Part IE+W Learning and Skills Council for England

The CouncilE+W

1 The Council.E+W

(1)There shall be a body corporate called the Learning and Skills Council for England.

(2)The Council is to consist of not less than [F110 ] and not more than 16 members appointed by the Secretary of State, and he must appoint one of them as chairman.

(3)In appointing a member the Secretary of State must have regard to the desirability of appointing a person who has experience relevant to the Council’s functions.

(4)Schedule 1 contains provisions about the Council.

(5)[F2Except as provided in section 11, 12 or 13 of the Further Education and Training Act 2007], the Council’s functions are to be carried out in relation to England only.

Main dutiesE+W

2 Education and training for persons aged 16 to 19.E+W

(1)The Council must secure the provision of proper facilities for—

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

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

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

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

(2)Facilities are proper if they are—

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

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

(3)In performing the duty imposed on it by subsection (1) the Council must—

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

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

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

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

[F3(da)act with a view to encouraging diversity in the education and training available to individuals

(db)act with a view to increasing opportunities for individuals to exercise choice; ]

(e)make the best use of the Council’s resources and in particular avoid provision which might give rise to disproportionate expenditure.

(4)Provision is not to be considered as giving rise to disproportionate expenditure only because that provision is more expensive than comparable provision.

(5)For the purposes of this section—

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

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

[F4(ba)training includes training provided in connection with a contract of employment or a contract of apprenticeship;]

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

(d)higher education is education provided by means of a course of any description mentioned in Schedule 6 to the M1Education Reform Act 1988.

3 Education and training for persons over 19.E+W

(1)The Council must secure the provision of reasonable facilities for—

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

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

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

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

[F5(1A)This section does not apply to the provision of facilities to the extent that section 4A applies to the provision of those facilities.]

(2)Facilities are reasonable if (taking account of the Council’s resources) the facilities are of such a quantity and quality that the Council can reasonably be expected to secure their provision.

(3)In performing the duty imposed on it by subsection (1) the Council must—

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

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

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

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

[F6(da)act with a view to encouraging diversity in the education and training available to individuals

(db)act with a view to increasing opportunities for individuals to exercise choice; ]

(e)make the best use of the Council’s resources and in particular avoid provision which might give rise to disproportionate expenditure.

(4)Provision is not to be considered as giving rise to disproportionate expenditure only because that provision is more expensive than comparable provision.

(5)For the purposes of this section—

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

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

[F7(ba)training includes training provided in connection with a contract of employment or a contract of apprenticeship;]

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

(d)higher education is education provided by means of a course of any description mentioned in Schedule 6 to the M2Education Reform Act 1988.

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

(a)education falling within section 2(1)(a) or subsection (1)(a) above, and

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

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

(a)training falling within section 2(1)(b) or subsection (1)(b) above, and

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

4 Encouragement of education and training.E+W

[F8(1)The Council must—

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

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

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

[F9(2)For the purposes of subsection (1)(b), participating in the provision of post-16 training includes participating by entering into—

(a)a contract of apprenticeship, or

(b)a contract of employment under or in connection with which training is provided. ]

[F104ALearning aims for persons over 19: provision of facilitiesE+W

(1)The Council must secure the provision of proper facilities for relevant education or training for persons falling within subsection (3) which is suitable to their requirements.

(2)Relevant education or training is education (other than higher education) or vocational training provided by means of a course of study for a qualification to which paragraph 1 of Schedule 1A applies.

(3)The persons falling within this subsection are persons who—

(a)have attained the age of 19,

(b)do not have the qualification in question or one (including one awarded by a person outside England) which appears to the Council to be at a comparable or higher level, and

(c)satisfy such conditions as may be specified in regulations made by the Secretary of State.

(4)Facilities are proper if they are—

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

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

(5)In performing the duty imposed on it by subsection (1) the Council must—

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

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

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

(d)act with a view to encouraging diversity of education and training available to individuals;

(e)act with a view to increasing opportunities for individuals to exercise choice;

(f)make the best use of the Council's resources and in particular avoid provision which might give rise to disproportionate expenditure;

(g)have regard to any guidance given from time to time by the Secretary of State.

(6)Provision is not to be considered as giving rise to disproportionate expenditure only because that provision is more expensive than comparable provision.

(7)For the purposes of this section—

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

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

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

4BLearning aims for persons over 19: payment of tuition feesE+W

(1)The Council must exercise its functions under this Part so as to secure that a course of study for a qualification to which paragraph 1 of Schedule 1A applies is free to a person falling within subsection (2) if it is provided for the person by virtue of facilities whose provision is secured under section 4A.

(2)A person falls within this subsection if, at the time of starting the course in question, the person—

(a)has attained the age of 19,

(b)does not have the qualification in question or one (including one awarded by a person outside England) which appears to the Council to be at a comparable or higher level, and

(c)satisfies such conditions as may be specified in regulations made by the Secretary of State.

(3)The Council must exercise its functions under this Part so as to secure that a course of study for a qualification to which paragraph 2 of Schedule 1A applies is free to a person falling within subsection (4) if it is provided for the person by virtue of facilities whose provision is secured under section 3.

(4)A person falls within this subsection if, at the time of starting the course in question, the person—

(a)has attained the age of 19 but not the age of 25,

(b)does not have the qualification in question or one (including one awarded by a person outside England) which appears to the Council to be at a comparable or higher level, and

(c)satisfies such conditions as may be specified in regulations made by the Secretary of State.

(5)In performing a duty imposed on it by this section, the Council must have regard to any guidance given from time to time by the Secretary of State.

(6)The Secretary of State may by order—

(a)amend subsection (2)(a) by substituting a different age for the age for the time being referred to;

(b)amend subsection (4)(a) by substituting a different age for either of the ages for the time being referred to.

(7)For the purposes of this section, a course is free to a person if no tuition fees in respect of the provision of the course for the person are payable by a person other than—

(a)the Council, or

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

(8)In subsection (7), “tuition fees”, in relation to a course, means—

(a)the fees charged in respect of the course by the person providing it, and

(b)such fees in respect of other matters relating to the course (such as undergoing a preliminary assessment or sitting an examination) as may be specified in regulations made by the Secretary of State.

4CSections 4A and 4B: supplementaryE+W

(1)The Secretary of State may by regulations make provision as to circumstances in which—

(a)despite having a specified qualification, a person is to be treated for the purposes of section 4A or 4B as not having that qualification;

(b)despite not having a specified qualification, a person is to be treated for any of those purposes as having that qualification.

(2)A condition specified in regulations under section 4A or 4B may, in particular, relate to—

(a)the possession, or lack, of a specified qualification;

(b)the completion of, or failure to complete, a course for a specified qualification.

(3)A reference in subsection (1) or (2) to a specified qualification is to a qualification specified, or of a description specified, in the regulations.

(4)Regulations under this section, or under section 4A or 4B, may confer a function (which may relate to the administration of an assessment and may include the exercise of a discretion) on a person specified, or of a description specified, in the regulations.

(5)Part 2 of Schedule 1A makes further provision for the purposes of sections 4A and 4B.]

