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Apprenticeships, Skills, Children and Learning Act 2009

Type Public General Act

Publication 2009-11-12

Last updated 2026-04-01

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(76A) (1) The Secretary of State may make arrangements with any other person for the holding and supply of information in connection with, or for the purposes of, the provision of services in pursuance of section 68 or 70(1)(b). (2) In this section “relevant information”, in relation to a person by whom services are provided under section 68 or 70(1)(b), means information which— (a) is obtained by a person involved in the provision of those services in, or in connection with, the provision of those services, (b) relates to a person for whom those services are provided; but does not include information provided under section 72 of the Welfare Reform and Pensions Act 1999. (3) Relevant information may be supplied to— (a) the Secretary of State, or (b) a person providing services to the Secretary of State under this section. (4) Information supplied under subsection (3) may be supplied to any person involved in the provision of services in pursuance of section 68 or 70(1)(b) for the purposes of the provision of those services. (5) Except as provided by subsection (4), information supplied in reliance on subsection (3) must not be disclosed in such a way that the identity of the individual is disclosed to, or capable of being discovered by, the person to whom it is disclosed. (6) Nothing in this section authorises the disclosure of any information in contravention of any provision of, or made under, this or any other Act (whenever passed or made) which prevents disclosure of the information.

Further education corporations

Further education corporations in England: co-operation and promotion of well-being

256

(1) The Further and Higher Education Act 1992 (c. 13) is amended as follows.

(2) In section 19 (supplementary powers of a further education corporation), after subsection (8) add—

(9) A further education corporation may provide advice or assistance to any other person where it appears to the corporation to be appropriate for them to do so for the purpose of or in connection with the provision of education by the other person.

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

Student loans

Student loans under the 1998 Act: IVAs

257

(1) The Teaching and Higher Education Act 1998 (c. 30) is amended as set out in subsections (2) and (3).

(2) In section 22(3) (new arrangements for giving financial support to students), after paragraph (f) insert—

(g) with respect to sums which a borrower receives, or is entitled to receive, under such a loan before or after a voluntary arrangement under Part 8 of the Insolvency Act 1986 or Part 8 of the Insolvency (Northern Ireland) Order 1989 (individual voluntary arrangements) takes effect in respect of the borrower; (h) excluding or modifying the application of Part 8 of that Act, or Part 8 of that Order, in relation to liability to make repayments in respect of such a loan (whether the repayments relate to sums which the borrower receives, or is entitled to receive, before or after a voluntary arrangement takes effect in respect of the borrower).

(3) In section 46(8) (provisions extending to Northern Ireland), in the entry relating to section 22, for “(3)(e) or (f)” substitute “ (3)(e), (f), (g) or (h) ”.

(4) Nothing in this section affects a voluntary arrangement that takes effect before this section comes into force.

Student loans under the 1990 Act: IVAs and bankruptcy

258

(1) Subsections (2) to (5) have effect in relation to the Education (Student Loans) Act 1990 (c. 6) to the extent that that Act continues in force by virtue of any savings made, in connection with its repeal by the Teaching and Higher Education Act 1998 (c. 30), by an order under section 46(4) of that Act.

(2) In Schedule 2 (loans for students), in paragraph 5(1) for “or 310” substitute “ , 310 or 310A ”.

(3) In Schedule 2, after paragraph 5 insert—

(5A) (1) This paragraph applies to a sum by way of public sector student loan or subsidised private sector student loan that a person (“the debtor”) receives or is entitled to receive before or after a voluntary arrangement under Part 8 of the Insolvency Act 1986 takes effect in respect of the debtor. (2) The sum is to be ignored for the purposes of the voluntary arrangement. (5B) (1) Part 8 of the Insolvency Act 1986 (individual voluntary arrangements) has effect in relation to a student loan debt with the following modifications. (2) A student loan debt is to be treated as not included among the debtor's debts. (3) A person to whom a student loan debt is owed is to be treated as not being one of the debtor's creditors. (4) A “student loan debt” is a debt or liability to which a debtor is or may become subject in respect of a public sector student loan or subsidised private sector student loan.

(4) In Schedule 2, after paragraph 6 insert—

(7) (1) There shall not be treated as part of a bankrupt's estate or claimed for his estate under article 280 or 283 of the Insolvency (Northern Ireland) Order 1989 any sums to which this paragraph applies that the bankrupt receives or is entitled to receive after the commencement of the bankruptcy. (2) No debt or liability to which a bankrupt is or may become subject in respect of a sum to which this paragraph applies shall be included in the bankrupt's bankruptcy debts. (3) This paragraph applies to a sum by way of public sector student loan or subsidised private sector student loan payable to the bankrupt pursuant to an agreement entered into by the bankrupt before or after the commencement of the bankruptcy. (8) (1) This paragraph applies to a sum by way of public sector student loan or subsidised private sector student loan that a person (“the debtor”) receives or is entitled to receive before or after a voluntary arrangement under Part 8 of the Insolvency (Northern Ireland) Order 1989 takes effect in respect of the debtor. (2) The sum is to be ignored for the purposes of the voluntary arrangement. (9) (1) Part 8 of the Insolvency (Northern Ireland) Order 1989 (individual voluntary arrangements) has effect in relation to a student loan debt with the following modifications. (2) A student loan debt is to be treated as not included among the debtor's debts. (3) A person to whom a student loan debt is owed is to be treated as not being one of the debtor's creditors. (4) A “student loan debt” is a debt or liability to which a debtor is or may become subject in respect of a public sector student loan or subsidised private sector student loan.

(5) In section 4, for subsection (4) (extent) substitute—

(4) This Act does not extend to Northern Ireland, with the following exceptions— (a) section 1, so far as necessary for the purpose of defining “public sector student loan” and “subsidised private sector student loan”; (b) section 2; (c) as respects institutions in Northern Ireland, the power to make regulations under paragraph 2 of Schedule 2; (d) paragraphs 7 to 9 of Schedule 2.

(6) Nothing in this section affects a voluntary arrangement that takes effect, or a bankruptcy that commences, before this section comes into force.

Foundation degrees: Wales

Power to award foundation degrees: Wales

259

(1) In section 76(1)(b) of the Further and Higher Education Act 1992 (c. 13) (power of Privy Council to specify further education institutions in England that may award foundation degrees) omit “in England”.

(2) Within the period of four years beginning with the commencement of subsection (1) of this section, the Welsh Ministers must lay before the National Assembly for Wales a report about its effect.

Complaints: Wales

260

(1) Section 29 of the Education Act 2002 (c. 32) (additional functions of governing body) is amended as follows.

(2) In subsection (1) after “maintained school” insert “ in England ”.

(3) In subsection (2) for the words from “(in relation to England)” to the end substitute “ by the Secretary of State ”.

(4) After subsection (2) insert—

(2A) The Welsh Ministers may make regulations establishing procedures in relation to relevant complaints. (2B) For the purposes of subsection (2A), a “relevant complaint” is a complaint which relates to a maintained school in Wales, or to the provision of facilities or services under section 27 by the governing body of such a school, other than a complaint which falls to be dealt with in accordance with any procedures required to be established in relation to the school by virtue of a statutory provision other than this section. (2C) Where the Welsh Ministers establish procedures by regulations under subsection (2A), the governing body of a maintained school in Wales shall— (a) adopt the procedures, and (b) publicise them in the way specified in the regulations. (2D) In adopting or publicising procedures established by virtue of subsection (2A), the governing body shall have regard to any guidance given from time to time by the Welsh Ministers.

Local Government Act 1974

Local Government Act 1974: minor amendment

261

In paragraph 5(2) of Schedule 5 to the Local Government Act 1974 (c. 7) (exclusion of matters relating to teaching etc. in any school maintained by local authority), after “authority” insert “ , except so far as relating to special educational needs (within the meaning given by section 312 of the Education Act 1996) ”.

