Legalize / United Kingdom / Public General Act

Education Act 2011

Type Public General Act

Publication 2011-11-15

Last updated 2018-07-09

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(3) Subject to subsection (4), a statutory instrument containing an order or regulations made by the Secretary of State under this Act (other than an order under section 82) is subject to annulment in pursuance of a resolution of either House of Parliament.

(4) A statutory instrument which contains (alone or with other provision) an order under section 54(2) which amends or repeals any provision of an Act may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

(5) A statutory instrument containing an order or regulations made by the Welsh Ministers under this Act is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

Interpretation of Act

79

In this Act—

“FHEA 1992” means the Further and Higher Education Act 1992;

“EA 1994” means the Education Act 1994;

“EA 1996” means the Education Act 1996;

“EA 1997” means the Education Act 1997;

“THEA 1998” means the Teaching and Higher Education Act 1998;

“SSFA 1998” means the School Standards and Framework Act 1998;

“LSA 2000” means the Learning and Skills Act 2000;

“EA 2002” means the Education Act 2002;

“HEA 2004” means the Higher Education Act 2004;

“EA 2005” means the Education Act 2005;

“EIA 2006” means the Education and Inspections Act 2006;

“ESA 2008” means the Education and Skills Act 2008;

“ASCLA 2009” means the Apprenticeships, Skills, Children and Learning Act 2009;

“CSFA 2010” means the Children, Schools and Families Act 2010;

“AA 2010” means the Academies Act 2010.

Financial provision

80

There is to be paid out of money provided by Parliament any increase attributable to this Act in the sums payable under any other Act out of money so provided.

Extent

81

(1) This Act extends to England and Wales only, subject to subsections (2) and (3).

(2) This Part extends to the whole of the United Kingdom.

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

Commencement

82

(1) The following provisions come into force on the day on which this Act is passed—

(a) section 33;

(b) section 40(1) to (3) and (5) to (9);

(d) section 42(1) to (7) and (9) to (11);

(e) section 58;

(f) section 75;

(g) sections 76 and 77;

(h) this Part.

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

(a) section 6;

(b) sections 30 and 31;

(d) section 48;

(e) section 61.

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

(4) The Secretary of State must exercise the power conferred by subsection (3) so as to secure that, subject to any provision made by virtue of subsection (7), sections 69 and 70 and Schedule 18 are in force no later than the day after the day which is the school leaving date for 2013.

(5) Before making an order bringing section 13 into force, the Secretary of State must consult the Welsh Ministers.

(6) Before making an order bringing sections 14 to 17 into force, the Secretary of State must obtain the consent of the Welsh Ministers.

(7) 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

83

(1) This Act may be cited as the Education Act 2011.

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

SCHEDULE 1

Local Government Act 1972 (c. 70)

1

In section 177 of the Local Government Act 1972 (provisions supplementary to provisions on allowances), in subsection (1A)—

(a) before paragraph (c) insert—

(ba) regulations made by virtue of section 51A(8) of the Education Act 2002 (allowances for exclusion review panels: England);

;

(b) in paragraph (c), for the words from “the Education Act” to the end substitute “ that Act (allowances for exclusion appeal panels: Wales); and ”.

Local Government Act 1974 (c. 7)

2

In section 25 of the Local Government Act 1974 (authorities subject to investigation), in subsection (5)(e)—

(a) for “appeal” substitute “ review ”;

(b) for “section 52” substitute “ section 51A ”.

3

In section 31A of that Act (consideration of adverse reports), in subsection (3)(c), for “exclusion appeal panel” substitute “ exclusion review panel ”.

Tribunals and Inquiries Act 1992 (c. 53)

4

In Part 1 of Schedule 1 to the Tribunals and Inquiries Act 1992 (tribunals under direct supervision of the Council), in paragraph 15 (education), after sub-paragraph (a), insert—

(aa) exclusion review panels constituted in accordance with regulations under section 51A of the Education Act 2002;

EA 1996

5

EA 1996 is amended as follows.

6

In section 444ZA (application of section 444 to alternative educational provision), in subsection (1D), in paragraph (a), for “section 52” substitute “ section 51A ”.

7

In Schedule 35B (meaning of “eligible child” for purposes of school travel arrangements), in paragraph 8(2)(b), for “section 52” substitute “ section 51A ”.

SSFA 1998

8

Section 87 of SSFA 1998 (no requirement to admit children permanently excluded from two or more schools) is amended as follows.

9

After subsection (3) insert—

(3A) A child who has been permanently excluded from a school in England shall not be treated for the purposes of this section as having been so excluded if any of the following applies— (a) the child was reinstated as a pupil at the school following a direction from the responsible body— (i) in accordance with regulations under subsection (3)(b) of section 51A of the Education Act 2002; (ii) following a recommendation from the review panel that the responsible body reconsiders the matter under subsection (4)(b) of that section; (b) the child would have been reinstated as a pupil at the school following a direction from the responsible body as described in paragraph (a)(i) or (ii), if it had been practical for the responsible body to give such a direction; (c) the review panel has quashed a decision of the responsible body not to reinstate the child as a pupil at the school under subsection (4)(c) of section 51A of the Education Act 2002; (d) the child was so excluded at a time when the child had not attained compulsory school age. (3B) In subsection (3A) “the responsible body” has the same meaning as in section 51A of the Education Act 2002.

10

In subsection (4), in the opening words—

(a) omit “However,”;

(b) after “a school” insert “ in Wales ”.

Equality Act 2010 (c. 15)

11

Schedule 17 to the Equality Act 2010 (disabled pupils: enforcement) is amended as follows.

12

In the heading above paragraph 14, at the end insert “ : Wales ”.

13

In paragraph 14 (exclusions)—

(a) in sub-paragraph (1), at the end insert “ that are made in relation to schools in Wales ”;

(b) for sub-paragraph (4), substitute—

(4) Appeal arrangements are arrangements under section 52(3) of the Education Act 2002 enabling an appeal to be made against an exclusion decision.

;

SCHEDULE 2

Amendments to THEA 1998

1

THEA 1998 is amended as follows.

2

In the heading to Chapter 1, for “Councils” substitute “ Council for Wales ”.

3

In the italic cross-heading above section 1, for “England” substitute “ Wales: aims and constitution ”.