Main powersE+W

5 Provision of financial resources.E+W

(1)The Council may secure the provision of financial resources to—

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

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

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

(d)persons providing or proposing to provide courses falling within paragraph 1(g) or (h) of Schedule 6 to the M3Education Reform Act 1988 (courses in preparation for professional examinations at a higher level or providing education at a higher level);

(e)institutions within the further or higher education sector (within the meaning of section 91 of the M4Further and Higher Education Act 1992) which provide or propose to provide secondary education (other than post-16 education);

[F11( ea )persons providing or proposing to provide, wholly or partly at the premises of an employer, education or training that is suitable to the requirements of pupils who—

(i)have attained the age of 15 or will attain that age in the current school year, but

(ii)have not ceased to be of compulsory school age;]

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

(g)persons providing or proposing to provide facilities described in section 8(1) or (2);

(h)persons carrying out means tests under arrangements made under section 9;

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

(2)The Council may secure the provision of financial resources under subsection (1)—

(a)by providing resources itself;

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

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

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

[F12( 4 ) For the purposes of subsection (1)(ea) “ compulsory school age ”, “ pupil ” and “ school year ” have the same meaning as in the Education Act 1996. ]

6 Financial resources: conditions.E+W

(1)If the Council itself provides financial resources it may impose conditions; and the conditions may include any provisions described below.

(2)The conditions may—

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

(b)require a person to whom financial resources are provided to give to the Council information it requests for the purpose of carrying out its functions.

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

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

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

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

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

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

(f)for the provider to make provision specified in a report of an assessment conducted under section [F13139A or] 140.

(4)F14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)The conditions may—

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

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

(6)F14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7 Funding of school sixth-forms.E+W

(1)The Council may make a grant to a local education authority—

(a)on the condition that the grant be applied as part of the authority’s [F15schools budget] for a [F16funding period], and

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

(2)A grant made under this section may be made on conditions in addition to the condition mentioned in subsection (1)(a) (including conditions of a kind which could be imposed under section 6).

[F17(3)In this section—

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

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

8 Links between education and training and employment.E+W

(1)The Council may secure the provision of facilities for the gaining of work experience by young persons receiving education.

(2)The Council may secure the provision of facilities designed to form links between (on the one hand) employers and (on the other) persons falling within subsection (3).

(3)The persons falling within this subsection are—

(a)persons who provide education or training, and

(b)persons who receive it and who have not attained the age of 19.

(4)A person is a young person in the period which—

(a)starts with the beginning of the year in which he attains the age of 15, and

(b)ends with the end of the year in which he attains the age of 19.

(5)A year is a year beginning with 1 September.

9 Assessments and means tests.E+W

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

(2)The Council may take the assessments into account in deciding how to exercise its powers under section 5.

(3)The Council may—

(a)carry out means tests;

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

(4)The Council may take the results of the tests into account in exercising its power under section 5(1)(c) [F18or 11A(1)(b)].

10 Qualifying accounts and arrangements.E+W

(1)The Council may promote—

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

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

(2)The Council—

(a)may be specified as a body with which arrangements under section 105 may be made;

(b)may be designated by the Secretary of State under section 107(1) or (3) and may act in accordance with such a designation;

(c)may make arrangements under provision made under section 108(5)(d);

(d)may be designated by the Secretary of State in exercise of a power conferred on him under section 108(6)(b) or (7)(b) and may act in accordance with such a designation.

11 Further education: governors.E+W

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

(a)falls within the further education sector (within the meaning given by section 91(3) of the M5Further and Higher Education Act 1992), and

(b)mainly serves the population of England.

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

Other functionsE+W

[F1911ASupport schemes relating to education and training for persons aged 10 to 15E+W

(1)The Council may—

(a)make and carry on one or more schemes for the purpose of encouraging 10 to 15 year olds to undergo relevant education or training, and

(b)secure the provision of financial resources to such persons who are receiving or proposing to receive relevant education or training in pursuance of such a scheme.

(2)Sections 5(2) and (3) and 6(1), (2) and (5) apply in relation to the provision of financial resources under subsection (1)(b) as they apply in relation to the provision of financial resources under section 5(1)(c).

(3)In this section—

• “ 10 to 15 year olds ” means persons who have attained the age of 10 but have not ceased to be of compulsory school age;

• “ relevant education ” means—

  (a)

  education (other than higher education) suitable to the requirements of 10 to 15 year olds, and

  (b)

  organised leisure-time occupation connected with such education;

• “ relevant training ” means—

  (a)

  training suitable to the requirements of 10 to 15 year olds, and

  (b)

  organised leisure-time occupation connected with such training.

(4)Subsection (5) of section 2 has effect for the purposes of the definitions of “relevant education” and “relevant training” in subsection (3) above as it has effect for the purposes of that section.]

12 Research and information.E+W

(1)The Council may carry out research relating to any matter relevant to any of its functions.

(2)The Council must provide the Secretary of State with such information or advice as he requests about any matter in relation to which the Council has a function.

(3)The Council may provide the Secretary of State with such information or advice as it thinks fit about any matter in relation to which it has a function.

(4)The Council may provide any person designated by the Secretary of State with such information as the Council thinks fit about any matter in relation to which it has a function.

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

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

13 Persons with learning difficulties.E+W

(1)In discharging its functions under sections 2, 3, [F204A, 4B,] 5(1)(a) to (d) and (g) [F21, 8 and 11A] the Council must have regard—

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

(b)in particular, to any report of an assessment conducted under section [F22139A or] 140.

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

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

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

(5)A person has a learning difficulty if—

(a)he has a significantly greater difficulty in learning than the majority of persons of his age, or

(b)he has a disability which either prevents or hinders him from making use of facilities of a kind generally provided by institutions providing post-16 education or training.

(6)But a person is not to be taken to have a learning difficulty solely because the language (or form of language) in which he is or will be taught is different from a language (or form of language) which has at any time been spoken in his home.

[F23(7)In its application for the purposes of subsection (1) in relation to the functions of the Council under section 11A, the reference in subsection (5)(b) to “post-16 education or training” is to be read as a reference to “relevant education or training” (within the meaning of section 11A).]

14 Equality of opportunity.E+W

(1)In exercising its functions the Council must have due regard to the need to promote equality of opportunity—

(a)between persons of different racial groups,

(b)between men and women, and

(c)between persons who are disabled and persons who are not.

(2)As soon as is reasonably practicable after the end of each financial year of the Council it must publish a report containing—

(a)a statement of the arrangements made under subsection (1) and having effect in the year;

(b)an assessment of how effective the arrangements were in promoting equality of opportunity.

(3)The report must also contain a statement of the arrangements which the Council has made, or proposes to make, under subsection (1) in respect of the financial year immediately following that referred to in subsection (2).

(4)The Council must send a copy of the report to the Secretary of State.

(5)“Racial group” has the same meaning as in the M6Race Relations Act 1976.

(6)Disabled persons are persons who are disabled for the purposes of the M7Disability Discrimination Act 1995.

[F2414AConsultation E+W

(1)In exercising its functions the Council must have regard to any guidance given from time to time by the Secretary of State about consultation with—

(a)persons receiving or proposing to receive post-16 education or training,

(b)employers, or

(c )such other persons as may be specified in such guidance, in connection with the taking of decisions affecting them.