Part 13 — General

Orders and regulations

262

(1) A power to make an order or regulations under Chapter 1 of Part 1, or Part 3 or 4 , or section 253A —

(a) so far as exercisable by the Secretary of State, the Welsh Ministers or the Scottish Ministers, is exercisable by statutory instrument;

(b) so far as exercisable by the Department for Employment and Learning in Northern Ireland, is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).

(2) Any other power of the Secretary of State to make an order or regulations under this Act is exercisable by statutory instrument.

(3) A power of the Secretary of State or the Welsh Ministers to make an order or regulations under this Act (except a power conferred by section 17, 22 or 269) includes power—

(a) to make different provision for different purposes (including different areas);

(b) to make provision generally or in relation to specific cases;

(3A) An order under section 83A(12) may amend, repeal or revoke any provision of, or in an instrument made under, this or any other Act.

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

(5) Subject to subsections (6) to (8), a statutory instrument containing an order or regulations made by the Secretary of State under any provision of this Act (other than an order under section 269) is subject to annulment in pursuance of a resolution of either House of Parliament.

(6) A statutory instrument which contains (whether alone or with other provision) any of the following may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament—

(za) the first regulations under section A9;

(zb) the first regulations under section A10;

(aa) regulations under section 1(5);

(aza) regulations under section 40AA;

(azb) regulations under section 40AB;

(aaa) regulations under section 40B;

(aab) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ab) an order under section 83A(12);

(b) an order under section 88 or paragraph 9 of Schedule 5;

(d) an order under section 130(5);

(e) an order under section 141(1);

(ea) an order under section 151B(2);

(f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g) an order under section 252(5);

(h) an order under section 265 which amends or repeals any provision of an Act.

(7) Subsections (5) and (6) do not apply to a statutory instrument which contains only—

(a) an order revoking an order under section 141(1), or

(b) an order amending an order under section 141(1) for the purpose only of removing a qualification or description of qualification from the application of the order.

(8) A statutory instrument within subsection (7) must be laid before Parliament.

(9) Subject to subsection (10), a statutory instrument containing an order or regulations made by the Welsh Ministers under Chapter 1 of Part 1 (other than an order under section 10) or under section 68 , 107 or 253A is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

(10) A statutory instrument which contains (whether alone or with other provision) regulations under section 2(5) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.

(11) A statutory instrument containing an order made by the Scottish Ministers under section 68 or 107 is subject to annulment in pursuance of a resolution of the Scottish Parliament.

(12) A statutory rule containing an order made by the Department for Employment and Learning in Northern Ireland under section 68 or 107 is to be subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.)) as if it were a statutory instrument within the meaning of that Act.

(13) If a draft of an instrument containing an order under paragraph 9 of Schedule 5 would, apart from this subsection, be treated for the purposes of the Standing Orders of either House of Parliament as a hybrid instrument, it is to proceed in that House as if it were not a hybrid instrument.

Directions

263

A direction given under this Act—

(a) may be amended or revoked by the person or body by whom it is given;

(b) may make different provision for different purposes.

General interpretation of Act

264

(1) In this Act, unless the context otherwise requires—

“prescribed” means prescribed by regulations;

“regulations” means regulations made by the Secretary of State.

(2) Subject to subsections (4) and (5), the Education Act 1996 (c. 56) and the provisions of this Act specified in subsection (3) are to be construed as if those provisions were contained in that Act.

(3) The provisions are—

(a) Parts 3, 4 and 5;

(b) Parts 7 and 8;

(d) sections 248, 251 and 252.

(4) Section 562 of the Education Act 1996 (Act not to apply to certain persons detained under order of a court) does not apply to functions of the Secretary of State under Part 4.

(5) If—

(a) an expression is given a meaning for the purposes of a provision within subsection (3) (its “local meaning”), and

(b) that meaning is different from the meaning given to it for the purposes of the Education Act 1996 (its “1996 Act meaning”),

the expression's local meaning applies instead of its 1996 Act meaning.

(6) Unless the context otherwise requires, a reference in this Act to—

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

(b) a community or foundation special school,

is to such a school within the meaning of the School Standards and Framework Act 1998 (c. 31).

Power to make consequential and transitional provision etc.

265

(1) The Secretary of State may by order make—

(a) such supplementary, incidental or consequential provision, or

(b) such transitory, transitional or saving provision,

as the Secretary of State thinks appropriate for the general purposes, or any particular purpose, of this Act or in consequence of, or for giving full effect to, any provision made by this Act.

(2) An order under this section may in particular—

(a) provide for any provision of this Act which comes into force before another provision made by or under this or any other Act has come into force to have effect, until that other provision has come into force, with specified modifications;

(b) amend, repeal, revoke or otherwise modify any provision of—

(i) an Act passed before or in the same Session as this Act, or

(ii) an instrument made under an Act before the passing of this Act.

(3) Nothing in this section limits the powers conferred by section 262(3)(c) or 269(8)(b).

(4) The amendments that may be made by virtue of subsection (2)(b) are in addition to those that are made by any other provision of this Act.

Repeals and revocations

266

Schedule 16 contains repeals and revocations (including repeals and revocations of spent provisions).

Financial provisions

267

(1) There are to be paid out of money provided by Parliament—

(a) any expenditure incurred by virtue of this Act by the Secretary of State,

(b) any expenditure incurred by virtue of this Act by the Office of Qualifications and Examinations Regulation, and

(c) any increase attributable to this Act in the sums payable by virtue of any other Act out of money provided by Parliament.

(2) Any sums received by the Secretary of State by virtue of Chapter A1 of Part 1, section 78(3)(c), paragraph 18(3)(d) of Schedule 3 or paragraph 6(3)(d) of Schedule 4 are to be paid into the Consolidated Fund.

Extent

268

(1) This Act extends to England and Wales only, subject to subsections (2) to (4).

(2) Section 40, Part 1A, sections 68, 69, 107, 108 and this Part also extend to Scotland.

(3) Part 1A, sections 68, 70, 107, 109, Part 7, sections 257 and 258 and this Part also extend to Northern Ireland.

(4) An amendment, repeal or revocation made by this Act has the same extent as the provision to which it relates.

Commencement

269

(1) This Part (except section 266) comes into force on the day on which this Act is passed.

(2) The following provisions of this Act come into force at the end of two months beginning with the day on which this Act is passed—

(a) section 58 (and the associated entries in Schedule 16);

(b) sections 198 to 201.

(3) The following provisions of this Act come into force on such day as the Welsh Ministers may by order appoint—

(a) sections 2 and 7 to 10;

(b) sections 11 and 12, so far as relating to Wales;

(d) sections 28 to 31;

(e) section 39, so far as relating to Wales;

(f) sections 48 to 52, so far as relating to Wales;

(g) paragraphs 54 to 56 of Schedule 6, so far as relating to Wales;

(h) paragraphs 11, 13 and 27 of Schedule 12, so far as relating to Wales (and the associated entries in Schedule 16);

(i) paragraphs 14 to 19 and 29 of Schedule 12 (and the associated entries in Schedule 16);

(j) sections 174 and 192 so far as they relate to the paragraphs of Schedule 12 mentioned in paragraphs (h) and (i);

(k) section 205 and Schedule 14;

(l) section 259 (and the associated entry in Schedule 16);

(m) section 260;

(n) section 266, so far as it relates to the entries in Schedule 16 mentioned in paragraphs (h), (i) and (l).

(4) The other provisions of this Act come into force on such day as the Secretary of State may by order appoint.

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

(6) Before making an order under subsection (4) bringing into force any provision of Part 7 which confers functions on the Office of Qualifications and Examinations Regulation in relation to Northern Ireland, the Secretary of State must consult the Department for Employment and Learning in Northern Ireland.

(7) The powers conferred by this section are exercisable by statutory instrument.

(8) An order under this section may—

(a) appoint different days for different purposes (including different areas);

(b) contain transitional, transitory or saving provision in connection with the coming into force of this Act.

Short title

270

(1) This Act may be cited as the Apprenticeships, Skills, Children and Learning Act 2009.

(2) This Act is to be included in the list of Education Acts set out in section 578 of the Education Act 1996 (c. 56).