4

In the italic cross-heading above section 2, for “England” substitute “ Wales ”.

5

In section 2, in the heading, for “General Teaching Council for England” substitute “ the Council ”.

6

In the italic cross-heading above section 8, at the beginning insert “ Establishment of ”.

7

In section 8 (the General Teaching Council for Wales)—

(a) in subsection (2), omit “as it has effect in relation to the Council,”;

(b) omit subsections (3) to (6);

8

In section 9 (functions of the General Teaching Council for Wales: general)—

(a) omit subsection (1);

(b) in subsection (2), for “the General Teaching Council for Wales” substitute “ the Council ”.

9

In section 12 (deduction of fees from salaries, etc)—

(a) in subsection (1)(b), omit “relevant”;

(b) in subsection (3), in paragraphs (b) and (c), omit “relevant”;

10

In section 14 (supply of information relating to teachers: general)—

(a) for subsection (1) substitute—

(1) The Secretary of State may supply the Council with such information relating to individual teachers as the Council may request for the purpose of carrying out any of the functions conferred on them by or under this Chapter or as the Secretary of State considers it to be necessary or desirable for them to have for the purposes of those functions. (1A) The Welsh Ministers may supply the Council with such information relating to individual teachers as the Council may request for the purpose of carrying out any of the functions conferred on them by or under this Chapter or as the Welsh Ministers consider it to be necessary or desirable for them to have for the purposes of those functions.

(b) in subsection (2), for “Each of those Councils” substitute “ The Council ”;

(d) omit subsection (4).

11

In section 15 (supply of information following dismissal, resignation, etc)—

(a) omit subsection (2);

(b) in subsection (3)—

(i) omit the words from the beginning to “in Wales,”;

(ii) for “the General Teaching Council for Wales” substitute “ the Council ”.

(c) in subsection (5), in the definition of “relevant employer”, at the end of each of paragraphs (a), (b), (c) and (d) insert “ in Wales ”.

12

In section 15A (supply of information by contractor, agency, etc)—

(a) in subsection (2), for “Subsections (3) and (4) apply” substitute “ Subsection (4) applies ”;

(b) omit subsections (3), (5) and (7);

(i) omit the words from the beginning to “in Wales,”;

(ii) for “the General Teaching Council for Wales” substitute “ the Council ”.

13

In the italic cross-heading above section 19, at the end insert “ : teachers in Wales ”.

14

In section 19 (requirement to serve induction period)—

(a) in subsection (1), after “schools” insert “ in Wales ”;

(b) in subsection (2)(i), for “either the Council or the General Teaching Council for Wales” substitute “ the Council ”;

(i) omit the words from the beginning to “established,”;

(ii) for “one or both of those Councils (as appropriate)” substitute “ the Council ”;

(d) in subsection (4)(b), omit “or the General Teaching Council for Wales”.

15

In section 42 (orders and regulations)—

(a) omit subsection (3);

(b) in subsection (9)—

(i) omit the words from the beginning to “established,”;

(ii) omit “to which the regulations will relate”.

16

(1) Schedule 1 is amended as follows.

(2) In the title, for “England” substitute “ Wales ”.

(3) In paragraph 2, omit sub-paragraph (3).

(4) In paragraph 4(1)—

(a) in paragraph (a), for “the Secretary of State” substitute “ they ”;

(b) for paragraph (b) substitute—

(b) shall, as regards any member in whose case they may so determine, pay or make provision for the payment of such sums by way of pension, allowances and gratuities to or in respect of that member as they may determine.

(5) For paragraph 4(2) substitute—

(2) If a person ceases to be a member of the Council and it appears to the Council that there are special circumstances which make it right that the person should receive compensation, the Council may make to that person a payment of such amount as they may determine.

(6) In paragraph 4(3), for “the Secretary of State” substitute “ they ”.

(7) In paragraph 4(4), for “the Secretary of State” substitute “ they ”.

(8) In paragraph 5, omit sub-paragraph (4).

(9) In paragraph 6—

(a) in sub-paragraph (1), omit “, with the consent of the Secretary of State,”;

(b) in sub-paragraph (3), for the words following paragraph (b) substitute “ the Council may make provision for that person to continue to participate in that scheme, on such terms and conditions as they may determine, as if the person's service as a member were service as an employee; and any such provision shall be without prejudice to paragraph 4. ”

(10) In paragraph 11, omit sub-paragraph (1).

17

In Schedule 2 (disciplinary powers of Council), in paragraph 7 (supplementary provisions) for sub-paragraph (2) substitute—

(2) Regulations may also make provision for securing that any prohibition order made by virtue of Schedule 11A to the Education Act 2002 in relation to a teacher in England has a corresponding effect in relation to Wales.

Amendments to other Education Acts

18

In EA 1994, in section 18B (inspection of teacher training), in subsection (3) (advice from Chief Inspector), omit paragraph (c) (and the “or” preceding it).

19

(1) EA 2002 is amended as follows.

(2) In section 132 (qualified teacher status), omit subsection (3) (consultation of GTCE).

(3) In section 134 (requirement to be registered)—

(a) in subsection (1)—

(i) after “school” insert “ in Wales ”;

(ii) after “General Teaching Council” insert “ for Wales ”;

(b) in subsection (2), after “person” insert “ in Wales ”;

(d) in the heading, at the end insert “ : teachers in Wales ”.

(4) In section 145 (specification of qualification or course), in subsection (1)(c), omit “the General Teaching Council for England,”.

(5) In Schedule 12 (the General Teaching Councils for England and Wales), in Part 1 (amendments to the Teaching and Higher Education Act 1998), omit paragraph 7 (amendment to section 9(1)).

20

In ESA 2008—

(a) in section 130 (directions prohibiting participation in management: information), in subsection (5), omit “the General Teaching Council for England,”;

(b) in Schedule 1 (minor and consequential amendments), in paragraph 23 (substitution of sections 167C and 167D of EA 2002), in the substituted section 167C, in subsection (5), omit “ the General Teaching Council for England, ”.

Other amendments

21

In Schedule 1 to the Public Records Act 1958 (definition of public records), in Part 2, omit “General Teaching Council for England.”