(2)Any guidance under this section about consultation with persons falling within paragraph (a) of subsection (1) must provide for the views of such a person to be considered in the light of his age and understanding. ]

15 Plans.E+W

(1)The Council—

(a)must make and publish a plan for [F25each academic year];

(b)may make and publish such other plans as it thinks fit.

F26(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)A plan for [F27an academic year] must be published before the year starts.

(4)A plan for [F28an academic year] must include—

(a)proposals as to how the Council intends to achieve in [F29the academic year] any objectives which should be achieved in the year in conformity with directions of the Secretary of State or with conditions imposed under section 27;

(b)the Council’s financial proposals for the year.

[F30(5)In this section “academic year” means—

(a)the period starting with the 1 April following the date on which section 8 of the Further Education and Training Act 2007 comes into force and ending with the second 31 July following that 1 April;

(b)each successive period of 12 months. ]

16 Strategy.E+W

(1)The Council must formulate a strategy in relation to its functions and keep it under review.

(2)The Council must have regard to the strategy in exercising its functions.

(3)The strategy must include proposals as to how the Council intends to develop the skills of persons in employment; but this does not affect the generality of subsection (1).

(4)The Council must incorporate in the strategy proposals as to—

(a)how it intends to achieve any objectives contained in directions of the Secretary of State;

(b)how it intends to achieve such objectives within any time limits contained in such directions.

17 Use of information by Council.E+W

In carrying out its functions the Council must have regard to information supplied to it by any body designated by the Secretary of State for the purposes of this section.

18 Supplementary functions.E+W

(1)The Council may do anything which appears to it to be necessary or expedient for the purpose of or in connection with the exercise of its other functions.

(2)In particular it may—

(a)acquire and dispose of land and other property;

(b)enter into contracts;

(c)invest sums not immediately needed for the purpose of exercising its other functions;

(d)accept financial resources (whether as gifts or otherwise);

(e)accept gifts of land and other property.

(3)But the Council has no power—

(a)to borrow money;

(b)to lend money unless the Secretary of State consents;

[F31(c)to form, participate in forming or invest in a company unless the Secretary of State consents;

(d)to 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) unless the Secretary of State consents. ]

(4)The Secretary of State may by order confer or impose on the Council such supplementary powers or duties relating to the provision of post-16 education or training as he thinks fit.

(5)For the purposes of subsection (4) a power or duty is supplementary if—

(a)it is exercisable in connection with functions of the Secretary of State, and

(b)it is relevant to the provision of facilities for post-16 education or training.

[F32(6)The Secretary of State may by order confer or impose on the Council such powers or duties falling within subsection (7) as he thinks fit.

(7)A power or duty falls within this subsection if it is exercisable in connection with—

(a) the Secretary of State's function under section 509AA(9) of the Education Act 1996 (power to direct LEA to make arrangements additional to those specified in transport policy statement), or

(b)any function of the Secretary of State under any of sections 496 to 497B of the Education Act 1996 as regards anything done, proposed to be done or omitted to be done by a local education authority in England under section 509AA or 509AB of that Act.]

[F33(8)The reference in this section 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.]

[F34Regional councilsE+W

18ARegional councilsE+W

(1)The Council must establish a committee (to be called a regional learning and skills council) for each area of England specified by the Secretary of State.

(2)The Secretary of State may by regulations make provision about regional councils

(3)Regulations under subsection (2) may, in particular, make provision about—

(a)the membership of a regional council;

(b)the appointment of the members of a regional council;

(c)the appointment of a member of a regional council as chairman;

(d)the holding and vacation of office as a member or chairman of a regional council (including a person's re-appointment, resignation and removal from office);

(e)the appointment by the Council of its employees as staff of a regional council;

(f)the delegation of functions by a regional council to its chairman;

(g)the delegation by the chairman of a regional council of functions that he is authorised to exercise to a member of the regional council;

(h)the delegation of functions by a regional council, with the consent of the Council, to a member of staff of the regional council

(i)the payment by the Council of such salaries and such travelling, subsistence and other allowances to the chairman and other members of a regional council as the Secretary of State may determine

(j)the provision of information to the Secretary of State;

(k)the attendance of a representative of the Secretary of State at, and the participation of such a representative in, any meeting of a regional council;

(l)the validity of the proceedings of a regional council;

(m)the regulation by a regional council of its own procedure.

(4)Regulations made by virtue of subsection (3)(a) may provide for the membership of a regional council to include persons who are not members of the Council.

(5)A consent given under subsection (3)(h) by the Council may relate to a particular function or to such descriptions of function as may be specified in the consent.

18BFunctions of regional councilsE+W

(1)A regional council—

(a)must perform in relation to its area such of the Council's duties as the Council specifies;

(b)may exercise in relation to its area such of the Council's powers as the Council specifies.

(2)A regional council—

(a)must perform in relation to such places outside its area as the Council specifies such of the Council's duties as the Council specifies;

(b)may exercise in relation to such places outside its area as the Council specifies such of the Council's powers as the Council specifies.

18CGuidance to regional councilsE+W

(1)In relation to each financial year of the Council it must prepare guidance for each regional council.

(2)The guidance must include objectives which a regional council should achieve in seeking to carry out its functions.

(3)The guidance must set a regional council's budget for the financial year.

(4)The Council must consult the regional development agencies and local authorities on the guidance.

(5)After consulting under subsection (4) and (if appropriate) altering the guidance the Council must issue the guidance to the regional council.

(6)The guidance in relation to the financial year of the Council in which section 2 of the Further Education and Training Act 2007 comes into force must be prepared as soon as reasonably practicable after that section comes into force.

(7)The guidance in relation to any subsequent financial year of the Council must be prepared in time for the guidance to be issued before the financial year starts.

(8)A regional development agency is a development agency established by section 1 of the Regional Development Agencies Act 1998.]

Local councilsE+W

F3519 Local councils.E+W

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

F3520 Functions of local councils.E+W

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

F3521 Guidance to local councils.E+W

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

F3522 Plans of local councils.E+W

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

F3523 Duty of local education authorities.E+W

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

F3524 Guidance and plans: timing.E+W

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

MiscellaneousE+W

[F3624AStrategies for functions of Council E+W

(1)The Secretary of State may by order specify an area in England as an area for which a body specified in the order may formulate and keep under review a strategy setting out how such functions of the Council as are specified in the order are to be carried out in relation to the area.

(2)An order under subsection (1) may specify an area comprising the whole of England.

(3)An order under subsection (1) may not specify an area in England consisting only of Greater London or a part of Greater London.

(4)The Secretary of State may give to a body specified in an order under subsection (1) directions and guidance in relation to the formulation and review of its strategy, in particular in relation to—

(a)the form and content of the strategy;

(b)the updating of the strategy;

(c)the steps to be taken when the body is formulating or reviewing the strategy;

(d)the matters to which the body is to have regard when formulating or reviewing the strategy;

(e)the consultation to be carried out when the body is formulating or reviewing the strategy.

(5)It is the duty of a body specified in an order under subsection (1) to comply with any directions given to it by the Secretary of State under subsection (4).

(6)It is the duty of a body specified in an order under subsection (1) to have regard to any guidance given to it by the Secretary of State under subsection (4).

(7)The Council may pay to a body specified in an order under subsection (1) such sums as appear to the Council appropriate for enabling the body to meet costs and expenses incurred, or to be incurred, by it in formulating its strategy or keeping it under review.

