifying accounts.
#### Further education corporations.
#### Introductory
#### Wales: provision of information by public bodies.
............
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Links between education and training and employment.
#### Equality of opportunity.
#### Provision of services.
#### Information: supply by Secretary of State.
#### Careers services.
#### Wales: provision of information by public bodies.
#### Induction periods for teachers.
#### Action plans following section 83 inspections.
#### Qualifying accounts.
#### Financial support for students: Northern Ireland.
#### Amendments.
#### Introductory
#### Proposals to discontinue a school
............
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Education and training for persons over 19.
#### Encouragement of education and training.
#### Financial resources: conditions.
##### 14A
- (1) In exercising its functions the Council must have regard to any guidance given from time to time by the Secretary of State about consultation with—
- (a) persons receiving or proposing to receive post-16 education or training,
- (b) employers, or
- (c) such other persons as may be specified in such guidance, in connection with the taking of decisions affecting them.
- (2) Any guidance under this section about consultation with persons falling within paragraph (a) of subsection (1) must provide for the views of such a person to be considered in the light of his age and understanding.
#### Plans.
#### Strategy.
#### Some defined terms.
#### Plans.
#### Action plans following section 83 inspections.
#### Provision of services.
#### Careers services.
#### Provision of services.
#### Wales: provision of information by public bodies.
#### Induction periods for teachers.
#### Supplementary.
#### Designated institutions: disposal of land, &c.
#### Sex education.
#### Wales: provision of information by public bodies.
#### Introductory
#### Proposals to discontinue a school
............
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Funding of school sixth-forms.
#### Further education corporations.
#### Local councils.
#### Assessments and means tests.
#### Research and information.
#### Area inspections.
#### Action plans following section 83 inspections.
#### Qualifying accounts.
#### Careers services.
#### Provision of services.
#### Induction periods for teachers.
#### Designated institutions: disposal of land, &c.
#### Further education corporations.
#### Equality of opportunity.
#### Induction periods for teachers.
#### Designated institutions: disposal of land, &c.
#### Amendments.
## SCHEDULE 7A
#### Consultation
#### Amendments.
#### Proposals to discontinue a school
............
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Research and information.
### Regional councils
##### 18A
- (1) The Council must establish a committee (to be called a regional learning and skills council) for each area of England specified by the Secretary of State.
- (2) The Secretary of State may by regulations make provision about regional councils
- (3) Regulations under subsection (2) may, in particular, make provision about—
- (a) the membership of a regional council;
- (b) the appointment of the members of a regional council;
- (c) the appointment of a member of a regional council as chairman;
- (d) the holding and vacation of office as a member or chairman of a regional council (including a person's re-appointment, resignation and removal from office);
- (e) the appointment by the Council of its employees as staff of a regional council;
- (f) the delegation of functions by a regional council to its chairman;
- (g) the delegation by the chairman of a regional council of functions that he is authorised to exercise to a member of the regional council;
- (h) the delegation of functions by a regional council, with the consent of the Council, to a member of staff of the regional council
- (i) the payment by the Council of such salaries and such travelling, subsistence and other allowances to the chairman and other members of a regional council as the Secretary of State may determine
- (j) the provision of information to the Secretary of State;
- (k) the attendance of a representative of the Secretary of State at, and the participation of such a representative in, any meeting of a regional council;
- (l) the validity of the proceedings of a regional council;
- (m) the regulation by a regional council of its own procedure.
- (4) Regulations made by virtue of subsection (3)(a) may provide for the membership of a regional council to include persons who are not members of the Council.
- (5) A consent given under subsection (3)(h) by the Council may relate to a particular function or to such descriptions of function as may be specified in the consent.
##### 18B
- (1) A regional council—
- (a) must perform in relation to its area such of the Council's duties as the Council specifies;
- (b) may exercise in relation to its area such of the Council's powers as the Council specifies.
- (2) A regional council—
- (a) must perform in relation to such places outside its area as the Council specifies such of the Council's duties as the Council specifies;
- (b) may exercise in relation to such places outside its area as the Council specifies such of the Council's powers as the Council specifies.
##### 18C
- (1) In relation to each financial year of the Council it must prepare guidance for each regional council.
- (2) The guidance must include objectives which a regional council should achieve in seeking to carry out its functions.
- (3) The guidance must set a regional council's budget for the financial year.
- (4) The Council must consult the regional development agencies and local authorities on the guidance.
- (5) After consulting under subsection (4) and (if appropriate) altering the guidance the Council must issue the guidance to the regional council.
- (6) The guidance in relation to the financial year of the Council in which section 2 of the Further Education and Training Act 2007 comes into force must be prepared as soon as reasonably practicable after that section comes into force.
- (7) The guidance in relation to any subsequent financial year of the Council must be prepared in time for the guidance to be issued before the financial year starts.
- (8) A regional development agency is a development agency established by section 1 of the Regional Development Agencies Act 1998.
#### Area inspections.
#### Qualifying accounts.
#### Careers services.
#### Supplementary.
#### Financial support for students: Northern Ireland.
#### Sex education.
#### Amendments.
#### Introductory
#### Proposals to discontinue a school
............
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Education and training for persons aged 16 to 19.
##### 24A
- (1) The Secretary of State may by order specify an area in England as an area for which a body specified in the order may formulate and keep under review a strategy setting out how such functions of the Council as are specified in the order are to be carried out in relation to the area.
- (2) An order under subsection (1) may specify an area comprising the whole of England.
- (3) An order under subsection (1) may not specify an area in England consisting only of Greater London or a part of Greater London.
- (4) The Secretary of State may give to a body specified in an order under subsection (1) directions and guidance in relation to the formulation and review of its strategy, in particular in relation to—
- (a) the form and content of the strategy;
- (b) the updating of the strategy;
- (c) the steps to be taken when the body is formulating or reviewing the strategy;
- (d) the matters to which the body is to have regard when formulating or reviewing the strategy;
- (e) the consultation to be carried out when the body is formulating or reviewing the strategy.
- (5) It is the duty of a body specified in an order under subsection (1) to comply with any directions given to it by the Secretary of State under subsection (4).
- (6) It is the duty of a body specified in an order under subsection (1) to have regard to any guidance given to it by the Secretary of State under subsection (4).
- (7) The Council may pay to a body specified in an order under subsection (1) such sums as appear to the Council appropriate for enabling the body to meet costs and expenses incurred, or to be incurred, by it in formulating its strategy or keeping it under review.
##### 24B
- (1) The Secretary of State must by regulations provide for the establishment of a body for the purposes of discharging the functions set out in subsection (2).
- (2) The body established under this section must—
- (a) formulate a strategy setting out how specified functions of the Council are to be carried out in Greater London, and
- (b) keep it under review.
- (3) Specified functions are functions of the Council specified for the purposes of this section by order of the Secretary of State.