22

In Schedule 1 to the Superannuation Act 1972 (kinds of employment in relation to which superannuation schemes may be made), omit “General Teaching Council for England.”

23

In Schedule 1 to the House of Commons Disqualification Act 1975 (offices disqualifying for membership) in Part 3, omit “Any member of the General Teaching Council for England in receipt of remuneration.”

24

In section 50 of the Employment Rights Act 1996 (right to time off for public duties), in subsection (9) (definition of “relevant education body”) omit paragraph (i) (but not the “or” following it).

25

In Schedule 1 to the Freedom of Information Act 2000 (public authorities), in Part 6 omit “The General Teaching Council for England.”

26

In section 343 of the Income Tax (Earnings and Pensions) Act 2003 (deductions allowed from earnings: professional membership fees), in the Table in subsection (2), in part 7 omit paragraph (a) (fee for registration by the GTCE).

27

(1) The Safeguarding Vulnerable Groups Act 2006 is amended as follows.

(2) In section 41 (registers: duty to refer), in the table in subsection (7), in entry 1, for the entry in column 2 substitute “ The General Teaching Council for Wales ”.

(3) In section 45 (supervisory authorities: duty to refer), in subsection (7), after paragraph (a) insert—

(aza) the Secretary of State in respect of the Secretary of State's functions under sections 141B to 141E of the Education Act 2002; (azb) the Secretary of State in respect of the Secretary of State's functions under Chapter 1 of Part 4 of the Education and Skills Act 2008;

(4) In Schedule 3 (barred lists), in paragraph 16 (representations), in sub-paragraph (4)—

(a) after “before” insert “ the Secretary of State in the exercise of the Secretary of State's functions under section 141B of the Education Act 2002, or in proceedings before ”;

(b) omit paragraph (a).

(5) In Schedule 8 (transitional provision), in paragraph 2 (existing restrictions relating to children)—

(a) in sub-paragraph (3), omit paragraphs (a) and (c);

(b) in sub-paragraph (4), for “(3)(c) and (d)” substitute “ (3)(d) ”;

SCHEDULE 3

Staff transfer schemes

1

(1) The Secretary of State may make a scheme (a “staff transfer scheme”) providing—

(a) for a designated employee of the GTCE to become a member of staff of the Secretary of State (and accordingly to become employed in the civil service of the state);

(b) so far as may be consistent with employment in the civil service of the state, for the terms and conditions of the employee's employment with the GTCE to have effect as if they were the conditions of service as a member of the Secretary of State's staff;

(c) for the transfer to the Secretary of State of the rights, powers, duties and liabilities of the GTCE under or in connection with the employee's contract of employment;

(d) for anything done (or having effect as if done) before that transfer by or in relation to the GTCE in respect of such a contract or the employee to be treated as having been done by or in relation to the Secretary of State.

(2) A staff transfer scheme may provide for a period before the employee became a member of the Secretary of State's staff to count as a period during which the employee was a member of the Secretary of State's staff (and for the operation of the scheme not to be treated as having interrupted the continuity of that period).

(3) A staff transfer scheme may provide for the employee not to become a member of the Secretary of State's staff if the employee gives notice objecting to the operation of the scheme in relation to the employee.

(4) A staff transfer scheme may provide for a person who would be treated (by an enactment or otherwise) as being dismissed by the operation of the scheme not to be so treated.

(5) A staff transfer scheme may provide for an employee of the GTCE to become a member of the Secretary of State's staff despite any provision, of whatever nature, which would otherwise prevent the person from being employed in the civil service of the state.

Property transfer schemes

2

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

(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 GTCE 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 Secretary of State;

(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

3

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 GTCE before the transfer takes effect.

Supplementary provision etc.

4

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

Interpretation

5

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 GTCE” means the General Teaching Council for England.

SCHEDULE 4

After Schedule 11A to EA 2002 (inserted by section 8), insert—

SCHEDULE 5

Public Records Act 1958 (c. 51)

1

In paragraph 3 of Schedule 1 to the Public Records Act 1958, in Part 2 of the Table (definition of public records: other establishments and organisations) omit “Training and Development Agency for Schools.” and “Teacher Training Agency.”

Parliamentary Commissioner Act 1967 (c. 13)

2

In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc subject to investigation) omit “Training and Development Agency for Schools.”

Superannuation Act 1972 (c. 11)

3

In Schedule 1 to the Superannuation Act 1972 (kinds of employment, etc, referred to in section 1 of that Act) omit “Training and Development Agency for Schools.”

House of Commons Disqualification Act 1975 (c. 24)

4

In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 (other disqualifying offices) omit the entry relating to members of the Training and Development Agency for Schools in receipt of remuneration.

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

5

In section 1(3) of the Education (Fees and Awards) Act 1983 (institutions in respect of which regulations may provide for differential fees), in paragraph (e), for “support under section 78 of that Act from the Training and Development Agency for Schools” substitute

assistance— (i) from the Secretary of State or the Welsh Ministers under section 14 of the Education Act 2002, or (ii) from a person who is receiving financial assistance under that section;

EA 1994

6

Part 1 of EA 1994 (teacher training) is amended as follows.

7

Section 11A (general duty of Secretary of State and Welsh Ministers with respect to teacher training) is repealed.

8

In section 18B (inspection of teacher training), in subsections (3) and (8), for “Training and Development Agency for Schools” substitute “ Secretary of State ”.

9

In section 18C (inspection of teacher training in Wales), in subsection (12)(b), omit “or the Training and Development Agency for Schools”.

EA 1996

10

EA 1996 is amended as follows.

11

In section 398 (no requirement of attendance at Sunday school etc), in subsection (2), for “75(5) and 96(1)” substitute “ 96(1) and 100 ”.

12

In section 450 (prohibition of charges for admission), in subsection (3), for “75(5) and 96(1)” substitute “ 96(1) and 100 ”.

Audit Commission Act 1998 (c. 18)

13

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

THEA 1998

14

(1) Section 26 of THEA 1998 (imposition of conditions as to fees at further or higher education institutions) is amended as follows.

(2) In subsection (3)—

(a) omit “81(1), 82(1) or”;

(b) omit paragraph (c) and the “or” preceding it;

(3) In subsection (11)—

(a) omit “or the Training and Development Agency for Schools”;

(b) in paragraph (b), omit “or that Agency”.