Schedule 1

Employment Rights Act 1996 (c. 18)

1

The Employment Rights Act 1996 is amended as follows.

2

In section 48 (right to present complaint of detriment to employment tribunal), in subsection (1) for “or 47E” substitute “ , 47E or 47F ”.

3

In section 105 (unfair dismissal: redundancy), after subsection (7BA) insert—

(7BB) This subsection applies if the reason (or, if more than one, the principal reason) for which the employee was selected for dismissal was one of those specified in section 104E.

4

In section 108(3) (exceptions to one year qualifying period of continuous employment for claims for unfair dismissal), after paragraph (gj) insert—

(gk) section 104E applies,

5

In section 194 (House of Lords staff), in subsection (2)(e) before “VII” insert “ 6A, ”.

6

In section 195 (House of Commons staff), in subsection (2)(e) before “VII” insert “ 6A, ”.

7

In section 199 (mariners)—

(a) in subsection (2), after “47E,” insert “ 47F, ”;

(b) in that subsection, before “VII” insert “ 6A, ”;

8

In section 225 (how to calculate a week's pay in relation to rights during employment) after subsection (4A) insert—

(4B) Where the calculation is for the purposes of section 63J, the calculation date is the day on which the section 63D application was made.

9

In section 227(1) (maximum amount of week's pay) before paragraph (za) insert—

(zza) an award of compensation under section 63J(1)(b),

10

In section 235(1) (other definitions) at the appropriate place insert—

“section 63D application” has the meaning given by section 63D(2);

11

In section 236(3) (orders and regulations subject to affirmative Parliamentary procedure), after “47C,” insert “ 63D, 63F(7), ”.

Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52)

12

The Trade Union and Labour Relations (Consolidation) Act 1992 is amended as follows.

13

In section 212A (arbitration scheme for unfair dismissal cases etc.), in subsection (1)—

(a) before paragraph (za) insert—

(zza) section 63F(4), (5) or (6) or 63I(1)(b) of the Employment Rights Act 1996 (study and training);

;

(b) in paragraph (za) for “the Employment Rights Act 1996” substitute “ that Act ”.

14

In section 237(1A)(a) (cases where employee may complain of unfair dismissal despite participation in unofficial industrial action)—

(a) for “or 104D” substitute “ , 104D or 104E ”;

(b) for “and pension scheme membership” substitute “ , pension scheme membership, and study and training ”.

15

In section 238(2A)(a) (cases where employment tribunal to determine whether dismissal of an employee is unfair despite limitation in subsection (2) of that section)—

(a) for “or 104D” substitute “ , 104D or 104E ”;

(b) for “and pension scheme membership” substitute “ , pension scheme membership, and study and training ”.

Employment Tribunals Act 1996 (c. 17)

16

In section 18 of the Employment Tribunals Act 1996 (conciliation), in subsection (1)(d) after “28,” insert “ 63F(4), (5) or (6), 63I(1)(b), ”.

Schedule 2

Education Act 1996 (c. 56)

1

The Education Act 1996 is amended as follows.

2

(1) Section 13 (general responsibility for education) is amended as follows.

(2) In subsection (1) after “secondary education” insert “ and, in the case of a local authority in England, further education, ”.

(3) After subsection (2) insert—

(3) The reference in subsection (1) to further education is to further education for persons— (none) (a) who are over compulsory school age but under 19, or (b) who are aged 19 or over but under 25 and are subject to learning difficulty assessment. (4) For the purposes of this Act a person is subject to learning difficulty assessment if— (a) a learning difficulty assessment has been conducted in respect of the person, or (b) arrangements for a learning difficulty assessment to be conducted in respect of the person have been made or are required to be made. (5) In subsection (4), a “learning difficulty assessment” means an assessment under section 139A or 140 of the Learning and Skills Act 2000 (assessments relating to learning difficulties). (6) For the purposes of subsection (1), persons who are subject to a detention order are to be regarded as part of the population of the area in which they are detained (and not any other area).

3

For section 13A substitute—

(13A) (1) A local authority in England must ensure that their relevant education functions and their relevant training functions are (so far as they are capable of being so exercised) exercised by the authority with a view to— (a) promoting high standards, (b) ensuring fair access to opportunity for education and training, and (c) promoting the fulfilment of learning potential by every person to whom this subsection applies. (2) Subsection (1) applies to the following— (a) persons under the age of 20; (b) persons aged 20 or over but under 25 who are subject to learning difficulty assessment. (3) A local authority in Wales must ensure that their relevant education functions and their relevant training functions are (so far as they are capable of being so exercised) exercised by the authority with a view to— (a) promoting high standards, and (b) promoting the fulfilment of learning potential by every person to whom this subsection applies. (4) Subsection (3) applies to persons under the age of 20. (5) In this section— - “education” and “training” have the same meanings as in section 15ZA; - “relevant education function”, in relation to a local authority in England, means a function relating to the provision of education for— 1. persons of compulsory school age (whether at school or otherwise); 2. persons (whether at school or otherwise) who are over compulsory school age and to whom subsection (1) applies; 3. persons who are under compulsory school age and are registered as pupils at schools maintained by the authority; - “relevant education function”, in relation to a local authority in Wales, means a function relating to the provision of education for— 1. persons of compulsory school age (whether at school or otherwise); 2. persons (whether at school or otherwise) who are over compulsory school age but under the age of 20; 3. persons who are under compulsory school age and are registered as pupils at schools maintained by the authority; - “relevant training function” means a function relating to the provision of training.

4

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

(2) In subsection (1) after “local authority” insert “ in Wales ”.

(3) After subsection (1) insert—

(1ZA) A local authority in England may secure the provision for their area of full-time or part-time education suitable to the requirements of persons from other areas who are over compulsory school age but have not attained the age of 19.

(4) In subsection (1A) for “subsection (1)” substitute “ subsections (1) and (1ZA) ”.

(5) In subsection (3) for “section 13(5) and (6) of the Learning and Skills Act 2000” substitute “ section 15ZA(6) and (7) ”.

(6) In the title for “Functions in respect of full-time education” substitute “ Powers in respect of education and training ”.

5

In section 15B (functions in respect of education for persons over 19) in subsection (3) for “section 13(5) and (6) of the Learning and Skills Act 2000” substitute “ section 15ZA(6) and (7) ”.

6

(1) Section 312 (meaning of “special educational needs”, “learning difficulty” etc) is amended as follows.

(2) In subsection (2) for the words from “subsection (3)” to “section 507B)” substitute “ subsections (3) and (3A) ”.

(3) After subsection (3) insert—

(3A) Subsection (2) does not apply— (a) for the purposes of sections 15ZA, 15A, 15B and 507B, or (b) for the purposes of sections 18A and 562H (except for the purpose of determining, for the purposes of those sections, whether a child has special educational needs).

7

In section 496 (power of Secretary of State to prevent unreasonable exercise of functions) after subsection (4) (as inserted by section 221(1) of this Act) insert—

(5) This section is subject to sections 508I and 509AE (complaints about transport arrangements etc).

8

In section 497 (general default powers of Secretary of State) after subsection (5) (as inserted by section 221(2) of this Act) insert—

(6) This section is subject to sections 508I and 509AE (complaints about transport arrangements etc).

9

In section 497A (power of Secretary of State to secure proper performance of LEA's functions) at the end insert—

(8) This section is subject to sections 508I and 509AE (complaints about transport arrangements etc).

10

(1) In the title of section 509AA, for “Provision” substitute “ Local authorities in England: provision ”.

(2) For the title of section 509AB substitute “ Local authorities in England: further provision about transport policy statements for persons of sixth form age ”.

(3) In the title of section 509A, for “Travel” substitute “ Local authorities in England: travel ”.

11

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

12

In section 579(1) (general interpretation)—

(a) in the definition of “prescribed”, after “ “prescribed”” insert “ (except in Chapter 5A) ”;

(b) in the definition of “regulations”, after “ “regulations”” insert “ (except in Chapter 5A) ”.