- (4) The Secretary of State may give to the body established under this section directions and guidance in relation to the formulation and review of its strategy, in particular in relation to—
- (a) the form and content of the strategy;
- (b) the updating of the strategy;
- (c) the steps to be taken when the body is formulating or reviewing the strategy;
- (d) the matters to which the body is to have regard when formulating or reviewing the strategy;
- (e) the consultation to be carried out when the body is formulating or reviewing the strategy.
- (5) It is the duty of the body established under this section to comply with any directions given to it by the Secretary of State under subsection (4).
- (6) It is the duty of the body established under this section to have regard to any guidance given to it by the Secretary of State under subsection (4).
- (7) Where the body established under this section formulates a strategy under this section, or in consequence of a review of the strategy modifies it, the body must publish the strategy or modified strategy in such manner as it thinks fit .
- (8) Regulations under this section must include—
- (a) provision for the body to consist of the Mayor of London and such other persons as are appointed by the Mayor in accordance with the regulations;
- (b) provision for the Mayor to be the chairman of the body.
- (9) The Council may pay to the body established under this section such sums as appear to the Council appropriate for enabling the body to meet costs and expenses incurred, or to be incurred, by it in formulating its strategy or keeping it under review.
- (10) The Council may pay to the Greater London Authority such sums as appear to the Council appropriate for enabling the Authority to meet costs and expenses incurred, or to be incurred, by the Mayor in connection with the exercise of functions conferred on him by regulations under this section or as chairman of the body established under this section.
#### Duty of Council
##### 24C
- (1) The Council must carry out any function to which a strategy under section 24A or 24B relates in accordance with that strategy.
- (2) Subsection (1) is subject to the following provisions of this section.
- (3) The Council may not carry out a function in accordance with such a strategy if in doing so it would fail to comply with a duty imposed on it by or under any enactment other than subsection (1).
- (4) If provision in the Council’s strategy under section 16 conflicts with provision in a strategy under section 24A (or section 24B), the Council may disregard the provision in the strategy under section 24A (or section 24B) so far as it conflicts with the provision in the Council’s strategy under section 16.
- (5) If provision in a strategy under section 24A conflicts with provision in another strategy, being a strategy under section 24A or section 24B, the Council may disregard such conflicting provision in one of the strategies or in both of them.
- (6) The Council may disregard a strategy under section 24A (or section 24B) if the body whose strategy it is, in formulating or reviewing the strategy—
- (a) failed to comply with directions given under section 24A(4) (or section 24B(4)), or
- (b) failed to have regard to guidance given under section 24A(4) (or section 24B(4)).
- (7) Nothing in subsection (1) requires the Council to carry out any of its functions in a manner that it is satisfied—
- (a) would be unreasonable, or
- (b) might give rise to disproportionate expenditure.
- (8) If the Council proposes not to carry out, or does not carry out, a function to which a strategy under section 24A or 24B relates in accordance with the strategy—
- (a) the Council must refer the matter to the Secretary of State;
- (b) the body whose strategy it is may refer the matter to the Secretary of State.
- (9) On a reference under subsection (8) the Secretary of State may give such direction to the Council as he thinks fit as to the carrying out of the function.
- (10) The Council must comply with any direction that the Secretary of State may give it under subsection (9).
#### Directions.
#### Area inspections.
#### Restructuring of sixth-form education
#### Provision of services.
#### Assessments relating to learning difficulties: England
#### City academies.
#### Induction periods for teachers.
#### Assessments relating to learning difficulties: England
#### Assessments relating to learning difficulties.
#### Designated institutions: disposal of land, &c.
#### Financial support for students: Northern Ireland.
#### Sex education.
#### Amendments.
#### Introductory
#### Proposals to discontinue a school
............
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Designated institutions: disposal of land, &c.
#### Financial support for students: Northern Ireland.
#### Sex education.
#### Introductory
#### Proposals to discontinue a school
............
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 139A
- (1) Subsection (2) applies if a local education authority in England—
- (a) maintains a statement of special educational needs for a person, and
- (b) believes that the person will leave school, at the end of his last year of compulsory schooling, to receive post-16 education or training or higher education.
- (2) The authority must arrange for an assessment of the person to be conducted at some time during his last year of compulsory schooling.
- (3) Subsection (4) applies if a local education authority in England—
- (a) maintains a statement of special educational needs for a person who is over compulsory school age, and
- (b) believes that the person will leave school, during or at the end of the current school year, to receive post-16 education or training or higher education.
- (4) The authority must arrange for an assessment of the person to be conducted at some time during the current school year.
- (5) A local education authority in England may at any time arrange for an assessment to be conducted of a person—
- (a) who is within subsection (6), and
- (b) for whom the authority is responsible.
- (6) A person within this subsection is one who—
- (a) is in his last year of compulsory schooling, or is over compulsory school age but has not attained the age of 25,
- (b) appears to the authority to have a learning difficulty within the meaning of section 13, and
- (c) is receiving, or in the opinion of the authority is likely to receive, post-16 education or training or higher education.
- (7) In exercising its functions under this section an authority must have regard to any guidance issued by the Secretary of State.
##### 139B
- (1) This section applies for the purposes of section 139A.
- (2) A statement of special educational needs is a statement maintained under section 324 of the Education Act 1996.
- (3) An assessment of a person is an assessment, resulting in a written report, of—
- (a) the person's educational and training needs, and
- (b) the provision required to meet them.
- (4) A local education authority is responsible for—
- (a) a person who is receiving education or training in its area;
- (b) a person who is not receiving education or training, but who is normally resident in its area;
- (c) a person who is not receiving education or training, and who is not normally resident in its area or that of another authority, but who is otherwise within its area and, in its opinion, likely to receive post-16 education or training or higher education.
- (5) A person's last year of compulsory schooling is the last school year at his school during the whole or part of which he is of compulsory school age; and in the application of section 139A(6) to a person who is receiving education at an institution other than a school, that institution is to be treated for the purpose of determining his last year of compulsory schooling as though it were a school.
- (6) “Higher education” is education provided by means of a course of any description mentioned in Schedule 6 to the Education Reform Act 1988.
- (7) “*Post-16 education or training*” means post-16 education or post-16 training within the meaning of Part 1.
- (8) “*School year*” has the meaning given in section 579(1) of the Education Act 1996.
##### 139C
- (1) Section 139A applies in relation to a person who is receiving education at home, subject to the following modifications.
- (2) In section 139A(1)(b) and (3)(b), references to a person's leaving school to receive post-16 education or training or higher eduction are to be construed as references to a person's ceasing to receive education at home in order to receive, otherwise than in a school, post-16 education or training or higher education.
- (3) References to a person's last year of compulsory schooling are to be construed as references to the 12 month period ending when the person ceases to be of compulsory school age.
- (4) References to the current school year are to be construed as references to the period of 12 months beginning on the most recent 1st September.
#### Supplementary.
#### Assessments relating to learning difficulties: England
#### Financial support for students: Northern Ireland.
#### Sex education.
#### Sex education.
#### Introductory
#### Proposals to discontinue a school
............