Government of Wales Act 1998 (c. 38)

15

(1) Section 145B of the Government of Wales Act 1998 (studies at request of educational bodies) is amended as follows.

(2) In the Table in subsection (1), omit the entry for a training provider receiving financial support under section 78 of the Education Act 2005.

(3) Omit subsection (1A).

(4) In subsection (2), for “Subsections (1) and (1A) do” substitute “ Subsection (1) does ”.

(5) In subsection (3), omit “or (1A)”.

Freedom of Information Act 2000 (c. 36)

16

In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public bodies and offices: general) omit “The Teacher Training Agency.” and “The Training and Development Agency for Schools.”

EA 2002

17

In section 145 of EA 2002 (specification of qualification or course)—

(a) in subsection (1)(c), omit “the Training and Development Agency for Schools,”;

(b) in subsection (3), omit “the Training and Development Agency for Schools or”.

HEA 2004

18

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

19

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

20

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

21

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

22

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

23

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

24

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

25

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

26

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

27

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

28

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

29

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

EA 2005

30

EA 2005 is amended as follows.

31

Section 99 (introduction of Schedule 15) is repealed.

32

In Schedule 14 (amendments relating to training of school workforce), omit paragraphs 1 to 4, 8, 19(4)(b), 21(3) to (5), 22, 24, 25, 28(5), 29(b) and 32 to 34.

33

Schedule 15 (transitional and transitory provisions relating to Part 3) is repealed.

SCHEDULE 6

Staff transfer schemes

1

(1) The Secretary of State may make a scheme (a “staff transfer scheme”) providing—

(a) for a designated employee of the TDA to become a member of staff of the Secretary of State (and accordingly to become employed in the civil service of the state);

(b) so far as may be consistent with employment in the civil service of the state, for the terms and conditions of the employee's employment with the TDA to have effect as if they were the conditions of service as a member of the Secretary of State's staff;

(c) for the transfer to the Secretary of State of the rights, powers, duties and liabilities of the TDA under or in connection with the employee's contract of employment;

(d) for anything done (or having effect as if done) before that transfer by or in relation to the TDA in respect of such a contract or the employee to be treated as having been done by or in relation to the Secretary of State.

(2) A staff transfer scheme may provide for a period before the employee became a member of the Secretary of State's staff to count as a period during which the employee was a member of the Secretary of State's staff (and for the operation of the scheme not to be treated as having interrupted the continuity of that period).

(3) A staff transfer scheme may provide for the employee not to become a member of the Secretary of State's staff if the employee gives notice objecting to the operation of the scheme in relation to the employee.

(4) A staff transfer scheme may provide for a person who would be treated (by an enactment or otherwise) as being dismissed by the operation of the scheme not to be so treated.

(5) A staff transfer scheme may provide for an employee of the TDA to become a member of the Secretary of State's staff despite any provision, of whatever nature, which would otherwise prevent the person from being employed in the civil service of the state.

Property transfer schemes

2

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

(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 TDA 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 Secretary of State;

(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

3

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 TDA before the transfer takes effect.

Supplementary provision etc.

4

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

Interpretation

5

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 TDA” means the Training and Development Agency for Schools.

SCHEDULE 7

Amendments to Schedule 9 to ASCLA 2009

1

Schedule 9 to ASCLA 2009 (the Office of Qualifications and Examinations Regulation) is amended as follows.

2

(1) Paragraph 2 (membership) is amended as follows.

(2) In sub-paragraph (1)—

(a) before paragraph (a), insert—

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

;

(b) in paragraph (a), for “Her Majesty by Order in Council to chair Ofqual,” substitute “ the Secretary of State to chair Ofqual (“the chair”), and ”;

(3) In sub-paragraph (2), for “to chair” substitute “ as the chief executive of ”;

(4) In sub-paragraphs (3) to (6), for “Chief Regulator”, wherever occurring, substitute “ chair ”.

3

(1) Paragraph 3 (the Chief Regulator) is amended as follows.

(2) In sub-paragraph (6), for “Chief Regulator” substitute “ the chief executive of Ofqual (whether before or after the relevant commencement date) ”.

(3) After sub-paragraph (6) insert—

(7) The relevant commencement date” means the date on which Schedule 7 to the Education Act 2011 comes fully into force.

4

After paragraph 3 insert—

(3A) (1) The chair 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 chair must not be appointed for a term of more than 5 years. (4) The chair may resign from office at any time by giving written notice to the Secretary of State. (5) The Secretary of State may remove the chair from office on either of the following grounds— (a) inability or unfitness to carry out the duties of the office; (b) absence from Ofqual's meetings for a continuous period of more than 6 months without Ofqual's permission. (6) The previous appointment of a person to chair Ofqual (whether before or after the relevant commencement date) does not affect the person's eligibility for re-appointment. (7) “The relevant commencement date” means the date on which Schedule 7 to the Education Act 2011 comes fully into force.

5

In paragraph 4 (the deputy and other ordinary members: tenure), in sub-paragraphs (7) to (11), for “Chief Regulator”, wherever occurring, substitute “ chair ”.

6

In the heading before paragraph 5, for “Chief Regulator and ordinary members” substitute “ members ”.

7

(1) Paragraph 5 (remuneration of members of Ofqual) is amended as follows.

(2) In sub-paragraph (1), for “Chief Regulator and any of the ordinary members” substitute “ members of Ofqual ”.

(3) In sub-paragraph (2), for “current or former Chief Regulator or” substitute “ person who is or has been the chair or an ”.

(4) In sub-paragraph (3), for “Chief Regulator or an ordinary member” substitute “ a member of Ofqual ”.

(5) In sub-paragraph (4), for “this paragraph” substitute “ sub-paragraph (1), (2) or (3) ”.

(6) After sub-paragraph (4) insert—

(5) Service as the Chief Regulator is one of the kinds of service to which a scheme under section 1 of the Superannuation Act 1972 (superannuation schemes as respects civil servants etc) can apply. (6) Ofqual must pay to the Minister for the Civil Service, at such times as the Minister may direct, such sums as the Minister may determine in respect of any increase attributable to sub-paragraph (5) in the sums payable out of money provided by Parliament under the Superannuation Act 1972.