24BStrategy for functions of Council: Greater London E+W

(1)The Secretary of State must by regulations provide for the establishment of a body for the purposes of discharging the functions set out in subsection (2).

(2)The body established under this section must—

(a)formulate a strategy setting out how specified functions of the Council are to be carried out in Greater London, and

(b)keep it under review.

(3)Specified functions are functions of the Council specified for the purposes of this section by order of the Secretary of State.

(4)The Secretary of State may give to the body established under this section directions and guidance in relation to the formulation and review of its strategy, in particular in relation to—

(a)the form and content of the strategy;

(b)the updating of the strategy;

(c)the steps to be taken when the body is formulating or reviewing the strategy;

(d)the matters to which the body is to have regard when formulating or reviewing the strategy;

(e)the consultation to be carried out when the body is formulating or reviewing the strategy.

(5)It is the duty of the body established under this section to comply with any directions given to it by the Secretary of State under subsection (4).

(6)It is the duty of the body established under this section to have regard to any guidance given to it by the Secretary of State under subsection (4).

(7)Where the body established under this section formulates a strategy under this section, or in consequence of a review of the strategy modifies it, the body must publish the strategy or modified strategy in such manner as it thinks fit .

(8)Regulations under this section must include—

(a)provision for the body to consist of the Mayor of London and such other persons as are appointed by the Mayor in accordance with the regulations;

(b)provision for the Mayor to be the chairman of the body.

(9)The Council may pay to the body established under this section such sums as appear to the Council appropriate for enabling the body to meet costs and expenses incurred, or to be incurred, by it in formulating its strategy or keeping it under review.

(10)The Council may pay to the Greater London Authority such sums as appear to the Council appropriate for enabling the Authority to meet costs and expenses incurred, or to be incurred, by the Mayor in connection with the exercise of functions conferred on him by regulations under this section or as chairman of the body established under this section.

24CDuty of Council E+W

(1)The Council must carry out any function to which a strategy under section 24A or 24B relates in accordance with that strategy.

(2)Subsection (1) is subject to the following provisions of this section.

(3)The Council may not carry out a function in accordance with such a strategy if in doing so it would fail to comply with a duty imposed on it by or under any enactment other than subsection (1).

(4)If provision in the Council’s strategy under section 16 conflicts with provision in a strategy under section 24A (or section 24B), the Council may disregard the provision in the strategy under section 24A (or section 24B) so far as it conflicts with the provision in the Council’s strategy under section 16.

(5)If provision in a strategy under section 24A conflicts with provision in another strategy, being a strategy under section 24A or section 24B, the Council may disregard such conflicting provision in one of the strategies or in both of them.

(6)The Council may disregard a strategy under section 24A (or section 24B) if the body whose strategy it is, in formulating or reviewing the strategy—

(a)failed to comply with directions given under section 24A(4) (or section 24B(4)), or

(b)failed to have regard to guidance given under section 24A(4) (or section 24B(4)).

(7)Nothing in subsection (1) requires the Council to carry out any of its functions in a manner that it is satisfied—

(a)would be unreasonable, or

(b)might give rise to disproportionate expenditure.

(8)If the Council proposes not to carry out, or does not carry out, a function to which a strategy under section 24A or 24B relates in accordance with the strategy—

(a)the Council must refer the matter to the Secretary of State;

(b)the body whose strategy it is may refer the matter to the Secretary of State.

(9)On a reference under subsection (8) the Secretary of State may give such direction to the Council as he thinks fit as to the carrying out of the function.

(10)The Council must comply with any direction that the Secretary of State may give it under subsection (9). ]

25 Directions.E+W

(1)The Secretary of State may give directions to the Council; and the directions may include any provisions described in subsections (2) to (4).

(2)Directions may contain—

(a)objectives which the Council should achieve in seeking to carry out its functions;

(b)time limits within which the Council should achieve the objectives;

(c)provision relating to the management of the Council.

(3)Subsection (4) applies if the Secretary of State is satisfied that the Council—

(a)has failed to discharge a duty imposed by or under any Act, or

(b)has acted or is proposing to act unreasonably with respect to the exercise of a power conferred or the performance of a duty imposed by or under any Act.

(4)In such a case directions may contain such provision as the Secretary of State thinks fit as to the exercise of the Council’s powers and performance of its duties.

(5)Directions may contain provision described in subsection (4) despite any enactment making the exercise of a power or performance of a duty contingent on the Council’s opinion.

(6)Directions may not concern the provision of financial resources in respect of activities carried on by a particular person or persons.

(7)If the Secretary of State asks the Council to do so, it must advise him on the formulation of objectives and time limits.

(8)The Council must comply with any directions given to it by the Secretary of State.

26 Committees.E+W

Schedule 3 contains provisions about committees.

27 Grants to Council.E+W

(1)The Secretary of State may make grants to the Council of such amounts and subject to such conditions as he thinks fit; and the conditions may include any provisions described below.

(2)The conditions may set the Council’s budget for any of its financial years.

(3)The conditions may—

(a)require the Council to use the grants for specified purposes;

(b)require the Council to comply with specified requirements in respect of every person (or every person of a specified class or description) in securing the provision of specified financial resources to such persons;

(c)enable the Secretary of State to require the repayment, in whole or in part, of sums paid by him if any condition imposed is not complied with;

(d)require the payment of interest in respect of any period during which a sum due to the Secretary of State in accordance with any condition remains unpaid.

(4)Requirements which may be imposed under subsection (3)(b) include in particular requirements that, if the Council itself provides specified financial resources, it is to impose specified conditions.

(5)The Secretary of State may not impose conditions which relate to the Council’s securing of the provision of financial resources to a particular person or persons.

28 Annual report.E+W

(1)As soon as is reasonably practicable after the end of each financial year of the Council it must prepare a report on its activities in that year and send a copy of the report to the Secretary of State.

(2)A report—

(a)must be in such form and contain such information as the Secretary of State may specify in directions to the Council;

(b)must set out any other directions given to the Council under this Part in the financial year to which the report relates.

(3)Following receipt of a copy of a report under this section the Secretary of State must lay a copy of it before each House of Parliament and arrange for copies of it to be published in such manner as he thinks appropriate.

29 Council’s financial year.E+W

A financial year of the Council is—

(a)the period starting with the date on which it is established and ending with the second 31 March following that date;

(b)each successive period of 12 months.

Part IIE+W [F37Further Education and Sixth Form Education: Wales]

F38...E+W

F3930 The Council.E+W

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

Main dutiesE+W

31 Education and training for persons aged 16 to 19.E+W

(1)The [F40National Assembly for Wales (the National Assembly)] must secure the provision of proper facilities for—

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

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

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

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

(2)Facilities are proper if they are—

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

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

(3)In performing the duty imposed on it by subsection (1) the [F41National Assembly] must—

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

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

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

(d)take account of facilities whose provision the [F41National Assembly] thinks might reasonably be secured by other persons;

F42(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F43(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)For the purposes of this section—

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

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

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

(d)higher education is education provided by means of a course of any description mentioned in Schedule 6 to the M8Education Reform Act 1988.