13

In section 580 (index) insert the following entries at the appropriate places—

relevant young adult (in sections 508F, 508G and 508I)	section 508F(9)”;
“relevant youth accommodation	section 562(1A)”;
“subject to a detention order	section 562(1A)”;
“subject to learning difficulty assessment	section 13(4)

Education Act 2002 (c. 32)

14

In section 207(2) of the Education Act 2002 (recoupment: adjustment between local authorities), for “primary education and secondary education)” substitute

— (a) primary education; (b) secondary education; (c) education provided under section 562C of the Education Act 1996 (detention of persons with special educational needs: appropriate special educational provision).

Schedule 3

Status

1

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

Membership

2

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

Tenure

3

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

Remuneration etc. of members

4

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

Staff

5

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

6

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

Committees

7

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

8

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

Procedure etc.

9

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

10

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

Delegation

11

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

12

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

Plans

13

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

Reports

14

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

Accounts

15

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

Documents

16

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

17

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

Funding

18

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

Supplementary powers

19

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

Parliamentary Commissioner Act 1967 (c. 13)

20

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

House of Commons Disqualification Act 1975 (c. 24)

21

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

Superannuation Act 1972 (c. 11)

22

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

Schedule 4

Status

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

Tenure of office and terms of appointment

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

Staff

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

Delegation

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

Arrangements with Secretary of State

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

Funding

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

Reports

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

Accounts

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

Supplementary powers

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

Directions about management

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

Financial year

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

Schedule 5

Part 1 — Qualifications to which Schedule applies

1

This paragraph applies to the following qualifications—

(a) a specified qualification in literacy;

(b) a specified qualification in numeracy;

(ba) a specified qualification in making use of information technology;

2

This paragraph applies to a specified qualification at level 3.

Part 2 — Power to specify

Power to specify

3

(1) In paragraphs 1 and 2, a reference to a specified qualification is to a regulated qualification which is specified, or which is of a description specified, in regulations.

(2) The regulations may specify qualifications, or descriptions of qualifications, by reference to an assessment made by the Secretary of State of the level of attainment demonstrated by a qualification; and for that purpose the regulations may confer functions (which may include the exercise of a discretion) on the Secretary of State .

(3) The regulations may make provision which applies subject to exceptions specified in the regulations.

(4) In sub-paragraph (1) “regulated qualification” has the meaning given by section 130.

Power to specify qualification in literacy

4

The level of attainment in literacy demonstrated by a specified qualification in literacy must be the level which, in the opinion of the Secretary of State, is the minimum required in that respect by persons aged 19 or over in order to be able to operate effectively in day-to-day life.

Power to specify qualification in numeracy

5

The level of attainment in numeracy demonstrated by a specified qualification in numeracy must be the level which, in the opinion of the Secretary of State, is the minimum required in that respect by persons aged 19 or 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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) ... or

Power to amend

9

(1) The Secretary of State may by order amend this Schedule so as to—

(a) add a category of qualification to Part 1;

(b) remove a category of qualification for the time being referred to in Part 1;

(d) make consequential amendments.

(2) The power conferred by sub-paragraph (1)(b) includes power to remove every category of qualification to which a paragraph of Part 1 for the time being applies.

Schedule 6

Race Relations Act 1976 (c. 74)

1

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

Further and Higher Education Act 1992 (c. 13)

2

The Further and Higher Education Act 1992 is amended as follows.

3

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

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

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

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

4

In section 29(7A) (government and conduct of designated institutions)—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) in paragraph (b), for “that Act” substitute “ the Learning and Skills Act 2000 ”.

5

In section 31(2A) (designated institutions conducted by companies)—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

6

In section 54(1) (duty to give information)—

(a) for “the Learning and Skills Council for England” substitute “ the Chief Executive of Skills Funding ”;

(b) for “the council”, in both places where it occurs, substitute “ the Chief Executive ”.

7

(1) Section 56A (intervention: England) is amended as follows.

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

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

(4) In subsection (5)—

(a) for the words from “If the” to “same time” substitute “ At the same time as doing one or more of those things the Chief Executive must ”;

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

(5) In subsection (6)—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) in paragraph (c), for “as it thinks” substitute “ as the Chief Executive thinks ”.

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

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

8

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

9

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

10

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

11

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

12

In Schedule 4 (instruments and articles of government for further education corporations) in paragraph 1A—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) in paragraph (b), for “that Act” substitute “ the Learning and Skills Act 2000 ”.

Education Act 1996 (c. 56)

13

In section 13(2)(a) (general responsibility for education) for “Learning and Skills Council for England” substitute “ Chief Executive of Skills Funding ”.

Learning and Skills Act 2000 (c. 21)

14

The Learning and Skills Act 2000 is amended as follows.

15

Omit section 1 (the Learning and Skills Council for England).

16

Omit section 2 (duties of Learning and Skills Council: education and training for persons aged 16 to 19).

17

Omit section 3 (duties of Learning and Skills Council: education and training for persons over 19).

18

Omit section 4 (encouragement of education and training).

19

Omit sections 4A to 4C (learning aims for persons aged 19 and over).

20

Omit section 5 (provision of financial resources).

21

Omit section 6 (financial resources: conditions).

22

Omit section 7 (funding of school sixth forms).

23

Omit section 8 (links between education and training and employment).

24

Omit section 9 (assessments and means tests).

25

Omit section 10 (qualifying accounts and arrangements).

26

Omit section 11 (further education: governors).

27

Omit section 11A (support schemes relating to education and training for persons aged 10 to 15).

28

Omit section 12 (research and information).

29

Omit section 13 (persons with learning difficulties).

30

Omit section 14 (equality of opportunity).

31

Omit section 14A (consultation).

32

Omit section 15 (plans).

33

Omit section 16 (strategy).

34

Omit section 17 (use of information by Learning and Skills Council).

35

Omit section 18 (supplementary functions).

36

Omit sections 18A to 18C (regional councils).

37

Omit sections 24A to 24C (strategies for functions of the Learning and Skills Council).

38

Omit section 25 (directions).

39

Omit section 26 (committees).

40

Omit section 27 (grants to Learning and Skills Council).

41

Omit section 28 (annual report).

42

Omit section 29 (Council's financial year).

43

Omit section 97 (external qualifications: persons over 19).

44

(1) Section 98 (approved qualifications: England) is amended as follows.

(2) In subsection (1), for “sections 96 and 97 in their application” substitute “ section 96 in its application ”.

(3) Omit subsection (2A).

45

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

46

In section 100 (authorised bodies) for “sections 96 and 97 in their application”, in both places where the words occur, substitute “ section 96 in its application ”.

47

In section 101 (enforcement: England) in subsection (1)—

(a) for “sections 96 and 97 in their application” substitute “ section 96 in its application ”;

(b) after paragraph (a) insert “ or ”;

48

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

49

(1) Section 113A (restructuring of sixth form education) is amended as follows.

(2) Omit subsections (1), (4)(aa), (5), (7), (8) and (9)(f).

(3) In subsection (11)—

(a) in the definition of “regulations” omit paragraph (a) (and the “and” after it);

(b) in the definition of “relevant authority” omit paragraph (a) (and the “and” after it).

50

Omit Schedule 1 (the Learning and Skills Council for England).

51

Omit Schedule 1A (learning aims for persons aged 19 and over).

52

Omit Schedule 3 (committees (England)).

53

(1) Schedule 7A (implementation of proposals for restructuring sixth form education) is amended as follows.

(2) In paragraph 1, omit “approved or” and “approval or”, wherever occurring.

(3) In paragraph 3(4), omit paragraph (a).

(4) Omit paragraphs 5(1), 6(1) and 7(1) and (2).

Education Act 2002 (c. 32)

54

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

55

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

56

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

Education Act 2005 (c. 18)

57

In section 108 of the Education Act 2005 (supply of information: education maintenance allowances), in subsection (3)—

(a) in paragraph (b) for “Learning and Skills Council for England” substitute “ Chief Executive of Skills Funding ”;

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

(c) in paragraph (f) for the words from “the Secretary of State” to the end substitute “ a person within paragraphs (a) to (e) ”.