8

For the heading before paragraph 6 substitute “ Staff ”.

9

(1) Paragraph 6 (staff of Ofqual) is amended as follows.

(2) Omit sub-paragraphs (1) to (3).

(3) In sub-paragraphs (4) and (5)(a), omit “other”.

Consequential amendments

10

In Schedule 1 to the Superannuation Act 1972 (kinds of employment, etc, referred to in section 1 of that Act), under the heading “Offices” at the appropriate place insert “ The Chief Regulator of Qualifications and Examinations. ”

11

In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 (other disqualifying offices), after “The Chief Regulator of Qualifications and Examinations” insert “ , the chair of the Office of Qualifications and Examinations Regulation ”.

12

In Part 3 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (other disqualifying offices), after “The Chief Regulator of Qualifications and Examinations” insert “ , the chair of the Office of Qualifications and Examinations Regulation ”.

SCHEDULE 8

Public Records Act 1958 (c. 51)

1

In paragraph 3 of Schedule 1 to the Public Records Act 1958, in Part 2 of the Table (definition of public records: other establishments and organisations) omit “Qualifications and Curriculum Development Agency.”

Parliamentary Commissioner Act 1967 (c. 13)

2

In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc subject to investigation) omit “Qualifications and Curriculum Development Agency.”

Superannuation Act 1972 (c. 11)

3

In Schedule 1 to the Superannuation Act 1972 (kinds of employment, etc, referred to in section 1 of that Act) omit “The Qualifications and Curriculum Development Agency.”

House of Commons Disqualification Act 1975 (c. 24)

4

In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 (other disqualifying offices) omit the entry relating to members of the Qualifications and Curriculum Development Agency in receipt of remuneration.

EA 1996

5

EA 1996 is amended as follows.

6

In section 391 (functions of religious education advisory councils) for subsection (10) substitute—

(10) A council for an area in Wales must send a copy of each report published by them under subsection (6) to the Welsh Ministers.

7

In section 408(1)(a) (provision of information relevant for particular purposes) for “Parts 7 and 8” substitute “ Part 7 ”.

EA 1997

8

Section 35 of EA 1997 (transfer of staff to QCDA) is repealed.

LSA 2000

9

In section 98 of LSA 2000 (approved qualifications: England), in subsections (7) and (8), omit “the Qualifications and Curriculum Development Agency or”.

Freedom of Information Act 2000 (c. 36)

10

In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public bodies and offices: general) omit “The Qualifications and Curriculum Development Agency.”

EA 2002

11

EA 2002 is amended as follows.

12

In section 85(9) (curriculum requirements for the fourth key stage: duty to have regard to guidance) for “Qualifications and Curriculum Development Agency” substitute “ Secretary of State ”.

13

In section 87(7) (establishment of the National Curriculum for England by order: persons on whom assessment arrangements order may confer or impose functions) omit paragraph (c) (but not the “and” immediately after it).

14

(1) Section 90 (development work and experiments) is amended as follows.

(2) In subsection (3)—

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

(b) omit paragraph (c) (and the “or” immediately before it).

(3) In subsection (4) omit the words after “by the governing body”.

(4) In subsection (5), for paragraph (b) substitute—

(b) a person designated for the purposes of this subsection by the Secretary of State.

(5) In subsection (5A) for “the reviewing body” substitute “ a person designated for the purposes of this subsection by the Secretary of State ”.

(6) Omit subsection (5B).

(7) In subsection (5C) for “subsection (5B)” substitute “ subsection (5)(b) or (5A) ”.

15

For section 96 substitute—

(96) (1) This section applies where the Secretary of State proposes to make— (a) an order under section 82(4), 84(6) or 87(3)(a) or (b), or (b) regulations under section 91. (2) The Secretary of State must give notice of the proposal to such of the following as appear to the Secretary of State to be concerned with the proposal— (a) associations of local authorities, (b) bodies representing the interests of school governing bodies, and (c) organisations representing school teachers. (3) The Secretary of State must also give notice of the proposal to any other persons with whom consultation appears to the Secretary of State to be desirable. (4) The Secretary of State must give the bodies and other persons mentioned in subsections (2) and (3) a reasonable opportunity of submitting evidence and representations as to the issues arising from the proposal. (5) After considering any evidence and representations submitted in pursuance of subsection (4), the Secretary of State must publish, in such manner as, in the Secretary of State's opinion, is likely to bring them to the notice of persons with a special interest in education— (a) a draft of the proposed order or regulations and any associated document, and (b) a summary of the views expressed during the consultation. (6) The Secretary of State must allow a period of at least one month beginning with the publication of the draft of the proposed order or regulations for the submission of any further evidence and representations as to the issues arising. (7) When the period allowed has expired, the Secretary of State may make the order or regulations, with or without modifications.

Childcare Act 2006 (c. 21)

16

The Childcare Act 2006 is amended as follows.

17

In section 42(2) (persons on whom order specifying assessment arrangements may confer or impose functions) omit paragraph (d) (but not the “and” immediately after it).

18

(1) Section 46 (power to enable exemptions from learning and development requirements to be conferred) is amended as follows.

(2) In subsection (1B) for “the reviewing body” substitute “ a person designated by the Secretary of State for the purposes of this subsection ”.

(3) Omit subsection (1C).

(4) In subsection (1D) for “subsection (1C)” substitute “ subsection (1B) ”.

EIA 2006

19

EIA 2006 is amended as follows.

20

In section 74(1) (curriculum requirements for the fourth key stage)—

(a) in the new section 85 to be inserted into EA 2002, in subsection (6) for “Qualifications and Curriculum Authority” substitute “ Secretary of State ”;

(b) in the new section 85A to be inserted into that Act, in subsection (5) omit “or the Qualifications and Curriculum Authority”.

Safeguarding Vulnerable Groups Act 2006 (c. 47)

21

In section 21(10) of the Safeguarding Vulnerable Groups Act 2006 (controlled activity relating to children) omit paragraph (d).

ASCLA 2009

22

ASCLA 2009 is amended as follows.

23

In section 129(4) (persons who provide information to which Ofqual required to have regard) omit paragraph (a).

24

Section 173 and Schedule 10 (QCDA staff and property transfer schemes) are repealed.