32 Education and training for persons over 19.E+W

(1)The [F44National Assembly] must secure the provision of reasonable facilities for—

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

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

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

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

F45(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)In performing the duty imposed on it by subsection (1) the [F46National Assembly] must—

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

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

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

(d)take account of facilities whose provision the [F46National Assembly] thinks might reasonably be secured by other persons;

F47(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F48(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)For the purposes of this section—

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

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

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

(d)higher education is education provided by means of a course of any description mentioned in Schedule 6 to the M9Education Reform Act 1988.

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

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

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

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

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

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

33 Encouragement of education and training.E+W

The [F49National Assembly] must—

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

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

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

Main powersE+W

34 Provision of financial resources.E+W

(1)The [F50National Assembly] may secure the provision of financial resources to—

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

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

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

(d)persons providing or proposing to provide courses falling within paragraph 1(g) or (h) of Schedule 6 to the M10Education Reform Act 1988 (courses in preparation for professional examinations at a higher level or providing education at a higher level);

(e)institutions within the further or higher education sector (within the meaning of section 91 of the M11Further and Higher Education Act 1992) which provide or propose to provide secondary education (other than post-16 education);

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

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

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

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

(2)The [F51National Assembly] may secure the provision of financial resources under subsection (1)—

(a)by providing resources itself;

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

(c)by making arrangements for the provision of resources by persons jointly (whether or not including the [F51National Assembly]).

(3)In exercising its power under subsection (1)(c) the [F50National Assembly] may secure the provision of financial resources by reference to any fees or charges payable by the person receiving or proposing to receive the education or training or to any other matter (such as transport or childcare).

35 Financial resources: conditions.E+W

(1)If the [F52National Assembly] itself provides financial resources [F53under section 34]it may impose conditions; and the conditions may include any provisions described below.

(2)The conditions may—

(a)require the [F54National Assembly] or a person designated by it to be allowed access to a person’s accounts and documents and to be given rights in relation to a person’s computers and associated apparatus and material;

(b)require a person to whom financial resources are provided to give to the [F55National Assembly] information it requests for the purpose of carrying out its functions.

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

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

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

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

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

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

(f)for the provider to make provision specified in a report of an assessment conducted under section [F56139A or] 140.

(4)F57. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)The conditions may—

(a)enable the [F58National Assembly] to require the repayment (in whole or part) of sums paid by the [F58National Assembly] if any of the conditions subject to which the sums were paid is not complied with;

(b)require the payment of interest in respect of any period in which a sum due to the [F58National Assembly] in accordance with any condition is unpaid.

(6)F57. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

36 Funding of school sixth-forms.E+W

(1)The [F59National Assembly] may make a grant to a local education authority—

(a)on the condition that the grant be applied as part of the authority’s [F60schools budget] for a financial year, and

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

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

(3)“[F61Schools budget]” has the same meaning as in Part II of the M12School Standards and Framework Act 1998 (framework for maintained schools).

37 Assessments and means tests.E+W

(1)The [F62National Assembly] may develop schemes for the assessment of the performance of persons in providing post-16 education and training.

(2)The [F62National Assembly] may take the assessments into account in deciding how to exercise its powers under section 34.

(3)The [F62National Assembly] may—

(a)carry out means tests;

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

(4)The [F62National Assembly] may take the results of the tests into account in exercising its power under section 34(1)(c).

38 Qualifying accounts and arrangements.E+W

(1)The [F63National Assembly] may promote—

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

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

F64(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

39 Further education: governors.E+W

(1)The [F65National Assembly] may appoint a person to be a member of the governing body of an institution which—

(a)falls within the further education sector (within the meaning given by section 91(3) of the M13Further and Higher Education Act 1992), and

(b)mainly serves the population of Wales.

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

Other functionsE+W

40 Research and information.E+W

F66(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F66(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F66(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F66(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)The [F67National Assembly] must establish systems for collecting information which is designed to secure that its decisions with regard to education and training are made on a sound basis.

(6)The [F67National Assembly] may secure the provision of facilities for providing information, advice or guidance about education or training or connected matters (including employment).

41 Persons with learning difficulties.E+W

(1)In discharging its functions under sections 31, 32 and 34(1)(a) to (d) and (g) the [F68National Assembly] must have regard—

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

(b)in particular, to any report of an assessment conducted under section [F69139A or] 140.

(2)If the [F70National Assembly] is satisfied that it cannot secure the provision of facilities for education or training which are sufficient in quantity and adequate in quality for a person with a learning difficulty who is over compulsory school age but who has not attained the age of 19 unless it also secures the provision of boarding accommodation for him, the [F70National Assembly] must secure the provision of boarding accommodation for him.

(3)If the [F70National Assembly] is satisfied that it cannot secure the provision of reasonable facilities for education or training for a person with a learning difficulty who has attained the age of 19 but not the age of 25 unless it also secures the provision of boarding accommodation for him, the [F70National Assembly] must secure the provision of boarding accommodation for him.

(4)If the [F70National Assembly] is satisfied that it cannot secure the provision of reasonable facilities for education or training for a person with a learning difficulty who has attained the age of 25 unless it also secures the provision of boarding accommodation for him, the [F70National Assembly] may secure the provision of boarding accommodation for him.

(5)A person has a learning difficulty if—

(a)he has a significantly greater difficulty in learning than the majority of persons of his age, or

(b)he has a disability which either prevents or hinders him from making use of facilities of a kind generally provided by institutions providing post-16 education or training.

(6)But a person is not to be taken to have a learning difficulty solely because the language (or form of language) in which he is or will be taught is different from a language (or form of language) which has at any time been spoken in his home.

F7142 Equality of opportunity.E+W

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

F7143 Plans.E+W

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

F7144 Strategy.E+W

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

F7145 Use of information by Council.E+W

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

F7146 Supplementary functions.E+W

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

MiscellaneousE+W

F7147 Directions.E+W

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

F7148 Committees.E+W

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

F7149 Grants to Council.E+W

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

F7150 Annual report.E+W

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

F7151 Council’s financial year.E+W

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

Part IIIE+W Inspections in England

Chapter 1E+WThe Adult Learning Inspectorate

The InspectorateE+W

F7252The Inspectorate.E+W

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

F7253The Inspectorate’s remit.E+W

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

Functions of the Inspectorate and the Chief InspectorE+W

F7254Functions of the Inspectorate and Chief Inspector.E+W

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

F7255Inspections under section 54.E+W

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

F7256General powers.E+W

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

F7257Right of entry and offences.E+W

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

F7258Action plans.E+W

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

F7259Annual report.E+W

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

Chapter IIE+WHer Majesty’s Chief Inspector of Schools in England

The Chief Inspector’s extended remitE+W

F7260The extended remit.E+W

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

Additional functionsE+W

F7261Additional functions of the Chief Inspector.E+W

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

F7262Inspection of further education institutions.E+W

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

F7263Right of entry and offences.E+W

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

F7264 Action plans.E+W

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

F7265Area inspections.E+W

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

F7266Reports of area inspections.E+W

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

F7267Action plans following section 65 inspections.E+W

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

F7268Further powers of the Chief Inspector.E+W

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

Chapter IIIE+WThe Common Inspection Framework and Joint Inspections

The Common Inspection FrameworkE+W

F7269The framework.E+W

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

F7270Preparation of the framework.E+W

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

Joint inspectionsE+W

F7271Joint inspections.E+W

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

Chapter IVE+WGeneral

F7272Defamation.E+W

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

Part IVU.K. Inspections in Wales

New titlesE+W

73 Inspectors of Education and Training in Wales.E+W

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

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

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

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

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

74 Some defined terms.E+W

(1)In this Part—

• F73...