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Education and training for persons over 19.
#### Links between education and training and employment.
#### Duty of Council
#### Some defined terms.
#### Area inspections.
#### Restructuring of sixth-form education
#### Provision of services.
#### Supplementary.
#### Wales: provision of information by public bodies.
#### Designated institutions: disposal of land, &c.
#### Financial support for students: Northern Ireland.
#### Amendments.
#### Introductory
#### Proposals to discontinue a school
............
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 4A
- (1) The Council must secure the provision of proper facilities for relevant education or training for persons falling within subsection (3) which is suitable to their requirements.
- (2) Relevant education or training is education (other than higher education) or vocational training provided by means of a course of study for a qualification to which paragraph 1 of Schedule 1A applies.
- (3) The persons falling within this subsection are persons who—
- (a) have attained the age of 19,
- (b) do not have the qualification in question or one (including one awarded by a person outside England) which appears to the Council to be at a comparable or higher level, and
- (c) satisfy such conditions as may be specified in regulations made by the Secretary of State.
- (4) 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.
- (5) In performing the duty imposed on it by subsection (1) the Council 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) act with a view to encouraging diversity of education and training available to individuals;
- (e) act with a view to increasing opportunities for individuals to exercise choice;
- (f) make the best use of the Council's resources and in particular avoid provision which might give rise to disproportionate expenditure;
- (g) have regard to any guidance given from time to time by the Secretary of State.
- (6) Provision is not to be considered as giving rise to disproportionate expenditure only because that provision is more expensive than comparable provision.
- (7) For the purposes of this section—
- (a) education includes both full-time education and part-time education;
- (b) training includes both full-time and part-time training;
- (c) higher education is education provided by means of a course of any description mentioned in Schedule 6 to the Education Reform Act 1988.
##### 4B
- (1) The Council must exercise its functions under this Part so as to secure that a course of study for a qualification to which paragraph 1 of Schedule 1A applies is free to a person falling within subsection (2) if it is provided for the person by virtue of facilities whose provision is secured under section 4A.
- (2) A person falls within this subsection if, at the time of starting the course in question, the person—
- (a) has attained the age of 19,
- (b) does not have the qualification in question or one (including one awarded by a person outside England) which appears to the Council to be at a comparable or higher level, and
- (c) satisfies such conditions as may be specified in regulations made by the Secretary of State.
- (3) The Council must exercise its functions under this Part so as to secure that a course of study for a qualification to which paragraph 2 of Schedule 1A applies is free to a person falling within subsection (4) if it is provided for the person by virtue of facilities whose provision is secured under section 3.
- (4) A person falls within this subsection if, at the time of starting the course in question, the person—
- (a) has attained the age of 19 but not the age of 25,
- (b) does not have the qualification in question or one (including one awarded by a person outside England) which appears to the Council to be at a comparable or higher level, and
- (c) satisfies such conditions as may be specified in regulations made by the Secretary of State.
- (5) In performing a duty imposed on it by this section, the Council must have regard to any guidance given from time to time by the Secretary of State.
- (6) The Secretary of State may by order—
- (a) amend subsection (2)(a) by substituting a different age for the age for the time being referred to;
- (b) amend subsection (4)(a) by substituting a different age for either of the ages for the time being referred to.
- (7) For the purposes of this section, a course is free to a person if no tuition fees in respect of the provision of the course for the person are payable by a person other than—
- (a) the Council, or
- (b) a body specified by order by the Secretary of State for the purposes of this section.
- (8) In subsection (7), “*tuition fees*”, in relation to a course, means—
- (a) the fees charged in respect of the course by the person providing it, and
- (b) such fees in respect of other matters relating to the course (such as undergoing a preliminary assessment or sitting an examination) as may be specified in regulations made by the Secretary of State.
##### 4C
- (1) The Secretary of State may by regulations make provision as to circumstances in which—
- (a) despite having a specified qualification, a person is to be treated for the purposes of section 4A or 4B as not having that qualification;
- (b) despite not having a specified qualification, a person is to be treated for any of those purposes as having that qualification.
- (2) A condition specified in regulations under section 4A or 4B may, in particular, relate to—
- (a) the possession, or lack, of a specified qualification;
- (b) the completion of, or failure to complete, a course for a specified qualification.
- (3) A reference in subsection (1) or (2) to a specified qualification is to a qualification specified, or of a description specified, in the regulations.
- (4) Regulations under this section, or under section 4A or 4B, may confer a function (which may relate to the administration of an assessment and may include the exercise of a discretion) on a person specified, or of a description specified, in the regulations.
- (5) Part 2 of Schedule 1A makes further provision for the purposes of sections 4A and 4B.
## SCHEDULE 1A
## Part 1
### Qualifications to which this Schedule applies
##### 1
- (1) This Schedule applies to proposals under section 113A which have been approved or confirmed by the relevant authority under that section.
- (2) The proposals shall (subject to the following provisions of this paragraph) be implemented in the form in which they were so approved or confirmed, in accordance with this Schedule.
- (3) At the request of any persons prescribed in regulations, the relevant authority—
- (a) may modify the proposals after consulting such persons as may be prescribed, and
- (b) where any approval or confirmation was given subject to the occurrence of a specified event, may specify a later date by which the event in question must occur.
- (4) If the relevant authority is satisfied, after consulting such persons as may be prescribed in regulations—
- (a) that implementation of the proposals would be unreasonably difficult, or
- (b) that circumstances have so altered since approval or confirmation was given under section 113A that implementation of the proposals would be inappropriate,
it may determine that sub-paragraph (2) shall cease to apply to the proposal.
This paragraph applies to the following qualifications—
- (a) a specified qualification in level 1 literacy,
- (b) a specified qualification in entry level 3 numeracy,
- (c) a specified vocational qualification at level 2.
##### 2
To the extent that the proposals are proposals to establish a school, they shall be implemented by the local education authority which it is proposed shall establish the school.
This paragraph applies to a specified qualification at level 3.
## Part 2
### Power to specify
##### 3
- (1) To the extent that the proposals are proposals to make a prescribed alteration to a school, they shall be implemented in accordance with this paragraph.
- (2) Where the proposals relate to a community school, they shall be implemented by the local education authority which maintains the school.
- (3) Where the proposals relate to a voluntary aided school, they shall be implemented—
- (a) so far as relating to the provision of any relevant premises, by the local education authority which maintains the school, and
- (b) otherwise, by the governing body of the school.
- (4) For this purpose “ *relevant premises* ” means—
- (a) in relation to a local education authority in England, playing fields, and
- (b) in relation to a local education authority in Wales—
- (i) playing fields, or
- (ii) buildings which are to form part of the school premises but are not to be school buildings (within the meaning of the Education Act 1996).
- (5) Where the proposals relate to any other school, they shall be implemented by the local education authority which maintains the school and the governing body of the school, respectively, to such extent (if any) as the proposals provide for each of them to do so.