25

In paragraph 8 of Schedule 5 (learning aims for persons aged 19 or over: persons who provide advice or information to which Secretary of State may have regard) omit paragraph (b) (but not the “or” immediately after it).

26

In consequence of the amendments made by the other provisions of this Schedule, in Schedule 12 (Ofqual and the QCDA: minor and consequential amendments), omit the following provisions: paragraphs 1, 2(3), 3, 4, 5(2), 7, 10, 20, 30, 33, 34, 36(2), 37 and 43.

SCHEDULE 9

Staff transfer schemes

1

(1) The Secretary of State may make a scheme (a “staff transfer scheme”) providing—

(a) for a designated employee of the QCDA to become a member of staff of Ofqual or the Secretary of State (“the Crown employer”) (and accordingly to become employed in the civil service of the state);

(b) so far as may be consistent with employment in the civil service of the state, for the terms and conditions of the employee's employment with the QCDA to have effect as if they were the conditions of service as a member of the Crown employer's staff;

(c) for the transfer to the Crown employer of the rights, powers, duties and liabilities of the QCDA under or in connection with the employee's contract of employment;

(d) for anything done (or having effect as if done) before that transfer by or in relation to the QCDA in respect of such a contract or the employee to be treated as having been done by or in relation to the Crown employer.

(2) A staff transfer scheme may provide for a period before the employee became a member of the Crown employer's staff to count as a period during which the employee was a member of the Crown employer's staff (and for the operation of the scheme not to be treated as having interrupted the continuity of that period).

(3) A staff transfer scheme may provide for the employee not to become a member of the Crown employer's staff if the employee gives notice objecting to the operation of the scheme in relation to the employee.

(4) A staff transfer scheme may provide for a person who would be treated (by an enactment or otherwise) as being dismissed by the operation of the scheme not to be so treated.

(5) A staff transfer scheme may provide for an employee of the QCDA to become a member of the Crown employer's staff despite any provision, of whatever nature, which would otherwise prevent the person from being employed in the civil service of the state.

Property transfer schemes

2

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

(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 QCDA 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

3

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 QCDA before the transfer takes effect.

Supplementary provision etc.

4

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

Interpretation

5

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;

“Ofqual” means the Office of Qualifications and Examinations Regulation;

“the QCDA” means the Qualifications and Curriculum Development Agency.

SCHEDULE 10

Amendments consequential on the amendments to section 85A (admission forums)

1

(1) Part 3 of SSFA 1998 (school admissions) is amended as follows.

(2) Section 85B (functions of admission forums in relation to Academies) is repealed.

(3) In section 88F (sections 88C to 88E: supplementary), in subsection (3), omit paragraph (f) (but not the “and” following it).

(4) In section 88Q (reports under section 88P: provision of information), in subsection (2), omit paragraph (b).

2

In EA 2002, section 66 (insertion of section 85B of SSFA 1998: admissions forums in relation to Academies) is repealed.

3

In EIA 2006, in section 41 (role of admissions forums), omit subsections (1) to (6) (amendments to section 85A of SSFA 1998).

Amendments consequential on the repeal of section 88J of SSFA 1998 (school adjudicators)

4

(1) Part 3 of SSFA 1998 (school admissions) is amended as follows.

(2) In section 88K (sections 88H to 88J: supplementary)—

(a) in subsection (1)—

(i) at the end of paragraph (a), insert “ or ”;

(ii) omit paragraph (c) (and the “or” preceding it);

(b) for subsection (3), substitute—

(3) Where the adjudicator makes a decision mentioned in subsection (1), the adjudicator must publish a report containing— (a) the adjudicator's decision on the objection or (as the case may be) on whether the admission arrangements conform with the requirements relating to admission arrangements, and (b) the reasons for that decision.

;

(d) in subsection (5), for “sections 88I and 88J” substitute “ section 88I ”;

(e) in the heading, for “to 88J” substitute “ and 88I ”.

(3) Section 88L (restriction on alteration of admission arrangements following adjudicator's decision) is repealed.

SCHEDULE 11

Amendments to Part 2 of EIA 2006

1

Part 2 of EIA 2006 (establishment, discontinuance and alteration of schools) is amended as follows.

2

Before section 7 insert—

(6A) (1) If a local authority in England think a new school needs to be established in their area, they must seek proposals for the establishment of an Academy. (2) The local authority must specify a date by which any proposals sought under subsection (1) must be submitted to them. (3) After the specified date, the local authority must notify the Secretary of State— (a) of the steps they have taken to seek proposals for the establishment of an Academy, and (b) of any proposals submitted to them as a result before the specified date, or of the fact that no such proposals have been submitted to them before that date. (4) A notification under subsection (3) must— (a) identify a possible site for the Academy, and (b) specify such matters as may be prescribed.

3

In section 7 (invitation for proposals for establishment of new schools)—

(a) in subsection (1), after “may” insert “ with the consent of the Secretary of State ”;

(b) in subsection (5), omit paragraph (b) and the “and” immediately before it;

(d) in subsection (6), insert “ and ” at the end of paragraph (a) and omit paragraph (c) and the “and” immediately before it.

4

After section 7 insert—

(7A) (1) This section applies where a local authority have published a notice under section 7. (2) At any time before the date specified in the notice— (a) the local authority may withdraw it, with the consent of the Secretary of State, or (b) the Secretary of State may direct the local authority to withdraw it.

5

Section 8 (proposals under section 7 relating to community or community special schools) is repealed.

6

(1) Section 10 (publication of proposals with consent of Secretary of State) is amended as follows.

(2) In subsection (1), for the words from “(otherwise” to the end substitute

a new community, community special, foundation or foundation special school, which— (a) is not to be one providing education suitable only to the requirements of persons above compulsory school age, and (b) is to replace one or more maintained schools, except where section 11(A2) applies or in a case within section 11(A3).

(3) In subsection (2)—

(a) after “voluntary” insert “ controlled ”;

(b) in paragraph (b), for “(2)(b) or (c)” substitute “ (2) ”.

7

(1) Section 11 (publication of proposals to establish maintained schools: special cases) is amended as follows.