• “the National Assembly” means the National Assembly for Wales.

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

Extended remitE+W

75 The extended remit of the Chief Inspector for Wales.E+W

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

(a)education or training for persons aged 16 or over where the provider of the education or training is given financial support by the [F74National Assembly in the discharge of its functions under Part 2] or by a local education authority in Wales (either generally or for a specific purpose);

(b)education or training for persons aged 16 or over where the [F74National Assembly in the discharge of its functions under Part 2] is, or a local education authority in Wales are, contemplating giving the provider of the education financial support (either generally or for a specific purpose);

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

(d)further education provided by a school under section 80 of the M14School Standards and Framework Act 1998;

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

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

(a)to education of a kind that may be inspected under [F75Part 1 of the Education Act 2005]; or

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

Additional functionsE+W

76 Additional functions of the Chief Inspector for Wales.E+W

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

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

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

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

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

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

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

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

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

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

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

(a)advice given by the National Assembly; and

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

77 Inspections.E+W

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

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

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

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

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

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

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

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

(a)the National Assembly;

F76(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

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

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

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

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

78 General powers.E+W

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

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

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

(a)which is not of that kind, but

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

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

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

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

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

79 Right of entry and offences.E+W

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

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

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

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

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

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

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

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

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

as the Chief Inspector for Wales may reasonably require.

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

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

80 Action plans.E+W

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

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

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

(b)under section 83.

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

(4)The person making the statement must—

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

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

F7781 Inspections of careers services etc.E+W

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

82 Inspections of education and training provided under 1973 Act arrangements.E+W

(1)The Chief Inspector for Wales may, at the request of the Secretary of State or [F78the Chief Inspector for England ], inspect any education or training provided in Wales by the Secretary of State in accordance with arrangements made under section 2 of the M15Employment and Training Act 1973.

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

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

(4)A report of an inspection conducted under this section at the request of [F79the Chief Inspector for England must be given to that Chief Inspector].

(5)[F80The Chief Inspector for England] may arrange for the report to be published in such manner as [F81he] considers appropriate.

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

[F82(7)In this section “the Chief Inspector for England” means Her Majesty's Chief Inspector of Education, Children's Services and Skills.]

83 Area inspections.E+W

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

(a)the quality and availability of a specified description of education or training, in a specified area in Wales, for persons who are aged [F8315] or over;

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

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

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

(3)If financial resources have been applied by the [F84National Assembly] or a local education authority in respect of education or training which is being inspected under this section, the inspection may extend to considering the manner in which those resources have been applied and whether they have been applied in a way which provides value for money.

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

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

(6)The [F84National Assembly] and any local education authority within the area which is the subject of an area inspection must provide such information as the Chief Inspector for Wales may reasonably require in connection with the inspection.

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

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

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

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

[F85(11) In subsection (1)(a) “ persons who are aged 15 ” includes persons for whom education is being provided at a school who will attain that age in the current school year; and for this purpose “ school ” and “ school year ” have the same meaning as in the Education Act 1996. ]

84 Action plans following section 83 inspections.E+W

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

F86(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(4)In preparing the statement F87... the authority must consult such persons as the National Assembly may direct.

(5)The person making the statement must—

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

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

85 Studies across Wales or of provision made outside Wales.E+W

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

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

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

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

86 Annual reports.E+W

(1)The annual report of the Chief Inspector for Wales required by [F88section 21(1)(a) of the Education Act 2005] must include an account of the exercise of functions of the Chief Inspector for Wales under this Part.

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

87 Annual plan of the Chief Inspector for Wales.E+W

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

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

(3)The plan must contain estimates of—

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

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

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

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

(6)“The 1998 Act” means the M16Government of Wales Act 1998.

88 Defamation.E+W

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

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

Part VU.K. Miscellaneous and general

Further Education Funding CouncilsE+W

89 Dissolution of FEFC for England.E+W

(1)On the appointed day—

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

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

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

F8990 Preliminary transfers: FEFC for England.E+W

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

F9091 Dissolution of FEFC for Wales.E+W

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

Other transfersE+W

92 Transfers: England.E+W

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

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

(3)The Secretary of State may make a scheme providing for the transfer to any listed person of any of the property, rights and liabilities of a person with whom the Secretary of State has made arrangements under section 2 of the M17Employment and Training Act 1973 (arrangements regarding employment).

(4)The listed persons are—

(a)the Learning and Skills Council for England;

F91(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F91(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

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

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

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

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

F9293 Transfers: Wales.E+W

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

Transfers: further provisionE+W

94 Stamp duty.E+W

(1)A transfer effected by virtue of section 89 F93... is not to give rise to liability to stamp duty.

(2)Stamp duty is not to be chargeable on a scheme made under [F94section 92].

[F9594A.Stamp duty land taxE+W

(1)For the purposes of stamp duty land tax, a land transaction effected by a scheme under section 92 or 93 is exempt from charge.

(2)Relief under this section must be claimed in a land transaction return or an amendment of such a return.

(3)In this section—

• “land transaction” has the meaning given by section 43(1) of the Finance Act 2003;

• “land transaction return” has the meaning given by section 76(1) of that Act.]

95 Contracts of employment.E+W

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

(a)section 89 F96... or

(b)a scheme under [F97section 92].

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

(3)For the purposes of Part XI of the M18Employment Rights Act 1996 (redundancy payments etc) the employee is not to be regarded as having been dismissed by virtue of the transfer.

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

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

(6)For the purposes of this section—

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

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

External qualificationsE+W

96 Persons under 19.E+W

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

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

(b)which leads to an external qualification, and

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

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

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

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

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

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

(5)An external qualification is a qualification awarded or authenticated by an outside person, other than a qualification resulting from any of these courses—

(a)a course for the further training of teachers or youth and community workers;

(b)a post-graduate course (including a higher degree course);

(c)a first degree course;

(d)a course for the Diploma of Higher Education;

(e)a course for the Certificate in Education.

(6)A qualification is awarded by an outside person if it is awarded by a person other than—

(a)the school or institution or employer, or

(b)a member of the staff of the school or institution or employer.

(7)A qualification is authenticated by an outside person if it is awarded by the school or institution or employer and is authenticated by a person other than—

(a)the school or institution or employer, or

(b)a member of the staff of the school or institution or employer.

(8)These are maintained schools—

(a)a community, foundation or voluntary school;

(b)a community or foundation special school.

97 Persons over 19.E+W

(1)This section applies if an institution or employer—

(a)receives financial resources from an authorised body (as defined in section 100), and

(b)provides for persons who have attained the age of 19 a course of education or training which leads to an external qualification.

(2)The authorised body must carry out its functions with a view to securing that, unless the external qualification is approved under section 98 or 99, the institution or employer does not make a payment which—

(a)is a payment in respect of the qualification,

(b)is made to the outside person who awards or authenticates the qualification, and

(c)can reasonably be said to consist of or come from the financial resources received from the authorised body (or those resources and others).