Education and Inspections Act 2006 (c. 40)

58

The Education and Inspections Act 2006 is amended as follows.

59

Section 75 (education and training to satisfy entitlements) ceases to have effect.

Further Education and Training Act 2007 (c. 25)

60

The Further Education and Training Act 2007 is amended as follows.

61

Sections 11 to 13 (provision by Learning and Skills Council for England of services and assistance in respect of employment and training) cease to have effect.

62

Sections 14 to 16 (transfer of functions of Secretary of State in relation to further education corporations to the Learning and Skills Council for England) cease to have effect.

Schedule 7

Staff transfer schemes

1

The Secretary of State may make a scheme (a “staff transfer scheme”) providing for the transfer of designated employees of the LSC—

(a) to a permitted transferee, or

(b) so as to become employed in the civil service of the state.

2

(1) This paragraph applies where a staff transfer scheme provides for the transfer of an employee of the LSC to a permitted transferee or so as to become employed in the civil service of the state.

(2) The scheme must provide for the TUPE regulations to apply (to the extent that they would not otherwise apply) as if—

(a) any transfer of functions (however effected and described) from the LSC to a permitted transferee or the Crown were a transfer of an undertaking;

(b) the transfer of the undertaking took effect on a designated date;

(d) the employee had for those purposes been assigned to an organised grouping of resources or employees that was subject to the relevant transfer.

3

(1) This paragraph applies where a staff transfer scheme provides for a transfer of an employee of the LSC so as to become employed in the civil service of the state on terms which do not constitute a contract of employment.

(2) The scheme must provide for the TUPE regulations to apply with the necessary modifications.

4

A staff transfer scheme may provide for the transfer of an employee of the LSC to a permitted transferee or so as to become employed in the civil service of the state despite any provisions, of whatever nature, which would otherwise prevent the employee from being so transferred.

Property transfer schemes

5

(1) The Secretary of State may make a scheme (a “property transfer scheme”) providing for the transfer from the LSC of designated property, rights or liabilities of the LSC to—

(a) a permitted transferee,

(b) the Secretary of State, or

(2) A property transfer scheme may—

(a) create rights, or impose liabilities, in relation to property or rights transferred by virtue of the scheme;

(b) provide for anything done by or in relation to the LSC in connection with any property, rights or liabilities transferred by the scheme to be treated as done, or to be continued, by or in relation to the person to whom the property, rights or liabilities in question are transferred;

(d) make provision about the continuation of legal proceedings.

(3) The things that may be transferred by a property transfer scheme include—

(a) property, rights and liabilities that could not otherwise be transferred;

(b) property acquired, and rights and liabilities arising, after the making of the scheme.

Continuity

6

A transfer by virtue of a staff transfer scheme or a property transfer scheme does not affect the validity of anything done by or in relation to the LSC before the transfer takes effect.

Supplementary provision etc.

7

A staff transfer scheme or a property transfer scheme may include supplementary, incidental, transitional and consequential provision.

Interpretation

8

In this Schedule—

“designated”, in relation to a staff transfer scheme or a property transfer scheme, means specified in, or determined in accordance with, the scheme;

“the LSC” means the Learning and Skills Council for England;

“permitted transferee” means—a local authority in England;the Young People's Learning Agency for England;any other person specified in an order made by the Secretary of State;

“the TUPE regulations” means the Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246).

Schedule 8

1

The Further and Higher Education Act 1992 (c. 13) is amended as follows.

2

In section 17(1) (meaning of “further education corporation”) after “by virtue of section” insert “ 33D or ”.