#### Local councils.
- (1) In paragraphs 1 and 2, a reference to a specified qualification is to an external qualification which is specified, or which is of a description specified, in regulations made by the Secretary of State.
- (2) The regulations may specify qualifications, or descriptions of qualifications, by reference to an assessment made by the Council of the level of attainment demonstrated by a qualification; and for that purpose the regulations may confer a function (which may include the exercise of a discretion) on the Council.
- (3) The regulations may make provision which applies subject to exceptions specified in the regulations.
- (4) In sub-paragraph (1), “*external qualification*” has the meaning given in section 24 of the Education Act 1997.
### Level 1 literacy
##### 4
To the extent that the proposals are proposals to discontinue a school they shall be implemented—
- (a) in the case of proposals relating to a community or community special school, by the local education authority which maintains the school, and
- (b) in any other case, by the local education authority which maintains the school and the governing body of the school.
Level 1 literacy is the level of attainment in literacy which, in the opinion of the Secretary of State, is the minimum required in that respect by persons aged 19 and over in order to be able to operate effectively in day-to-day life.
### Entry level 3 numeracy
##### 5
- (1) Where a local education authority in England are required under this Schedule to provide a site for a foundation or voluntary controlled school or foundation special school (or a proposed such school), paragraph 28 of Schedule 2 to the Education and Inspections Act 2006 applies as it applies in the circumstances mentioned in sub-paragraph (1) of that paragraph.
- (2) Where a local education authority in Wales are required under this Schedule to provide a site for a foundation or voluntary controlled school or foundation special school (or a proposed such school), paragraph 16 of Schedule 6 to the School Standards and Framework Act 1998 applies as it applies in the circumstances mentioned in sub-paragraph (1) of that paragraph.
Entry level 3 numeracy is the level of attainment in numeracy which, in the opinion of the Secretary of State, is the minimum required in that respect by persons aged 19 and over in order to be able to operate effectively in day-to-day life.
### Level 2
##### 6
- (1) In relation to England, where the governing body of a voluntary aided school are required by paragraph 3(3)(b) of this Schedule to implement proposals to make an alteration to the school, paragraph 5 of Schedule 3 to the School Standards and Framework Act 1998 (grants by Secretary of State in respect of expenditure on premises and equipment) applies in relation to the school.
- (2) In relation to Wales, paragraph 17 of Schedule 6 to the School Standards and Framework Act 1998 (grants in respect of certain expenditure relating to voluntary aided schools) applies in relation to the obligation under paragraph 3(3)(b) of this Schedule as it applies in relation to the obligations referred to in sub-paragraph (1)(a) of that paragraph 17.
Level 2 is the level of attainment (in terms of breadth and depth) which, in the opinion of the Secretary of State, is demonstrated by the General Certificate of Secondary Education in five subjects, each at Grade C or above.
### Level 3
##### 7
- (1) A local education authority in England may give to the governing body of a voluntary aided school such assistance as the authority think fit in relation to the carrying out by the governing body of any obligation imposed on the governing body under this Schedule.
- (2) Paragraph 31 of Schedule 2 to the Education and Inspections Act 2006 applies in relation to assistance under sub-paragraph (1) as it applies in relation to assistance under paragraph 30 of that Schedule.
- (3) In relation to Wales, paragraph 18 of Schedule 6 to the School Standards and Framework Act 1998 (assistance from LEA in respect of voluntary aided schools) applies in relation to obligations imposed on the governing body of a voluntary aided school under this Schedule as it applies in relation to the obligations referred to in that paragraph, and paragraph 20 of that Schedule (duty on LEA to transfer interest in premises provided under paragraph 18) applies accordingly.
##### 113A
- (1) The Learning and Skills Council for England may make proposals under this section—
- (a) with a view to meeting recommendations made in the report of an area inspection under section 128 of the Education and Inspections Act 2006,
- (b) with a view to promoting one or more of the relevant objectives, or
- (c) if—
- (i) they are made in addition to proposals relating to education or training other than in schools, and
- (ii) the combined proposals are made with a view to promoting one or more of the relevant objectives.
- (2) The National Assembly for Wales may make proposals under this section—
- (a) with a view to meeting recommendations made in the report of an area inspection under section 83,
- (b) with a view to promoting one or more of the relevant objectives, or
- (c) if—
- (i) they are made in addition to proposals relating to education or training other than in schools, and
- (ii) the combined proposals are made with a view to promoting one or more of the relevant objectives.
- (3) For the purposes of this section, the following are “ *relevant objectives* ”—
- (a) an improvement in the educational or training achievements of persons who are above compulsory school age but below the age of 19;
- (b) an increase in the number of such persons who participate in education or training suitable to the requirements of such persons;
- (c) an expansion of the range of educational or training opportunities suitable to the requirements of such persons.
- (4) Proposals under this section are proposals for one or more of the following—
- (a) the establishment by a local education authority in Wales of one or more new community, foundation, community special or foundation special schools to provide secondary education suitable to the requirements of persons who are above compulsory school age but below the age of 19 (and no other secondary education);
- (aa) the establishment by a local education authority in England of one or more new foundation or foundation special schools to provide secondary education suitable to the requirements of persons who are above compulsory school age but below the age of 19 (and no other secondary education);
- (b) an alteration to one or more maintained schools which relates to the provision of secondary education suitable to the requirements of such persons and is of a description prescribed by regulations;
- (c) the discontinuance of one or more maintained schools which provide secondary education suitable to the requirements of such persons (and no other secondary education).
- (4A) Proposals under this section are to be published.
- (5) Proposals under subsection (1) are to be submitted to the relevant authority, which shall—
- (a) approve them, with or without modification or subject to the occurrence of any event, or
- (b) reject them.
- (5A) In respect of proposals under subsection (2), the relevant authority shall, in accordance with regulations made under subsection (9), determine whether to—
- (a) confirm them, with or without modification or subject to the occurrence of any event; or
- (b) withdraw them.
- (6) Schedule 7A (implementation of proposals) has effect.
- (7) In exercising any function conferred by or under this section, the Learning and Skills Council for England ... must have regard to any guidance given from time to time by the relevant authority.
- (8) Proposals under subsection (1) may be made either alone or in addition to proposals under section 51 of the Further and Higher Education Act 1992 (c. 13) (proposals for further education corporations).
- (9) Regulations may make provision about proposals under this section and may in particular make provision about—
- (a) the information to be included in, or provided in relation to, the proposals;
- (b) publication of the proposals;
- (c) consultation on the proposals (before or after publication);
- (d) the making of objections to or comments on the proposals;
- (e) withdrawal or modification of the proposals;
- (f) approval of proposals under subsection (1) by the relevant authority.
- (g) confirmation of proposals under subsection (2) by the relevant authority
- (10) For the purposes of sections 496 and 497 of the Education Act 1996 (c. 56) (powers to prevent unreasonable exercise of functions and general default powers), the provisions of this section and Schedule 7A shall be treated as if they were provisions of that Act.