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

(4)An external qualification is a qualification awarded or authenticated by an outside person, other than a qualification resulting from any of these courses—

(a)a course for the further training of teachers or youth and community workers;

(b)a post-graduate course (including a higher degree course);

(c)a first degree course;

(d)a course for the Diploma of Higher Education;

(e)a course for the Certificate in Education.

(5)A qualification is awarded by an outside person if it is awarded by a person other than the institution or employer or a member of its or his staff.

(6)A qualification is authenticated by an outside person if it is awarded by the institution or employer and is authenticated by a person other than the institution or employer or a member of its or his staff.

(7)A payment in respect of a qualification includes a payment in respect of—

(a)devising, administering, verifying or certifying the qualification;

(b)setting or moderating examinations for the purposes of the qualification;

(c)registering, assessing or examining candidates.

98 Approved qualifications: England.E+W

(1)This section has effect for the purposes of sections 96 and 97 in their application to England.

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

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

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

[F98(2A)A body may be designated under subsection (2)(b) in relation to the giving of approvals under—

(a)section 96,

(b)section 97, or

(c)both of those sections.]

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

F99(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(a)a designation;

(b)an approval given by him;

(c)an approval given by a designated body.

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

(7)If the Secretary of State asks the Qualifications and Curriculum Authority to do so, it must advise him on any approval he proposes to give under subsection (2)(a).

(8)If a designated body asks the Qualifications and Curriculum Authority to do so, it must advise the body on any approval the body proposes to give under subsection (2)(b).

99 Approved qualifications: Wales.E+W

(1)This section has effect for the purposes of sections 96 and 97 in their application to Wales.

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

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

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

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

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

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

(a)a designation;

(b)an approval given by the National Assembly;

(c)an approval given by a designated body.

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

F100(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F101(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

100 Authorised bodies.E+W

(1)For the purposes of sections 96 and 97 in their application to England these are authorised bodies—

(a)the Learning and Skills Council for England;

(b)a local education authority;

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

(2)For the purposes of sections 96 and 97 in their application to Wales these are authorised bodies—

(a)the [F102National Assembly for Wales];

(b)a local education authority;

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

101 Enforcement: England.E+W

(1)This section has effect for the purposes of sections 96 and 97 in their application to England, and it applies if the Secretary of State is satisfied that—

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

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

(c)a local education authority or specified body has failed to comply with section 97(2) or is proposing to do so.

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

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

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

102 Enforcement: Wales.E+W

(1)This section has effect for the purposes of sections 96 and 97 in their application to Wales, and it applies if the National Assembly for Wales is satisfied that—

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

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

(c)a local education authority or specified body has failed to comply with section 97(2) or is proposing to do so.

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

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

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

103 Amendments relating to external qualifications.E+W

(1)The M19Education Act 1997 shall be amended as follows.

(2)In section 24 (functions of Qualifications and Curriculum Authority in relation to external qualifications) in subsection (2) for paragraphs (h) and (i) substitute—

“(gg)to make arrangements (whether or not with others) for the development, setting or administration of tests or tasks which fall to be undertaken with a view to obtaining such qualifications and which fall within a prescribed description.”

(3)In subsection (3) of section 24 for “(g)” substitute “ (gg) ”.

(4)In section 30 (functions of Qualifications, Curriculum and Assessment Authority for Wales in relation to external qualifications)—

(a)in subsection (1) omit “or by subsection (3)”;

(b)in subsection (2) for “(g)” substitute “ (gg) ”;

(c)omit subsection (3).

(5)In section 37 (requirement for approval of certain courses leading to external qualifications) omit subsections (1) to (4) and in subsection (5) the words “, which are superseded by this section,”.

Qualifying accounts and arrangementsU.K.

104 Qualifying accounts.U.K.

(1)Subsection (2) applies if a provision contained in or made under an enactment requires an account to qualify under this section (or to qualify under it at a particular time).

(2)The provision is to be taken to require the account to satisfy conditions specified by the Secretary of State in regulations made under this section (or to satisfy them at the time concerned).

(3)These conditions may be included—

(a)conditions as to the description of individual who may hold an account;

(b)conditions as to the description of institution with which an account may be held;

(c)conditions requiring an account not to be a joint one, or not to be held on behalf of a person other than the holder, or not to be held with another account of a specified description, or not to be connected with another account;

(d)conditions requiring an account to be identified by a specified name.

(4)Conditions as to the description of institution with which an account may be held may themselves specify the description or may allow the Secretary of State to specify it in a way he thinks fit.

(5)The regulations may provide that a specification of a description of institution with which an account may be held may include a requirement for institutions to have the benefit of approvals which have been given by the Secretary of State and not withdrawn.

(6)The regulations may contain provision securing that an individual may not simultaneously hold more than one account which qualifies under this section.

(7)The power to make regulations under this section is to be exercised by the Scottish Ministers so far as those regulations are to have effect for the purposes of any provision of, or made under, an Act of the Scottish Parliament authorising grants to be paid to, or in respect of, individuals in connection with their education or training; and for this purpose references in this section to the Secretary of State are to be treated as references to the Scottish Ministers.

(8)For the purposes of this section an enactment includes an Act of the Scottish Parliament.

105 Qualifying arrangements.E+W

(1)Subsection (2) applies if a provision contained in or made under an enactment requires arrangements to qualify under this section (or to qualify under it at a particular time).

(2)The provision is to be taken to require the arrangements to satisfy conditions specified by the Secretary of State in regulations made under this section (or to satisfy them at the time concerned).

(3)These conditions may be included—

(a)conditions as to the description of individual who may enter into arrangements;

(b)conditions as to the description of body with which arrangements may be made;

(c)conditions as to the nature of the arrangements and the way they are to be made;

(d)conditions requiring the arrangements to be identified by a specified name.

(4)Conditions as to the description of body with which arrangements may be made may themselves specify the description or may allow the Secretary of State to specify it in a way he thinks fit.

(5)The regulations may provide that a specification of a description of body with which arrangements may be made may include a requirement for bodies to have the benefit of approvals which have been given by the Secretary of State and not withdrawn.

(6)The regulations may contain provision securing that an individual may not simultaneously—

(a)be a party to more than one set of arrangements which qualify under this section, or

(b)be a party to arrangements which qualify under this section and to arrangements falling within subsection (7).

(7)Arrangements fall within this subsection if they are—

(a)arrangements which qualify under such provision of the law of Scotland as in the opinion of the Secretary of State corresponds to this section, or

(b)arrangements which qualify under section 106.

106 Qualifying arrangements: Northern Ireland.N.I.

(1)Subsection (2) applies if a provision contained in or made under an enactment requires arrangements to qualify under this section (or to qualify under it at a particular time).

(2)The provision is to be taken to require the arrangements to satisfy conditions specified by [F103 the Department for Employment and Learning] in Northern Ireland in regulations made under this section (or to satisfy them at the time concerned).

(3)Subsections (3) to (7) of section 105 apply to regulations under this section as they apply to regulations under that section; and for this purpose—

(a)references in those subsections to the Secretary of State are to be treated as references to the Department;

(b)the reference in subsection (7)(b) to arrangements which qualify under this section is to be treated as a reference to arrangements which qualify under section 105.

107 Qualifying arrangements: further provision.E+W+N.I.

(1)The Secretary of State (or a person designated by him) may make arrangements with a body in connection with the making by that body of arrangements which qualify under section 105.