3

After section 33 insert—

(33A) (1) The Secretary of State may by order designate a body corporate within subsection (2) as a sixth form college corporation, for the purpose of conducting an educational institution specified in the order. (2) A body corporate is within this subsection if it is— (a) a further education corporation established in respect of an institution in England, or (b) a body corporate established by an order under section 143(4) of the Learning and Skills Act 2000 in respect of an institution in England. (3) On the date specified in the order— (a) a body corporate within subsection (2)(a) ceases to be a further education corporation and becomes a sixth form college corporation; (b) a body corporate within subsection (2)(b) ceases to be subject to the order under section 143(4) of the Learning and Skills Act 2000 establishing it and becomes a sixth form college corporation; (c) in the case of a body corporate within subsection (2)(b), a designation under section 28 which has effect in relation to the relevant sixth form college ceases to have effect. (4) An order under subsection (1) may— (a) make provision for the continuity of the body corporate, including provision for the continuation of the instrument and articles of government of the body and the relevant sixth form college; (b) make provision as to the initial name of the corporation as a sixth form college corporation. (5) The power conferred by subsection (1)— (a) is exercisable only once; (b) is not exercisable after the date specified in an order made by the Secretary of State. (33B) (1) The Secretary of State may by order designate a body corporate within subsection (2) as a sixth form college corporation, for the purpose of conducting an educational institution specified in the order. (2) A body corporate is within this subsection if it is— (a) a further education corporation established in respect of an institution in England, or (b) a body corporate established by an order under section 143(4) of the Learning and Skills Act 2000 in respect of an institution in England. (3) An order under subsection (1) may be made only if— (a) an application for the order has been made by the governing body of the institution mentioned in subsection (2)(a) or (b), and (b) the institution is one within subsection (4). (4) An institution is within this subsection if it appears to the Secretary of State that on the date on which the application is made at least 80% of its total enrolment number will be persons over compulsory school age but under 19. (5) The total enrolment number of an institution is to be calculated in accordance with paragraph 1(2) of Schedule 3. (6) On the date specified in the order— (a) a body corporate within subsection (2)(a) ceases to be a further education corporation and becomes a sixth form college corporation; (b) a body corporate within subsection (2)(b) ceases to be subject to the order under section 143(4) of the Learning and Skills Act 2000 establishing it and becomes a sixth form college corporation; (c) in the case of a body corporate within subsection (2)(b), a designation under section 28 which has effect in relation to the relevant sixth form college ceases to have effect. (7) An order under subsection (1) may— (a) make provision for the continuity of the body corporate, including provision for the continuation of the instrument and articles of government of the body and the relevant sixth form college; (b) make provision as to the initial name of the corporation as a sixth form college corporation. (8) The power conferred by subsection (1) is exercisable only after the date specified in an order under section 33A(5)(b). (33C) (1) The Secretary of State may by order make provision for the establishment of a body corporate as a sixth form college corporation, for the purpose of establishing and conducting an educational institution specified in the order. (2) An order under subsection (1) may be made only if— (a) a proposal relating to the order has been made by the responsible local authority and it appears to the Secretary of State that the requirements in subsection (3) have been met in relation to the proposal, and (b) it appears to the Secretary of State that the institution will when established be one within subsection (4). (3) The requirements are that— (a) the authority have published the proposal by the prescribed time and in the prescribed manner; (b) the proposal as published contained prescribed information; (c) the authority have considered any representations about the proposal made to them within the prescribed period. (4) An institution is within this subsection if— (a) the institution is in England, and (b) on the date on which it is proposed to be established, at least 80% of its total enrolment number will be persons over compulsory school age but under 19. (5) The total enrolment number of an institution is to be calculated in accordance with paragraph 1(2) of Schedule 3. (6) An order under subsection (1)— (a) must provide for the institution to be established and conducted by the body corporate as from the date specified in the order; (b) may make provision as to the initial name of the corporation as a sixth form college corporation. (33D) (1) The Secretary of State may by order convert a sixth form college corporation into a further education corporation. (2) An order under subsection (1) may be made only if— (a) an application for the order has been made by the governing body of the relevant sixth form college, or (b) the Secretary of State is satisfied that it is no longer appropriate for the body to be a sixth form college corporation. (3) An application under subsection (2)(a) may not be made during the period of two years beginning with the date on which the body's designation or establishment as a sixth form college corporation takes effect. (4) The Secretary of State must consult the governing body of the relevant sixth form college before making an order under subsection (1) in a case within subsection (2)(b). (5) On the date specified in the order, the body ceases to be a sixth form college corporation and becomes a further education corporation. (6) An order under subsection (1) may— (a) make provision for the continuity of the body corporate, including provision for the continuation of the instrument and articles of government of the body and the relevant sixth form college; (b) make provision as to the initial name of the corporation as a further education corporation. (33E) (1) A sixth form college corporation may do any of the following— (a) provide further and higher education, (b) provide secondary education suitable to the requirements of persons who have attained the age of 14, (c) provide education which is secondary education by virtue of section 2(2B) of the Education Act 1996, (d) participate in the provision of secondary education at a school, (e) supply goods or services in connection with their provision of education. (2) The powers conferred by subsection (1) are referred to in section 33F as the corporation's principal powers. (3) A sixth form college corporation may not provide education of a kind specified in subsection (1)(b), (c) or (d) unless they have consulted such local authorities as they consider appropriate. (4) For the purposes of subsection (1), goods are supplied in connection with the provision of education by a sixth form college corporation if they result from— (a) their provision of education or anything done by them under this Act for the purpose of or in connection with their provision of education, (b) the use of their facilities or the expertise of persons employed by them in the fields in which they are so employed, or (c) ideas of a person employed by them, or one of their students, arising out of their provision of education. (5) For the purposes of subsection (1), services are supplied in connection with the provision of education by a sixth form college corporation if— (a) they result from their provision of education or anything done by them under this Act for the purpose of or in connection with their provision of education, (b) they are provided by making available their facilities or the expertise of persons employed by them in the fields in which they are so employed, or (c) they result from ideas of a person employed by them, or of one of their students, arising out of their provision of education. (33F) (1) A sixth form college corporation may do anything (including in particular the things referred to in subsections (2) to (6)) which appears to the corporation to be necessary or expedient for the purpose of or in connection with the exercise of any of their principal powers. (2) A sixth form college corporation may conduct an educational establishment for the purpose of carrying on activities undertaken in the exercise of their powers to provide further or higher education. (3) In particular, a sixth form college corporation may conduct the relevant sixth form college as from the date specified in the order designating or establishing the corporation as a sixth form college corporation. (4) A sixth form college corporation may provide facilities of any description appearing to the corporation to be necessary or desirable for the purposes of or in connection with carrying on any activities undertaken in the exercise of their principal powers. (5) The facilities include— (a) boarding accommodation and recreational facilities for students and staff, and (b) facilities to meet the needs of students with learning difficulties. (6) A sixth form college corporation may— (a) acquire and dispose of land and other property, (b) enter into contracts, including in particular— (i) contracts for the employment of teachers and other staff for the purposes of or in connection with carrying on any activities undertaken in the exercise of their principal powers, and (ii) contracts with respect to the carrying on by the corporation of any such activities, (c) form, participate in forming or invest in a company, (d) form, participate in forming or otherwise become a member of a charitable incorporated organisation (within the meaning of section 69A of the Charities Act 1993), (e) borrow such sums as the corporation think fit for the purposes of— (i) carrying on any activities they have power to carry on, or (ii) meeting any liability transferred to them under sections 23 to 27, (f) in connection with their borrowing, grant any mortgage, charge or other security in respect of any land or other property of the corporation, (g) invest any sums not immediately required for the purpose of carrying on any activities they have power to carry on, (h) accept gifts of money, land or other property and apply it, or hold and administer it on trust for, any of those purposes, (i) do anything incidental to the conduct of an educational institution providing further or higher education, including founding scholarships or exhibitions, making grants and giving prizes. (7) The powers conferred by subsection (6) are subject to section 33G. (8) For the purposes of this section a person has a learning difficulty if— (a) the person has a significantly greater difficulty in learning than the majority of persons of the same age, or (b) the person has a disability which either prevents or hinders the person from making use of facilities of a kind generally provided by institutions within the further education sector for persons of the same age. (9) But a person is not to be taken to have a learning difficulty solely because the language (or form of language) in which the person is or will be taught is different from a language (or form of language) which has at any time been spoken in the person's home. (10) A reference in this section or section 33G to investing in a company includes a reference to becoming a member of the company and to investing in it by the acquisition of any assets, securities or rights or otherwise. (11) A sixth form college corporation may provide advice or assistance to any other person where it appears to the corporation to be appropriate for them to do so for the purpose of or in connection with the provision of education by the other person. (33G) (1) The power conferred by section 33F(6)(c) may not be exercised for the purpose of— (a) conducting an educational institution, or (b) investing in a company conducting an educational institution. (2) The power conferred by section 33F(6)(d) may not be exercised for the purpose of— (a) conducting an educational institution, or (b) becoming a member of a charitable incorporated organisation conducting an educational institution. (3) But a restriction on the exercise of a power imposed by subsection (1) or (2) does not apply to the extent that the responsible local authority consent to the exercise of the power in a way which does not comply with the restriction. (4) Neither the power conferred by section 33F(6)(c) nor the power conferred by section 33F(6)(d) may be exercised for the purposes of the provision of education if the provision is secured (wholly or partly) by financial resources provided by a relevant funding body. (5) But subsection (4) does not apply to the extent that the relevant funding body consents to the exercise of the power in question in a way which does not comply with the restriction in that subsection. (6) The power conferred on a sixth form college corporation by section 33F(6)(e) to borrow money may not be exercised without the consent of the responsible local authority. (7) Consent under subsection (6) may be given for particular borrowing or for borrowing of a particular class. (8) In this section “relevant funding body” means a local authority, the YPLA or the Chief Executive of Skills Funding. (33H) (1) In exercising their functions under sections 33E and 33F, a sixth form college corporation must have regard, amongst other things, to the objective of promoting the economic and social well-being of the local area. (2) In subsection (1)— (a) “the local area”, in relation to a sixth form college corporation, means the locality of the relevant sixth form college, and (b) a reference to the well-being of an area includes a reference to the well-being of people who live or work in that area. (33I) (1) For every sixth form college corporation there is to be— (a) an instrument providing for the constitution of the corporation (to be known as the instrument of government), and (b) an instrument in accordance with which the corporation, and the relevant sixth form college, are to be conducted (to be known as articles of government). (2) Instruments of government and articles of government— (a) must comply with the requirements of Schedule 4, and (b) may make any provision authorised to be made by that Schedule and such other provision as may be necessary or desirable. (3) Subsection (2) is subject to section 33J. (4) The validity of any proceedings of a sixth form college corporation, or of any committee of the corporation, is not affected by— (a) a vacancy among the members, or (b) a defect in the appointment or nomination of a member. (5) Subsection (6) applies to a document purporting to be an instrument made or issued by or on behalf of a sixth form college corporation and to be— (a) duly executed under the seal of the corporation, or (b) signed or executed by a person authorised by the corporation to act in that behalf. (6) The document is to be received in evidence and treated, without further proof, as being made or issued by or on behalf of the corporation unless the contrary is shown. (33J) (1) Despite anything in section 33I, the instrument of government of a sixth form college corporation to which this section applies must provide— (a) for the governing body of the relevant sixth form college to include persons appointed for the purpose of securing so far as practicable that the established character of the sixth form college is preserved and developed and, in particular, that the sixth form college is conducted in accordance with any trust deed relating to it, and (b) for the majority of members of the governing body of the relevant sixth form college to be such governors. (2) This section applies to a sixth form college corporation in respect of which the relevant sixth form college is specified, or falls within a class specified, by the Secretary of State by order. (3) The reference in subsection (1)(a) to the established character of a sixth form college is, in relation to a sixth form college established shortly before or at the same time as the designation or establishment of the sixth form college corporation in respect of which it is the relevant sixth form college, a reference to the character which the sixth form college is intended to have on its establishment. (33K) (1) The first instrument of government and articles of government of a sixth form college corporation established under section 33C are to be made by the YPLA. (2) Before making an instrument or articles for a sixth form college corporation under this section the YPLA must consult the corporation. (33L) (1) The YPLA may— (a) if a sixth form college corporation submits a draft of an instrument of government to have effect in place of their existing instrument, by order make a new instrument of government in terms of the draft or in such terms as it thinks fit, and (b) if a sixth form college corporation submits draft modifications of an instrument made under paragraph (a), by order modify the instrument in terms of the draft or in such terms as it thinks fit. (2) The YPLA may not make a new instrument otherwise than in terms of the draft, or modify the instrument otherwise than in terms of the draft, unless it has consulted the corporation. (3) The YPLA may by order modify, replace or revoke an instrument of government or articles of government of a sixth form college corporation. (4) An order under subsection (3)— (a) may relate to all sixth form college corporations, to a category of sixth form college corporations specified in the order or to a sixth form college corporation specified in the order, but (b) may not be made unless the YPLA has consulted each sixth form college corporation to which the order relates. (5) A sixth form college corporation may, with the consent of the YPLA— (a) make new articles of government in place of their existing articles, or (b) modify their existing articles. (6) The YPLA may by a direction under this section require sixth form college corporations, a class of sixth form college corporations specified in the direction or any particular sixth form college corporation specified in the direction— (a) to modify, replace or revoke their articles of government in any manner specified in the direction, or (b) to secure that any rules or bye-laws made in pursuance of their articles of government are modified, replaced or revoked in any manner specified in the direction. (7) Before giving a direction under this section the YPLA must consult the sixth form college corporation or (as the case may be) each sixth form college corporation to which the direction applies. (33M) A sixth form college corporation is a charity within the meaning of the Charities Act 1993. (33N) (1) Subject to the following provisions of this section, the Secretary of State may by order provide for— (a) the dissolution of a sixth form college corporation, and (b) the transfer to a person mentioned in subsection (4) or (6) of property, rights and liabilities of the corporation. (2) An order under subsection (1) may be made only if a proposal relating to the order has been made by the responsible local authority and it appears to the Secretary of State that the requirements in subsection (3) have been met in relation to the proposal. (3) The requirements are that— (a) the authority have published the proposal by the prescribed time and in the prescribed manner; (b) the proposal as published contained prescribed information; (c) the authority have considered any representations about the proposal made to them within the prescribed period. (4) Property, rights and liabilities may (subject to subsection (5)) be transferred to— (a) a person appearing to the Secretary of State to be wholly or mainly engaged in the provision of educational facilities or services of any description, or (b) a body corporate established for purposes which include the provision of such facilities or services. (5) Property, rights and liabilities may be transferred to a person or body under subsection (4) only with the consent of the person or body. (6) Property, rights and liabilities may be transferred to the responsible local authority. (7) Where the recipient of a transfer under an order under this section is not a charity established for charitable purposes which are exclusively educational purposes, any property transferred must be transferred on trust to be used for charitable purposes which are exclusively educational purposes. (8) An order under this section may make provision about the transfer of staff (including provision applying section 26 with such modifications as the Secretary of State may consider necessary or desirable). (9) Before making an order under this section in respect of a sixth form college corporation the Secretary of State must consult— (a) the corporation, and (b) the YPLA. (10) In this section “charity” and “charitable purposes” have the same meanings as in the Charities Act 1993.