- (11) For the purposes of this section and Schedule 7A—
- “ *alteration* ” means an alteration of whatever nature, including the transfer of the school to a new site but excluding any change— in the religious character of the school, orwhereby the school would acquire or lose a religious character;
- “ *maintained school* ” means a community, foundation or voluntary school or a community or foundation special school;
- “ *regulations* ” means— in relation to proposals by the Learning and Skills Council for England, regulations made by the Secretary of State, andin relation to proposals by the National Assembly for Wales, regulations made by the National Assembly for Wales;
- “ *relevant authority* ” means— in relation to the Learning and Skills Council for England, the Secretary of State; andin relation to the National Assembly for Wales, the National Assembly for Wales;
- “ *secondary education* ” has the same meaning as in section 2 of the Education Act 1996.
#### Provision of services.
#### Persons with learning difficulties.
#### Strategy.
#### Designated institutions: disposal of land, &c.
#### Strategy.
#### Some defined terms.
#### Qualifying accounts.
#### Introductory
#### Assessments relating to learning difficulties.
............
##### 94A
- (1) For the purposes of stamp duty land tax, a land transaction effected by a scheme under section 92 or 93 is exempt from charge.
- (2) Relief under this section must be claimed in a land transaction return or an amendment of such a return.
- (3) In this section—
- “land transaction” has the meaning given by section 43(1) of the Finance Act 2003;
- “land transaction return” has the meaning given by section 76(1) of that Act.
#### Restructuring of sixth-form education
#### Research and information.
#### Information: supply by Secretary of State.
#### Careers services.
#### Plans.
#### Strategy.
#### Use of information by Council.
#### Financial support for students: Northern Ireland.
#### Regional councils
#### Functions of regional councils
#### Information: supply by Secretary of State.
#### Supplementary
............
#### Reports of area inspections.
#### Studies across Wales or of provision made outside Wales.
#### Qualifying accounts.
#### Further education corporations.
#### Restructuring of sixth-form education
#### Provision of services.
#### Plans.
#### Careers services.
#### Local councils.
#### Regional councils
#### Sex education.
#### Introductory
#### Proposals to discontinue a school
............
#### Information: supply by public bodies.
#### Restructuring of sixth-form education
#### Sex education.
#### Information: supply by Secretary of State.
............
#### Further education corporations.
#### Wales: provision of information by public bodies.
#### Restructuring of sixth-form education
#### Designated institutions: disposal of land, &c.
#### Financial support for students: Northern Ireland.
#### Strategy for functions of Council: Greater London
#### Strategy for functions of Council: Greater London
#### Information: supply by Secretary of State.
#### Proposals to discontinue a school
............
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Some defined terms.
#### Wales: provision of information by public bodies.
#### Action plans following section 83 inspections.
#### Financial support for students: Northern Ireland.
#### Sex education.
#### Amendments.
#### Introductory
#### Proposals to discontinue a school
............
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 11A
- (1) The Council may—
- (a) make and carry on one or more schemes for the purpose of encouraging 10 to 15 year olds to undergo relevant education or training, and
- (b) secure the provision of financial resources to such persons who are receiving or proposing to receive relevant education or training in pursuance of such a scheme.
- (2) Sections 5(2) and (3) and 6(1), (2) and (5) apply in relation to the provision of financial resources under subsection (1)(b) as they apply in relation to the provision of financial resources under section 5(1)(c).
- (3) In this section—
- “ *10 to 15 year olds* ” means persons who have attained the age of 10 but have not ceased to be of compulsory school age;
- “ *relevant education* ” means— education (other than higher education) suitable to the requirements of 10 to 15 year olds, andorganised leisure-time occupation connected with such education;
- “ *relevant training* ” means— training suitable to the requirements of 10 to 15 year olds, andorganised leisure-time occupation connected with such training.
- (4) Subsection (5) of section 2 has effect for the purposes of the definitions of “relevant education” and “relevant training” in subsection (3) above as it has effect for the purposes of that section.
### The Inspectorate
### Functions of the Inspectorate and the Chief Inspector
### Chapter IV — General
#### Financial resources: conditions.
#### Area inspections.
#### Action plans following section 83 inspections.
#### Consultation and coordination.
#### Further education corporations.
#### Provision of services.
#### Restructuring of sixth-form education
#### Induction periods for teachers.
#### Training programmes: cessation of funding.
#### Further education colleges: governors’ liability.
#### Financial support for students: Northern Ireland.
#### Sex education.
#### Wales.
#### Assessments relating to learning difficulties.
#### Assessments relating to learning difficulties.
............
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Restructuring of sixth-form education
#### Information: supply by Secretary of State.
#### Careers services.
#### Supplementary.
#### Wales: provision of information by public bodies.
#### Induction periods for teachers.
#### Committees.
#### Some defined terms.
#### Action plans following section 83 inspections.
#### Qualifying arrangements.
#### Further education institutions: designation.
#### Introductory
#### Wales: provision of information by public bodies.
............
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Links between education and training and employment.
#### Equality of opportunity.
#### Provision of services.
#### Information: supply by Secretary of State.
#### Careers services.
#### Wales: provision of information by public bodies.
#### Induction periods for teachers.
#### Studies across Wales or of provision made outside Wales.
#### Qualifying accounts.
#### Financial support for students: Northern Ireland.
#### Amendments.
#### Introductory
#### Proposals to discontinue a school
............
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Education and training for persons over 19.
#### Encouragement of education and training.
#### Financial resources: conditions.
##### 14A
- (1) In exercising its functions the Council must have regard to any guidance given from time to time by the Secretary of State about consultation with—
- (a) persons receiving or proposing to receive post-16 education or training,
- (b) employers, or
- (c) such other persons as may be specified in such guidance, in connection with the taking of decisions affecting them.
- (2) Any guidance under this section about consultation with persons falling within paragraph (a) of subsection (1) must provide for the views of such a person to be considered in the light of his age and understanding.
#### Plans.
#### Strategy.
#### Some defined terms.
#### Plans.
#### Action plans following section 83 inspections.
#### Provision of services.
#### Careers services.
#### Provision of services.
#### Wales: provision of information by public bodies.
#### Induction periods for teachers.
#### Supplementary.
#### Designated institutions: disposal of land, &c.
#### Sex education.
#### Wales: provision of information by public bodies.
#### Introductory
#### Proposals to discontinue a school
............
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Funding of school sixth-forms.
#### Research and information.
#### Area inspections.
#### Action plans following section 83 inspections.
#### Qualifying accounts.
#### Careers services.
#### Provision of services.
#### Induction periods for teachers.
#### Designated institutions: disposal of land, &c.
#### Induction periods for teachers.
#### Designated institutions: disposal of land, &c.
#### Amendments.
#### Amendments.
#### Proposals to discontinue a school
............
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Research and information.