(2) Before subsection (1) insert—

(A1) Subsection (A2) applies where a local authority in England publish a notice under section 7 (notice inviting proposals for establishment of new schools), and— (a) no proposals are made pursuant to the notice, or (b) proposals are made pursuant to the notice but none of the proposals are approved under Schedule 2 or result in Academy arrangements being entered into. (A2) The local authority may publish under this section proposals of their own to establish a new community, community special, foundation or foundation special school, which is not to be one providing education suitable only to the requirements of persons above compulsory school age. (A3) Where a local authority in England propose to establish a new community, community special, foundation or foundation special school, which— (a) is to be a primary school, and (b) is to replace a maintained infant school and a maintained junior school, the authority must publish their proposals under this section.

(3) After subsection (1) insert—

(1A) Where any persons (“proposers”) propose to establish a new voluntary aided school in England, they may publish their proposals under this section.

(4) In subsection (2)—

(a) after “voluntary” insert “ controlled ”;

(b) before paragraph (b) insert—

(aa) is to replace one or more foundation or voluntary schools which have a religious character,

(5) After subsection (2) insert—

(2A) For the purposes of subsection (2)(aa), a new foundation or voluntary controlled school replaces a foundation or voluntary school which has a religious character if it is proposed that the new school— (a) should have the same religious character, (b) should have a different religious character, or (c) should not have a religious character.

(6) In subsection (3), after “voluntary” insert “ controlled ”.

(7) In subsection (7), after “subsection” insert “ (1A) or ”.

(8) For subsection (9) substitute—

(9) In this section— - “maintained infant school” means a maintained school that provides primary education suitable to the requirements of children of compulsory school age who have not attained the age of 8; - “maintained junior school” means a maintained school that provides primary education suitable to the requirements of junior pupils who have attained the age of 7; - “non-maintained special school” means a school which is approved under section 342 of EA 1996.

8

In section 11A(1) (restriction on power of governing body to make proposals), for “11(2)” substitute “ 11(1A) or (2) ”.

9

In section 12 (establishment of school as a federated school), in subsection (1), after “new” insert “ maintained ”.

10

(1) Schedule 2 (consideration, approval and implementation of proposals for establishment or discontinuance of schools in England) is amended as follows.

(2) After paragraph 3 insert—

(3A) In this Schedule— (a) “Academy proposals” means proposals under section 7 for the establishment of an Academy, and (b) “non-Academy proposals” means proposals under section 7 for the establishment of a school falling within subsection (2)(a) of that section.

(3) In paragraph 4(a) (references to persons by whom proposals under section 7 are made), omit “or in the case of proposals published by the relevant authority under subsection (5)(b) of that section, by the relevant authority,”.

(4) In paragraph 5(b) (requirement to forward objections and comments made in relation to proposals)—

(a) for “referred to” substitute “ to be considered by the Secretary of State or ”;

(b) after “forward to” insert “ the Secretary of State or (as the case may be) ”.

(5) In the heading to Part 2, omit “by Local Authority or Adjudicator”.

(6) For the heading before paragraph 6 substitute “ Consideration of proposals ”.

(7) Before paragraph 6 insert—

(5A) (1) Academy proposals do not require consideration under paragraph 8 (see paragraph 7A instead). (2) If proposals under section 7 consist wholly of non-Academy proposals, the proposals require consideration under paragraph 8. (3) If proposals under section 7 include both Academy proposals and non-Academy proposals, the non-Academy proposals do not require consideration under paragraph 8 unless and until paragraph 7A(5) or (6) applies.

(8) In paragraph 6 (proposals under section 7, 10 or 11 requiring consideration under paragraph 8), omit “7,”.

(9) After paragraph 7 insert—

(7A) (1) This paragraph applies where proposals under section 7 consist of or include Academy proposals. (2) The Secretary of State must decide whether to enter into Academy arrangements as a result of any of the Academy proposals. (3) The Secretary of State must notify the relevant authority of a decision under sub-paragraph (2). (4) Sub-paragraphs (5) and (6) apply where the proposals under section 7 include non-Academy proposals. (5) If the Secretary of State decides not to enter into Academy arrangements as a result of any of the Academy proposals, the non-Academy proposals require consideration under paragraph 8. (6) In any other case, the Secretary of State may direct that all or any of the non-Academy proposals require consideration under paragraph 8.

(10) Omit the heading before paragraph 8.

(11) In paragraph 9 (consideration of proposals that are related to other proposals), for sub-paragraph (2) substitute—

(2) Where proposals within sub-paragraph (2A) appear to the relevant authority to be related to other proposals within that sub-paragraph that have not yet been determined, the authority must consider the proposals together. (2A) The proposals within this sub-paragraph are— (a) proposals under section 7 that require consideration by the authority under paragraph 8; (b) proposals under section 10, 11 or 15.

(12) In paragraph 10(1) (duty to refer to adjudicator certain proposals made by or involving relevant authority), for paragraph (a) substitute—

(a) all the proposals published under section 7 in response to a notice under that section and which— (i) would otherwise require consideration by the authority under paragraph 8, and (ii) consist of or include proposals which relate to the establishment of a foundation school with a foundation falling within sub-paragraph (2);

(13) In paragraph 12 (duty to refer proposals to adjudicator in pursuance of direction of Secretary of State)—

(a) in sub-paragraph (1)(a)—

(i) after “section 7” insert “ and which require consideration under paragraph 8 ”;

(ii) after “determined by the authority” insert “ under that paragraph ”;

(b) in sub-paragraph (1)(b), after “that section” insert “ and which require consideration under paragraph 8, ”;

(14) In paragraph 13 (duty to refer proposals to adjudicator where determination delayed), in paragraph (a), after “section 7” insert “ and which require consideration under paragraph 8 ”.

(15) Omit paragraph 18 and the heading before it (consultation in respect of proposals to establish Academy).

(16) In paragraph 19(4) (determination whether or not to implement proposals under section 15 not requiring consideration under paragraph 8)—

(a) after paragraph (a) insert—

(aa) proposals published under section 7 that require consideration under paragraph 8 and are not yet determined,

;

(b) in paragraph (b), omit “7,”.

(17) Omit paragraph 27 (proposals relating to Academy: implementation).

Other amendments

11

In Schedule 2 to AA 2010 (Academies: amendments), omit paragraph 22.

SCHEDULE 12

Amendments to FHEA 1992

1

FHEA 1992 is amended as follows.