4

In section 34(1) (making additional property available for use) after “institution within the further education sector” insert “ other than a sixth form college ”.

5

In section 52A(1) (duty to safeguard pupils receiving secondary education) after “by virtue of section 18(1)(aa) or (ab) of this Act,” insert—

(aa) by a sixth form college corporation by virtue of section 33E(1)(b) or (c) of this Act,

6

In section 56A(1) (intervention: England) after “institution in England within the further education sector” insert “ other than a sixth form college ”.

7

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

8

After section 56D (inserted by Schedule 6) insert—

(56E) (1) This section applies in relation to a sixth form college if the responsible local authority are satisfied as to one or more the matters listed in subsection (2) in relation to the sixth form college; and it is immaterial whether or not a complaint is made by any person. (2) The matters are— (a) that the sixth form college's affairs have been or are being mismanaged by its governing body; (b) that the sixth form college's governing body have failed to discharge any duty imposed on them by or for the purposes of any Act; (c) that the sixth form college's governing body have acted or are proposing to act unreasonably with respect to the exercise of any power conferred or the performance of any duty imposed by or under any Act; (d) that the sixth form college is performing significantly less well than it might in all the circumstances reasonably be expected to perform, or is failing or likely to fail to give an accepted standard of education or training. (3) If this section applies the authority may do one or more of the things listed in subsection (6). (4) Before doing one or more of those things, the authority must give the Secretary of State and the YPLA a notice stating— (a) the matter or matters listed in subsection (2) as to which the authority are satisfied; (b) the reasons why the authority are so satisfied; (c) the thing or things that the authority propose to do; (d) the reasons why the authority propose to do that thing or those things. (5) If the authority do one or more of those things, the authority must at the same time give the sixth form college's governing body a notice stating— (a) the matter or matters listed in subsection (2) as to which the authority are satisfied; (b) the reasons why the authority have decided to do that thing or those things. (6) The authority may— (a) remove all or any of the members of the sixth form college's governing body; (b) appoint new members of that body if there are vacancies (however arising); (c) give to that body such directions as the authority think expedient as to the exercise of the body's powers and performance of the body's duties. (7) The directions that may be given to a governing body under this section include a direction requiring a governing body to make collaboration arrangements (within the meaning of section 166 of the Education and Inspections Act 2006) with such bodies and on such terms as may be specified in the direction. (8) Directions may be given to a governing body under this section despite any enactment making the exercise of a power or performance of a duty contingent on the body's opinion. (9) The authority may not direct a governing body under subsection (6)(c) to dismiss a member of staff. (10) But subsection (9) does not prevent the authority, where the authority consider that it may be appropriate to dismiss a member of staff whom the governing body have power under the governing body's articles of government to dismiss, from giving the governing body such directions under this section as are necessary to secure that the procedures applicable to the consideration of the case for dismissal of that member of staff are given effect to in relation to that member of staff. (11) A governing body must comply with any directions given to them under this section. (12) An appointment of a member of a governing body under this section shall have effect as if made in accordance with the governing body's instrument of government and articles of government. (56F) (1) The responsible local authority for a sixth form college may appoint a person to be a member of the governing body of the sixth form college. (2) But no more than two members of the governing body of a sixth form college may at any given time have been appointed under this section. (3) Before exercising the power conferred by subsection (1) in relation to a governing body, the responsible local authority must consult the governing body. (4) A member of the governing body of a sixth form college who was appointed before the relevant commencement date by the Learning and Skills Council for England under section 11 of the Learning and Skills Act 2000 is, on and after that date, to be treated for the purposes of subsection (2) of this section as appointed by the responsible local authority under this section. (5) “The relevant commencement date” is the date on which section 123 of the Apprenticeships, Skills, Children and Learning Act 2009 comes into force. (56G) (1) The YPLA must— (a) prepare a statement of the policy to be followed by local authorities with respect to the exercise of their powers under section 56E, (b) keep the statement under review, and (c) if it considers it appropriate in consequence of a review, prepare a revised statement. (2) When preparing a statement or revised statement, the YPLA must— (a) undertake such consultation as it thinks appropriate; (b) consider any representations made to it about the policy to be set out in the statement. (3) Guidance given to the YPLA under section 76 of the Apprenticeships, Skills, Children and Learning Act 2009 in connection with the performance of its functions under this section may, in particular, relate to the form and content of the policy to be set out in a statement or revised statement. (4) The YPLA must send a copy of the statement or revised statement prepared by it to the Secretary of State. (5) If the Secretary of State approves it the Secretary of State must lay a copy of it before each House of Parliament. (6) The YPLA must publish— (a) the statement of its policy approved by the Secretary of State; (b) where the Secretary of State approves a revised statement of its policy, the revised statement. (7) A local authority must have regard to the statement most recently published under subsection (6) in exercising, or deciding whether to exercise, any of their powers under section 56E in relation to a sixth form college. (56H) (1) This section applies if— (a) the YPLA proposes to secure the provision of education or training at a sixth form college in the exercise of the power conferred by section 66 of the Apprenticeships, Skills, Children and Learning Act 2009, and (b) the YPLA is satisfied— (i) as to one or more of the matters listed in section 56E(2) in relation to the sixth form college, and (ii) that the circumstances are such that it would be appropriate for the responsible local authority to do one or more of the things listed in section 56E(6) in relation to the sixth form college. (2) If this section applies the YPLA may do one or more of the things listed in subsection (5). (3) Before doing one or more of those things, the YPLA must give the Secretary of State a notice stating— (a) the matter or matters listed in section 56E(2) as to which the YPLA is satisfied; (b) the reasons why the YPLA is so satisfied; (c) the thing or things that the YPLA proposes to do; (d) the reasons why the YPLA proposes to do that thing or those things. (4) If the YPLA does one or more of those things, it must at the same time give the sixth form college's governing body a notice stating— (a) the matter or matters listed in section 56E(2) as to which the YPLA is satisfied; (b) the reasons why the YPLA has decided to do that thing or those things. (5) The YPLA may— (a) remove all or any of the members of the sixth form college's governing body; (b) appoint new members of that body if there are vacancies (however arising); (c) give to that body such directions as the YPLA thinks expedient as to the exercise of the body's powers and performance of the body's duties. (6) The directions that may be given to a governing body under this section include a direction requiring a governing body to make collaboration arrangements (within the meaning of section 166 of the Education and Inspections Act 2006) with such bodies and on such terms as may be specified in the direction. (7) Directions may be given to a governing body under this section despite any enactment making the exercise of a power or performance of a duty contingent on the body's opinion. (8) The YPLA may not direct a governing body under subsection (5)(c) to dismiss a member of staff. (9) But subsection (8) does not prevent the YPLA, where it considers that it may be appropriate to dismiss a member of staff whom the governing body have power to dismiss under their articles of government, from giving the governing body such directions under this section as are necessary to secure that the procedures applicable to the consideration of the case for dismissal of that member of staff are given effect to in relation to that member of staff. (10) A governing body must comply with any directions given to them under this section. (11) An appointment of a member of a governing body under this section shall have effect as if made in accordance with the governing body's instrument of government and articles of government. (56I) (1) The YPLA may appoint a person to be a member of the governing body of a sixth form college. (2) But no more than two members of the governing body of a sixth form college may at any given time have been appointed under this section. (3) Before exercising the power conferred by subsection (1) in relation to a governing body, the YPLA must consult the governing body. (4) A member of the governing body of a sixth form college who was appointed before the relevant commencement date by the Learning and Skills Council for England under section 11 of the Learning and Skills Act 2000 is, on and after that date, to be treated for the purposes of subsection (2) of this section as appointed by the YPLA under this section. (5) “The relevant commencement date” is the date on which section 123 of the Apprenticeships, Skills, Children and Learning Act 2009 comes into force. (56J) (1) This section applies if the Chief Executive of Skills Funding is of the view that any of the matters listed in section 56E(2) applies in relation to a sixth form college. (2) The Chief Executive must notify the responsible local authority and the YPLA of that view. (3) The responsible local authority must have regard to the Chief Executive's view in deciding whether to exercise their powers under section 56E. (4) The YPLA must have regard to the Chief Executive's view in deciding whether to exercise its powers under section 56H.