### Regional councils
##### 18A
- (1) The Council must establish a committee (to be called a regional learning and skills council) for each area of England specified by the Secretary of State.
- (2) The Secretary of State may by regulations make provision about regional councils
- (3) Regulations under subsection (2) may, in particular, make provision about—
- (a) the membership of a regional council;
- (b) the appointment of the members of a regional council;
- (c) the appointment of a member of a regional council as chairman;
- (d) the holding and vacation of office as a member or chairman of a regional council (including a person's re-appointment, resignation and removal from office);
- (e) the appointment by the Council of its employees as staff of a regional council;
- (f) the delegation of functions by a regional council to its chairman;
- (g) the delegation by the chairman of a regional council of functions that he is authorised to exercise to a member of the regional council;
- (h) the delegation of functions by a regional council, with the consent of the Council, to a member of staff of the regional council
- (i) the payment by the Council of such salaries and such travelling, subsistence and other allowances to the chairman and other members of a regional council as the Secretary of State may determine
- (j) the provision of information to the Secretary of State;
- (k) the attendance of a representative of the Secretary of State at, and the participation of such a representative in, any meeting of a regional council;
- (l) the validity of the proceedings of a regional council;
- (m) the regulation by a regional council of its own procedure.
- (4) Regulations made by virtue of subsection (3)(a) may provide for the membership of a regional council to include persons who are not members of the Council.
- (5) A consent given under subsection (3)(h) by the Council may relate to a particular function or to such descriptions of function as may be specified in the consent.
##### 18B
- (1) A regional council—
- (a) must perform in relation to its area such of the Council's duties as the Council specifies;
- (b) may exercise in relation to its area such of the Council's powers as the Council specifies.
- (2) A regional council—
- (a) must perform in relation to such places outside its area as the Council specifies such of the Council's duties as the Council specifies;
- (b) may exercise in relation to such places outside its area as the Council specifies such of the Council's powers as the Council specifies.
##### 18C
- (1) In relation to each financial year of the Council it must prepare guidance for each regional council.
- (2) The guidance must include objectives which a regional council should achieve in seeking to carry out its functions.
- (3) The guidance must set a regional council's budget for the financial year.
- (4) The Council must consult the regional development agencies and local authorities on the guidance.
- (5) After consulting under subsection (4) and (if appropriate) altering the guidance the Council must issue the guidance to the regional council.
- (6) The guidance in relation to the financial year of the Council in which section 2 of the Further Education and Training Act 2007 comes into force must be prepared as soon as reasonably practicable after that section comes into force.
- (7) The guidance in relation to any subsequent financial year of the Council must be prepared in time for the guidance to be issued before the financial year starts.
- (8) A regional development agency is a development agency established by section 1 of the Regional Development Agencies Act 1998.
#### Area inspections.
#### Qualifying accounts.
#### Careers services.
#### Supplementary.
#### Financial support for students: Northern Ireland.
#### Sex education.
#### Amendments.
#### Introductory
#### Proposals to discontinue a school
............
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Education and training for persons aged 16 to 19.
##### 24A
- (1) The Secretary of State may by order specify an area in England as an area for which a body specified in the order may formulate and keep under review a strategy setting out how such functions of the Council as are specified in the order are to be carried out in relation to the area.
- (2) An order under subsection (1) may specify an area comprising the whole of England.
- (3) An order under subsection (1) may not specify an area in England consisting only of Greater London or a part of Greater London.
- (4) The Secretary of State may give to a body specified in an order under subsection (1) directions and guidance in relation to the formulation and review of its strategy, in particular in relation to—
- (a) the form and content of the strategy;
- (b) the updating of the strategy;
- (c) the steps to be taken when the body is formulating or reviewing the strategy;
- (d) the matters to which the body is to have regard when formulating or reviewing the strategy;
- (e) the consultation to be carried out when the body is formulating or reviewing the strategy.
- (5) It is the duty of a body specified in an order under subsection (1) to comply with any directions given to it by the Secretary of State under subsection (4).
- (6) It is the duty of a body specified in an order under subsection (1) to have regard to any guidance given to it by the Secretary of State under subsection (4).
- (7) The Council may pay to a body specified in an order under subsection (1) such sums as appear to the Council appropriate for enabling the body to meet costs and expenses incurred, or to be incurred, by it in formulating its strategy or keeping it under review.
##### 24B
- (1) The Secretary of State must by regulations provide for the establishment of a body for the purposes of discharging the functions set out in subsection (2).
- (2) The body established under this section must—
- (a) formulate a strategy setting out how specified functions of the Council are to be carried out in Greater London, and
- (b) keep it under review.
- (3) Specified functions are functions of the Council specified for the purposes of this section by order of the Secretary of State.
- (4) The Secretary of State may give to the body established under this section directions and guidance in relation to the formulation and review of its strategy, in particular in relation to—
- (a) the form and content of the strategy;
- (b) the updating of the strategy;
- (c) the steps to be taken when the body is formulating or reviewing the strategy;
- (d) the matters to which the body is to have regard when formulating or reviewing the strategy;
- (e) the consultation to be carried out when the body is formulating or reviewing the strategy.
- (5) It is the duty of the body established under this section to comply with any directions given to it by the Secretary of State under subsection (4).
- (6) It is the duty of the body established under this section to have regard to any guidance given to it by the Secretary of State under subsection (4).
- (7) Where the body established under this section formulates a strategy under this section, or in consequence of a review of the strategy modifies it, the body must publish the strategy or modified strategy in such manner as it thinks fit .
- (8) Regulations under this section must include—
- (a) provision for the body to consist of the Mayor of London and such other persons as are appointed by the Mayor in accordance with the regulations;
- (b) provision for the Mayor to be the chairman of the body.
- (9) The Council may pay to the body established under this section such sums as appear to the Council appropriate for enabling the body to meet costs and expenses incurred, or to be incurred, by it in formulating its strategy or keeping it under review.
- (10) The Council may pay to the Greater London Authority such sums as appear to the Council appropriate for enabling the Authority to meet costs and expenses incurred, or to be incurred, by the Mayor in connection with the exercise of functions conferred on him by regulations under this section or as chairman of the body established under this section.
#### Duty of Council
##### 24C
- (1) The Council must carry out any function to which a strategy under section 24A or 24B relates in accordance with that strategy.
- (2) Subsection (1) is subject to the following provisions of this section.
- (3) The Council may not carry out a function in accordance with such a strategy if in doing so it would fail to comply with a duty imposed on it by or under any enactment other than subsection (1).
- (4) If provision in the Council’s strategy under section 16 conflicts with provision in a strategy under section 24A (or section 24B), the Council may disregard the provision in the strategy under section 24A (or section 24B) so far as it conflicts with the provision in the Council’s strategy under section 16.
- (5) If provision in a strategy under section 24A conflicts with provision in another strategy, being a strategy under section 24A or section 24B, the Council may disregard such conflicting provision in one of the strategies or in both of them.