2

After section 16 insert—

(16A) (1) The appropriate authority may not make an order under section 16(1) or (3) unless the authority has published a draft of the proposed order, or of an order in substantially the same form, by such time and in such manner as may be prescribed. (2) A draft proposal or order in respect of an institution which is maintained by a local authority may not be published without the consent of the governing body and the local authority. (3) In this section “the appropriate authority” means— (a) in relation to a proposal or order in respect of an institution in England, the Secretary of State; (b) in relation to a proposal or order in respect of an institution in Wales, the Welsh Ministers.

3

(1) Section 19 (supplementary powers of further education corporations) is amended as follows.

(2) In subsection (4)(c), for “27” substitute “ 27C or 33P ”.

(3) In subsection (4A), after “exercised” insert “ by a further education corporation in Wales ”.

(4) In subsection (4AA), after “exercised” insert “ by a further education corporation in Wales ”.

(5) In subsection (4AB), for “appropriate authority consents” substitute “ Welsh Ministers consent ”.

(6) Omit subsection (4AC).

(7) In subsection (4B)—

(a) after “exercised” insert “ by a further education corporation in Wales ”;

(b) omit “the Chief Executive of Skills Funding or”.

(8) In subsection (4C), omit “the Chief Executive or” and “(as the case may be)”.

(9) In subsection (5)—

(a) after “exercised” insert “ by a further education corporation in Wales ”;

(b) for “appropriate body” substitute “ Welsh Ministers ”.

4

Section 19A (duty in relation to promotion of well-being of local area) is repealed.

5

In section 20 (constitution of further education corporation and conduct of further education institution), for subsection (2) substitute—

(2) Instruments of government and articles of government of further education corporations in England— (a) must comply with the requirements of Part 2 of Schedule 4, and (b) subject to that, may make such other provision as may be necessary or desirable. (2A) Instruments of government and articles of government of further education corporations in Wales— (a) must comply with the requirements of Part 3 of Schedule 4, and (b) subject to that, may make any provision authorised to be made by that Part of that Schedule and such other provision as may be necessary or desirable.

6

For section 22 substitute—

(22) A further education corporation in England may modify or replace their instrument of government or articles of government. (22ZA) (1) Subject to subsections (2) and (3), the Welsh Ministers may— (a) if a further education corporation in Wales 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 the terms of the draft or in such terms as they think fit, and (b) if such a corporation submits draft modifications of an instrument made under paragraph (a), by order modify the instrument in the terms of the draft or in such terms as they think fit. (2) The Welsh Ministers must not make a new instrument otherwise than in the terms of the draft, or modify the instrument otherwise than in the terms of the draft, unless they have consulted the corporation. (3) If the institution conducted by a further education corporation mainly serves the population of England, or receives financial support from the Chief Executive of Skills Funding, the Welsh Ministers must consult the Chief Executive of Skills Funding before making an order under subsection (1). (4) The Welsh Ministers may by order modify, replace or revoke any instrument of government or articles of government of any further education corporation in Wales. (5) An order under subsection (4) may relate to all further education corporations in Wales, to any category of such corporations specified in the order or to any such corporation so specified. (6) Before making an order under subsection (4), the Welsh Ministers must consult— (a) the further education corporation or (as the case may be) each further education corporation to which the order relates, and (b) the Chief Executive of Skills Funding, if the institution conducted by the corporation or (as the case may be) any corporation to which the order relates mainly serves the population of England, or receives financial support from the Chief Executive of Skills Funding. (7) A further education corporation in Wales may, with the consent of the Welsh Ministers— (a) make new articles of government in place of their existing articles, or (b) modify their existing articles. (8) The Welsh Ministers may by a direction under this section require further education corporations in Wales, any class of such corporations specified in the direction or any particular further education corporation so specified— (a) to modify, replace or revoke their articles of government, 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 so specified. (9) Before giving a direction under this section, the Welsh Ministers must consult the further education corporation or (as the case may be) each further education corporation to which the direction applies.

7

For section 27 substitute—

(27) (1) This section applies if a further education corporation in England propose that the corporation should be dissolved. (2) The corporation must publish details of the proposal, and such other information as may be prescribed, in accordance with regulations. (3) The corporation must consult on the proposal, and take account of the views of those consulted, in accordance with regulations. (27A) (1) This section and section 27B apply if, after complying with section 27, a further education corporation in England resolve that the corporation should be dissolved on a specified date. (2) “The dissolution date” means the date specified in a resolution under subsection (1). (3) The corporation must notify the Secretary of State of the resolution and the dissolution date as soon as reasonably practicable. (4) The corporation are dissolved on the dissolution date. (27B) (1) At any time before the dissolution date, the corporation may transfer any of their property, rights or liabilities to such person or body, or a person or body of such description, as may be prescribed. (2) The corporation may do so only with the consent of the person or body concerned. (3) A transfer under subsection (1) has effect on the dissolution date. (4) Subsection (5) applies if a person or body prescribed, or of a description prescribed, under subsection (1) is not a charity established for charitable purposes which are exclusively educational purposes. (5) Any property transferred to the person or body must be transferred on trust to be used for charitable purposes which are exclusively educational purposes. (27C) (1) Subject to the following provisions of this section, the Welsh Ministers may by order provide for— (a) the dissolution of a further education corporation in Wales, and (b) the transfer to any person mentioned in subsection (2) or (3) of property, rights and liabilities of the corporation. (2) Such property, rights and liabilities may, with the consent of the person or body concerned, be transferred to— (a) any person appearing to the Welsh Ministers to be wholly or mainly engaged in the provision of educational facilities or services of any description, or (b) any body corporate established for purposes which include the provision of such facilities or services. (3) Such property, rights and liabilities may be transferred to a higher education funding council. (4) 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 charitable purposes. (5) An order under this section may apply section 26 with such modifications as the Welsh Ministers consider necessary or desirable. (6) Before making an order under this section in respect of a further education corporation, the Welsh Ministers must consult— (a) the corporation, and (b) the Chief Executive of Skills Funding, if the institution conducted by the corporation mainly serves the population of England, or receives financial support from the Chief Executive of Skills Funding.

8

For section 29 substitute—

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.

This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence. legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.