(2)Arrangements under subsection (1) may include provision for the remuneration of a body and the payment of its expenses.

(3)Arrangements under subsection (1) may include provision for a person designated by the Secretary of State to carry out on his behalf such of his functions under the arrangements as he specifies.

(4)The Secretary of State may pay—

(a)to a person designated by him under subsection (1) to make arrangements with a body, or

(b)to a person designated by him under subsection (3) to carry out functions on his behalf,

remuneration or amounts to meet the person’s expenses.

(5)[F104The Department forEmployment and Learning] in Northern Ireland (or a person designated by it) may make arrangements with a body in connection with the making by that body of arrangements which qualify under section 106.

(6)Subsections (2) to (4) apply to arrangements under subsection (5) as they apply to arrangements under subsection (1); and for this purpose references in subsections (2) to (4) to the Secretary of State are to be treated as references to the Department.

108 Grants.E+W

(1)The Secretary of State may make regulations authorising grants to be paid to or in respect of individuals in connection with their education or training.

(2)The regulations must provide that grants may be paid only to or in respect of individuals—

(a)who hold accounts which qualify under section 104,

(b)who are parties to arrangements which qualify under section 105, or

(c)who hold such accounts and are parties to such arrangements.

(3)The regulations may provide that grants may not be paid unless other specified conditions are satisfied.

(4)These conditions may be included—

(a)conditions as to the way the accounts qualifying under section 104 are operated (including conditions requiring them to contain a specified balance);

(b)conditions as to the way the arrangements qualifying under section 105 are conducted;

(c)conditions as to the employment or self-employment of individuals;

(d)conditions requiring individuals not to be receiving or have received specified benefits;

(e)conditions as to the kinds of education or training which qualify.

(5)The regulations may provide—

(a)that the amounts of grants, and when and how they are paid, are to be decided by the Secretary of State;

(b)that grants may be paid on such terms as the Secretary of State decides and that the terms may include terms requiring repayment in specified circumstances;

(c)that if grants are payable under the regulations they may be paid to persons providing education or training;

(d)that if grants are payable under the regulations they may be paid by the Secretary of State or by other persons under arrangements made with him;

(e)that if such arrangements are made the Secretary of State may pay the persons concerned remuneration or amounts to meet their expenses.

(6)Conditions as to the kinds of education or training which qualify may include provision for the kinds to be specified—

(a)by the Secretary of State in a way he thinks fit, or

(b)if he so decides, by a person who (at the time of the specification) is designated by the Secretary of State and who specifies in a way the Secretary of State stipulates.

(7)The regulations may provide that a specification of the kinds of education or training which qualify may include a requirement for the education or training to be provided by persons for the time being approved—

(a)by the Secretary of State, or

(b)if he so decides, by a person who (at the time of the approval) is designated by the Secretary of State.

109 Grants: Northern Ireland.N.I.

(1)[F105The Department for Employment and Learning] in Northern Ireland may make regulations authorising grants to be paid to or in respect of individuals in connection with their education or training.

(2)The regulations must provide that grants may be paid only to or in respect of individuals—

(a)who hold accounts which qualify under section 104,

(b)who are parties to arrangements which qualify under section 106, or

(c)who hold such accounts and are parties to such arrangements.

(3)Subsections (3) to (7) of section 108 apply to regulations under this section as they apply to regulations under that section; and for this purpose—

(a)references in those subsections to the Secretary of State are to be treated as references to the Department;

(b)the reference in subsection (4)(b) to arrangements which qualify under section 105 is to be treated as a reference to arrangements which qualify under section 106.

Sixth-form educationE+W

110 Secondary education.E+W

(1)After section 2(2) of the M20Education Act 1996 (definition of secondary education) there shall be inserted—

“(2A)Education is also secondary education for the purposes of this Act (subject to subsection (5)) if it is provided by an institution which—

(a)is maintained by a local education authority, and

(b)is principally concerned with the provision of full-time education suitable to the requirements of pupils who are over compulsory school age but under the age of 19.

(2B)Where—

(a)a person is in full-time education,

(b)he receives his education partly at a school and, by virtue of arrangements made by the school, partly at another institution, and

(c)the education which he receives at the school would be secondary education if it was full-time education at the school,

the person’s education, both at the school and at the other institution, is secondary education for the purposes of this Act (subject to subsection (5)).”

(2)Subsections (3) to (5) apply to an institution which would become a school on the coming into force of subsection (1) (by virtue of section 4(1) of the M21Education Act 1996 (schools)).

(3)An institution to which this subsection applies shall not be treated as being a school by virtue of section 4(1) of that Act unless it has been established as a new school in accordance with section 28(1)(a) or (2)(a) or 31(1)(a) of the M22School Standards and Framework Act 1998 (community or foundation mainstream or special school).

(4)A local education authority may not continue to maintain an institution to which this subsection applies in pursuance of section 15A of the M23Education Act 1996 (education for 16 to 18 year olds).

(5)Section 51(3A) of the M24Further and Higher Education Act 1992 (incorporation of further education institutions) shall not apply in relation to an institution to which this subsection applies.

111 Further education corporations.E+W

(1)The following shall be substituted for section 16(2) and (3) of the M25Further and Higher Education Act 1992 (incorporation of further education institutions)—

“(2)Subsection (1) above does not apply to an institution which is maintained by a local education authority.

(3)The Secretary of State may by order make provision for the establishment of a body corporate for the purpose of conducting an institution which—

(a)is maintained by a local education authority, and

(b)in his opinion, is principally concerned with the provision of full-time education suitable to the requirements of persons over compulsory school age who have not attained the age of nineteen years.”

(2)Section 51 of that Act (publication of proposals) shall be amended as follows—

(a)for subsection (3)(b) substitute—

“(b)an order under section 16(3) of this Act, other than an order made for the purpose of giving effect to a proposal by a council,”,

and

(b)after subsection (3) insert—

“(3A)A draft proposal or order in respect of an institution which is maintained by a local education authority shall not be published without the consent of the governing body and the local education authority.”

112 Further education institutions: designation.E+W

In section 28(3) of the M26Further and Higher Education Act 1992 (designation of institutions for funding) the following shall be inserted after subsection (3)—

“(3A)The Secretary of State shall not make an order under this section in respect of a voluntary aided school without the consent of the governing body and the local education authority.”

113 [F106Sixth forms requiring significant improvement ]E+W

(1)Schedule 7 ([F107sixth forms requiring significant improvement]) shall have effect.

[F108(2)Expressions used in that Schedule and in Chapter 2 or 4 of Part 1 of the Education Act 2005 have—

(a)in relation to schools in England, the same meaning as in Chapter 2 of that Part, and

(b)in relation to schools in Wales, the same meaning as in Chapter 4 of that Part. ]

(3)Sections 496 and 497 of the M27Education Act 1996 (intervention) shall have effect in relation to powers and duties conferred or imposed by virtue of Schedule 7 as if—

(a)those powers and duties were conferred or imposed by the M28Education Act 1996, and

(b)the bodies specified in sections 496(2) and 497(2) were any local education authority F109... and the governing body of any maintained school (within the meaning given by section 20(7) of the M29School Standards and Framework Act 1998).