- (6) The Council may disregard a strategy under section 24A (or section 24B) if the body whose strategy it is, in formulating or reviewing the strategy—
- (a) failed to comply with directions given under section 24A(4) (or section 24B(4)), or
- (b) failed to have regard to guidance given under section 24A(4) (or section 24B(4)).
- (7) Nothing in subsection (1) requires the Council to carry out any of its functions in a manner that it is satisfied—
- (a) would be unreasonable, or
- (b) might give rise to disproportionate expenditure.
- (8) If the Council proposes not to carry out, or does not carry out, a function to which a strategy under section 24A or 24B relates in accordance with the strategy—
- (a) the Council must refer the matter to the Secretary of State;
- (b) the body whose strategy it is may refer the matter to the Secretary of State.
- (9) On a reference under subsection (8) the Secretary of State may give such direction to the Council as he thinks fit as to the carrying out of the function.
- (10) The Council must comply with any direction that the Secretary of State may give it under subsection (9).
#### Directions.
#### Area inspections.
#### Restructuring of sixth-form education
#### Provision of services.
#### Assessments under section 139A: interpretation
#### City academies.
#### Induction periods for teachers.
#### Assessments relating to learning difficulties: England
#### Assessments relating to learning difficulties.
#### Designated institutions: disposal of land, &c.
#### Financial support for students: Northern Ireland.
#### Sex education.
#### Amendments.
#### Introductory
#### Proposals to discontinue a school
............
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Designated institutions: disposal of land, &c.
#### Financial support for students: Northern Ireland.
#### Sex education.
#### Introductory
#### Proposals to discontinue a school
............
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 139A
- (1) Subsection (2) applies if a local education authority in England—
- (a) maintains a statement of special educational needs for a person, and
- (b) believes that the person will leave school, at the end of his last year of compulsory schooling, to receive post-16 education or training or higher education.
- (2) The authority must arrange for an assessment of the person to be conducted at some time during his last year of compulsory schooling.
- (3) Subsection (4) applies if a local education authority in England—
- (a) maintains a statement of special educational needs for a person who is over compulsory school age, and
- (b) believes that the person will leave school, during or at the end of the current school year, to receive post-16 education or training or higher education.
- (4) The authority must arrange for an assessment of the person to be conducted at some time during the current school year.
- (5) A local education authority in England may at any time arrange for an assessment to be conducted of a person—
- (a) who is within subsection (6), and
- (b) for whom the authority is responsible.
- (6) A person within this subsection is one who—
- (a) is in his last year of compulsory schooling, or is over compulsory school age but has not attained the age of 25,
- (b) appears to the authority to have a learning difficulty within the meaning of section 13, and
- (c) is receiving, or in the opinion of the authority is likely to receive, post-16 education or training or higher education.
- (7) In exercising its functions under this section an authority must have regard to any guidance issued by the Secretary of State.
##### 139B
- (1) This section applies for the purposes of section 139A.
- (2) A statement of special educational needs is a statement maintained under section 324 of the Education Act 1996.
- (3) An assessment of a person is an assessment, resulting in a written report, of—
- (a) the person's educational and training needs, and
- (b) the provision required to meet them.
- (4) A local education authority is responsible for—
- (a) a person who is receiving education or training in its area;
- (b) a person who is not receiving education or training, but who is normally resident in its area;
- (c) a person who is not receiving education or training, and who is not normally resident in its area or that of another authority, but who is otherwise within its area and, in its opinion, likely to receive post-16 education or training or higher education.
- (5) A person's last year of compulsory schooling is the last school year at his school during the whole or part of which he is of compulsory school age; and in the application of section 139A(6) to a person who is receiving education at an institution other than a school, that institution is to be treated for the purpose of determining his last year of compulsory schooling as though it were a school.
- (6) “Higher education” is education provided by means of a course of any description mentioned in Schedule 6 to the Education Reform Act 1988.
- (7) “*Post-16 education or training*” means post-16 education or post-16 training within the meaning of Part 1.
- (8) “*School year*” has the meaning given in section 579(1) of the Education Act 1996.
##### 139C
- (1) Section 139A applies in relation to a person who is receiving education at home, subject to the following modifications.
- (2) In section 139A(1)(b) and (3)(b), references to a person's leaving school to receive post-16 education or training or higher eduction are to be construed as references to a person's ceasing to receive education at home in order to receive, otherwise than in a school, post-16 education or training or higher education.
- (3) References to a person's last year of compulsory schooling are to be construed as references to the 12 month period ending when the person ceases to be of compulsory school age.
- (4) References to the current school year are to be construed as references to the period of 12 months beginning on the most recent 1st September.
#### Supplementary.
#### Assessments relating to learning difficulties: England
#### Financial support for students: Northern Ireland.
#### Sex education.
#### Sex education.
#### Introductory
#### Proposals to discontinue a school
............
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
#### Education and training for persons over 19.
#### Assessments and means tests.
#### Duty of Council
#### The extended remit of the Chief Inspector for Wales.
#### Area inspections.
#### Restructuring of sixth-form education
#### Consultation and coordination.
#### City academies.
#### Induction periods for teachers.
#### Further education colleges: governors’ liability.
#### Financial support for students: Northern Ireland.
#### Wales.
#### Proposals to establish a school
#### Supplementary
............
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
##### 4A
- (1) The Council must secure the provision of proper facilities for relevant education or training for persons falling within subsection (3) which is suitable to their requirements.
- (2) Relevant education or training is education (other than higher education) or vocational training provided by means of a course of study for a qualification to which paragraph 1 of Schedule 1A applies.
- (3) The persons falling within this subsection are persons who—
- (a) have attained the age of 19,
- (b) do not have the qualification in question or one (including one awarded by a person outside England) which appears to the Council to be at a comparable or higher level, and
- (c) satisfy such conditions as may be specified in regulations made by the Secretary of State.
- (4) 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.
- (5) In performing the duty imposed on it by subsection (1) the Council 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) act with a view to encouraging diversity of education and training available to individuals;
- (e) act with a view to increasing opportunities for individuals to exercise choice;
- (f) make the best use of the Council's resources and in particular avoid provision which might give rise to disproportionate expenditure;
- (g) have regard to any guidance given from time to time by the Secretary of State.
- (6) Provision is not to be considered as giving rise to disproportionate expenditure only because that provision is more expensive than comparable provision.
- (7) For the purposes of this section—
- (a) education includes both full-time education and part-time education;
- (b) training includes both full-time and part-time training;
- (c) higher education is education provided by means of a course of any description mentioned in Schedule 6 to the Education Reform Act 1988.
##### 4B
- (1) The Council must exercise its functions under this Part so as to secure that a course of study for a qualification to which paragraph 1 of Schedule 1A applies is free to a person falling within subsection (2) if it is provided for the person by virtue of facilities whose provision is secured under section 4A.