9

In section 88(1) (stamp duty) after “32,” insert “ 33N, ”.

10

In section 88A(1) (stamp duty land tax) after “32” insert “ , 33N ”.

11

(1) Section 89 (orders, regulations and directions) is amended as follows.

(2) In subsection (2)—

(a) after “30(2)(b),” insert “ 33A(5)(b), ”;

(b) after “those sections” insert “ or section 33L ”.

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

(4) For subsection (5) substitute—

(5) Section 570 of the Education Act 1996 (revocation and variation) applies to directions given by any person or body under this Act as it applies to directions given by the Secretary of State or a local authority under that Act.

12

(1) Section 90(1) (interpretation) is amended as follows.

(2) In paragraph (a) of the definition of “governing body” after “further education corporation” insert “ , a sixth form college corporation ”.

(3) At the end insert—

“the relevant sixth form college”, in relation to a sixth form college corporation, means the educational institution specified in the order under this Act designating the corporation as a sixth form college corporation or establishing it as such, “the responsible local authority”— (a) in relation to a proposal relating to the establishment of a sixth form college corporation, means the local authority in whose area the relevant sixth form college, or its main site, is proposed to be situated; (b) in relation to a sixth form college corporation, means the local authority in whose area the relevant sixth form college, or its main site, is situated; (c) in relation to a sixth form college, means the local authority in whose area the sixth form college, or its main site, is situated, “sixth form college corporation” means a body corporate— (a) designated as a sixth form college corporation under section 33A or 33B, or (b) established under section 33C, “the YPLA” means the Young People's Learning Agency for England.

(4) After subsection (2) insert—

(2ZA) The Secretary of State may give guidance on which of a sixth form college's sites is to be taken to be its main site for the purposes of the definition of “the responsible local authority” in subsection (1).

13

(1) Section 91 (interpretation of Education Acts) is amended as follows.

(2) In subsection (3) (institutions within the further education sector) after paragraph (b) insert

and (c) sixth form colleges,

(3) After subsection (3) insert—

(3A) References to sixth form colleges are to institutions conducted by sixth form college corporations.

14

In section 92 (index) at the appropriate places insert—

relevant sixth form college	section 90(1)”
“responsible local authority	section 90(1)”
“sixth form college	section 91(3A)”
“sixth form college corporation	section 90(1)”
“the YPLA	section 90(1)

15

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

(2) For paragraph 1 substitute—

(1) In this Schedule— - “instrument” means an instrument of government or articles of government; - “the institution” means— 1. in the case of a further education corporation, the institution which the corporation is established to conduct; 2. in the case of a sixth form college corporation, the relevant sixth form college.

(3) In paragraph 1A, after “appointment of members” insert “ of a further education corporation ”.

(4) After paragraph 1A insert—

(1B) Provision made by an instrument under this Schedule in relation to the appointment of members of a sixth form college corporation must take into account the members who may be appointed by— (a) the responsible local authority under section 56F; (b) the YPLA under section 56I.

(5) In paragraph 2(1) after “further education corporation” insert “ or sixth form college corporation ”.

(6) In the title, after “further education corporations” insert “ and sixth form college corporations ”.

Schedule 9

Status

1

Ofqual is to perform its functions on behalf of the Crown.

Membership

2

(1) Ofqual is to consist of—

(za) a member appointed by Her Majesty by Order in Council as the chief executive of Ofqual,

(a) a member appointed by the Secretary of State to chair Ofqual (“the chair”), and

(b) between 7 and 12 members appointed by the Secretary of State (the “ordinary members”), ...

(2) The person appointed by Her Majesty as the chief executive of Ofqual is to be known as the Chief Regulator of Qualifications and Examinations (“the Chief Regulator”).

(3) Ofqual may appoint one of the ordinary members as deputy to the chair (“the deputy”).

(4) Before appointing a person as an ordinary member, the Secretary of State must consult the chair or the deputy (subject to sub-paragraph (6)).

(5) The Secretary of State may consult the deputy instead of the chair only if satisfied that—

(a) it is not practicable to consult the chair , and

(b) it is necessary to make the appointment before it would be practicable to do so.

(6) The Secretary of State may appoint a person as an ordinary member without consulting either the chair or the deputy if satisfied that—

(a) it is not practicable to consult either of those persons, and

(b) it is necessary to make the appointment before it would be practicable to do so.

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

The Chief Regulator

3

(1) The Chief Regulator holds and vacates office in accordance with the terms of the appointment.

(2) Those terms are to be determined by the Secretary of State, subject to the following provisions of this Schedule.

(3) The Chief Regulator must not be appointed for a term of more than 5 years.

(4) The Chief Regulator may resign from office at any time by giving written notice to the Secretary of State.

(5) Her Majesty may remove the Chief Regulator from office on either of the following grounds—

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