- (2) A person falls within this subsection if, at the time of starting the course in question, the person—
- (a) has attained the age of 19,
- (b) does not have the qualification in question or one (including one awarded by a person outside England) which appears to the Council to be at a comparable or higher level, and
- (c) satisfies such conditions as may be specified in regulations made by the Secretary of State.
- (3) The Council must exercise its functions under this Part so as to secure that a course of study for a qualification to which paragraph 2 of Schedule 1A applies is free to a person falling within subsection (4) if it is provided for the person by virtue of facilities whose provision is secured under section 3.
- (4) A person falls within this subsection if, at the time of starting the course in question, the person—
- (a) has attained the age of 19 but not the age of 25,
- (b) does not have the qualification in question or one (including one awarded by a person outside England) which appears to the Council to be at a comparable or higher level, and
- (c) satisfies such conditions as may be specified in regulations made by the Secretary of State.
- (5) In performing a duty imposed on it by this section, the Council must have regard to any guidance given from time to time by the Secretary of State.
- (6) The Secretary of State may by order—
- (a) amend subsection (2)(a) by substituting a different age for the age for the time being referred to;
- (b) amend subsection (4)(a) by substituting a different age for either of the ages for the time being referred to.
- (7) For the purposes of this section, a course is free to a person if no tuition fees in respect of the provision of the course for the person are payable by a person other than—
Level 3 is the level of attainment (in terms of breadth and depth) which, in the opinion of the Secretary of State, is demonstrated by the General Certificate of Education at the advanced level in two subjects.
### Advice and information
##### 8
In forming an opinion for the purposes of this Schedule, the Secretary of State may have regard, in particular, to advice or information relating to qualifications which is provided by—
- (a) the Council, or
- (b) a body specified by order by the Secretary of State for the purposes of this section.
- (8) In subsection (7), “*tuition fees*”, in relation to a course, means—
- (a) the fees charged in respect of the course by the person providing it, and
- (b) such fees in respect of other matters relating to the course (such as undergoing a preliminary assessment or sitting an examination) as may be specified in regulations made by the Secretary of State.
##### 4C
- (1) The Secretary of State may by regulations make provision as to circumstances in which—
- (a) despite having a specified qualification, a person is to be treated for the purposes of section 4A or 4B as not having that qualification;
- (b) despite not having a specified qualification, a person is to be treated for any of those purposes as having that qualification.
- (2) A condition specified in regulations under section 4A or 4B may, in particular, relate to—
- (a) the possession, or lack, of a specified qualification;
- (b) the completion of, or failure to complete, a course for a specified qualification.
- (3) A reference in subsection (1) or (2) to a specified qualification is to a qualification specified, or of a description specified, in the regulations.
- (4) Regulations under this section, or under section 4A or 4B, may confer a function (which may relate to the administration of an assessment and may include the exercise of a discretion) on a person specified, or of a description specified, in the regulations.
- (5) Part 2 of Schedule 1A makes further provision for the purposes of sections 4A and 4B.
## SCHEDULE 1A
## Part 1
### Qualifications to which this Schedule applies
##### 1
This paragraph applies to the following qualifications—
- (a) a specified qualification in level 1 literacy,
- (b) a specified qualification in entry level 3 numeracy,
- (c) a specified vocational qualification at level 2.
##### 2
This paragraph applies to a specified qualification at level 3.
## Part 2
### Power to specify
##### 3
- (1) In paragraphs 1 and 2, a reference to a specified qualification is to an external qualification which is specified, or which is of a description specified, in regulations made by the Secretary of State.
- (2) The regulations may specify qualifications, or descriptions of qualifications, by reference to an assessment made by the Council of the level of attainment demonstrated by a qualification; and for that purpose the regulations may confer a function (which may include the exercise of a discretion) on the Council.
- (3) The regulations may make provision which applies subject to exceptions specified in the regulations.
- (4) In sub-paragraph (1), “*external qualification*” has the meaning given in section 24 of the Education Act 1997.
### Level 1 literacy
##### 4
Level 1 literacy is the level of attainment in literacy which, in the opinion of the Secretary of State, is the minimum required in that respect by persons aged 19 and over in order to be able to operate effectively in day-to-day life.
### Entry level 3 numeracy
##### 5
Entry level 3 numeracy is the level of attainment in numeracy which, in the opinion of the Secretary of State, is the minimum required in that respect by persons aged 19 and over in order to be able to operate effectively in day-to-day life.
### Level 2
##### 6
Level 2 is the level of attainment (in terms of breadth and depth) which, in the opinion of the Secretary of State, is demonstrated by the General Certificate of Secondary Education in five subjects, each at Grade C or above.
### Level 3
##### 7
Level 3 is the level of attainment (in terms of breadth and depth) which, in the opinion of the Secretary of State, is demonstrated by the General Certificate of Education at the advanced level in two subjects.
### Advice and information
##### 8
In forming an opinion for the purposes of this Schedule, the Secretary of State may have regard, in particular, to advice or information relating to qualifications which is provided by—
- (a) the Council, or
- (b) the Qualifications and Curriculum Authority.
### Power to amend
2009-09-01
Learning and Skills Act 2000
2009-08-01
Learning and Skills Act 2000
2009-06-19
Learning and Skills Act 2000
2009-02-28
Learning and Skills Act 2000
2009-01-26
Learning and Skills Act 2000
2008-11-26
Learning and Skills Act 2000
2008-09-01
Learning and Skills Act 2000
2008-04-01
Learning and Skills Act 2000
2008-02-21
Learning and Skills Act 2000
2008-01-31
Learning and Skills Act 2000
2008-01-02
Learning and Skills Act 2000
2007-12-23
Learning and Skills Act 2000
2007-10-23
Learning and Skills Act 2000
2007-05-25
Learning and Skills Act 2000
2007-05-03
Learning and Skills Act 2000
2007-04-01
Learning and Skills Act 2000
2007-03-01
Learning and Skills Act 2000
2006-11-06
Learning and Skills Act 2000
2006-09-01
Learning and Skills Act 2000
2006-04-01
Learning and Skills Act 2000
2006-02-13
Learning and Skills Act 2000
2005-11-01
Learning and Skills Act 2000
2005-10-01
Learning and Skills Act 2000
2005-09-01
Learning and Skills Act 2000
2005-04-01
Learning and Skills Act 2000
2005-03-01
Learning and Skills Act 2000
2004-08-01
Learning and Skills Act 2000
2003-12-04
Learning and Skills Act 2000
2003-12-01
Learning and Skills Act 2000
2003-11-19
Learning and Skills Act 2000
2003-08-01
Learning and Skills Act 2000
2003-06-01
Learning and Skills Act 2000
2003-04-01
Learning and Skills Act 2000
2003-01-20
Learning and Skills Act 2000
2002-12-19
Learning and Skills Act 2000
2002-10-10
Learning and Skills Act 2000
2002-10-01
Learning and Skills Act 2000
2002-07-26
Learning and Skills Act 2000
2000-07-28
Learning and Skills Act 2000
original version
Text at this date