Learning and Skills Act 2000
2000 c. 21
An Act to establish the Learning and Skills Council for England and the National Council for Education and Training for Wales, to make other provision about education and training, and for connected purposes.
Act applied (1.4.2005) by Central Sussex College (Government) Regulations 2005 (S.I. 2005/397), Sch. 2 para. 2
Part I Learning and Skills Council for England
The Council
1 The Council.
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 F24410 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
F221Except 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 duties
2 Education and training for persons aged 16 to 19.
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;
F222da
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;
F273ba
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.
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.
F2791A
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;
F223da
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;
F274ba
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.
F2751
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.
F2762
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.
4AF280Learning aims for persons over 19: provision of facilities
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 fees
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: supplementary
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 powers
I15 Provision of financial resources.
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);
F1 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).
F2 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.
I26 Financial resources: conditions.
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 F258139A or 140.
4
F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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
F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7 Funding of school sixth-forms.
1
The Council may make a grant to a local education authority—
a
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).
F273
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.
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.
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) F167or 11A(1)(b).
10 Qualifying accounts and arrangements.
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.
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 functions
11AF165Support schemes relating to education and training for persons aged 10 to 15
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;
- a
“ 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.
- a
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.
I312 Research and information.
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.
1
In discharging its functions under sections 2, 3, F2814A, 4B, 5(1)(a) to (d) and (g) F168, 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 F259139A 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.
C115
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.
C116
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.
F1697
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.
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.
14AF220Consultation
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.
1
The Council—
a
must make and publish a plan for F225each academic year;
b
may make and publish such other plans as it thinks fit.
F2262
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
A plan for F227an academic year must be published before the year starts.
4
A plan for F228an academic year must include—
a
proposals as to how the Council intends to achieve in F229the 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.
F2245
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.
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.
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.
C1018 Supplementary functions.
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;
F219c
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.
F1706
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.
F2188
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.
F256Regional councils
Ss. 18A-18C and cross-heading inserted (31.1.2008 for the insertion of s. 18A(2)-(4), 1.9.2008 in so far as not aready in force) by Further Education and Training Act 2007 (c. 25), ss. 2, 32(5); S.I. 2007/3505, art. 3(a); S.I. 2008/313, art. 3
18ARegional councils
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 councils
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 councils
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 councils
F24219 Local councils.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F24220 Functions of local councils.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F24221 Guidance to local councils.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F24222 Plans of local councils.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F24223 Duty of local education authorities.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F24224 Guidance and plans: timing.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Miscellaneous
24AF243Strategies for functions of Council
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
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
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.
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.
Schedule 3 contains provisions about committees.
27 Grants to Council.
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.
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.
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 IIF29Further Education and Sixth Form Education: Wales
Pt. 2 heading substituted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 49 (with art. 7)
F35...
S. 30 crossheading omitted (1.4.2006) by virtue of National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 50 (with art. 7)
F3430 The Council.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Main duties
I431 Education and training for persons aged 16 to 19.
1
The F36National 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 F37National 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 F37National Assembly thinks might reasonably be secured by other persons;
F38e
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F394
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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.
I532 Education and training for persons over 19.
1
The F40National 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.
F412
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
In performing the duty imposed on it by subsection (1) the F42National 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 F42National Assembly thinks might reasonably be secured by other persons;
F43e
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F444
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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.
I633 Encouragement of education and training.
The F45National Assembly must—
a
encourage individuals to undergo post-16 education and training;
b
encourage employers to participate in the provision of post-16 education and training;
c
encourage employers to contribute to the costs of post-16 education and training.
Main powers
I734 Provision of financial resources.
1
The F46National 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 F47National 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 F47National Assembly).
3
In exercising its power under subsection (1)(c) the F46National 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).
I835 Financial resources: conditions.
1
2
The conditions may—
a
require the F50National 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 F51National 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 F260139A or 140.
4
F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
The conditions may—
a
b
require the payment of interest in respect of any period in which a sum due to the F52National Assembly in accordance with any condition is unpaid.
6
F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I936 Funding of school sixth-forms.
1
The F53National 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 F160schools 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
I1037 Assessments and means tests.
1
The F54National Assembly may develop schemes for the assessment of the performance of persons in providing post-16 education and training.
2
The F54National Assembly may take the assessments into account in deciding how to exercise its powers under section 34.
3
The F54National Assembly may—
a
carry out means tests;
b
arrange for other persons to carry out means tests.
4
The F54National Assembly may take the results of the tests into account in exercising its power under section 34(1)(c).
I1138 Qualifying accounts and arrangements.
1
The F55National Assembly may promote—
a
the holding of accounts which qualify under section 104;
b
the making of arrangements which qualify under section 105.
F562
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I1239 Further education: governors.
1
The F57National 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 functions
I1340 Research and information.
F581
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F582
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F583
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F584
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
The F59National 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 F59National Assembly may secure the provision of facilities for providing information, advice or guidance about education or training or connected matters (including employment).
I1441 Persons with learning difficulties.
1
In discharging its functions under sections 31, 32 and 34(1)(a) to (d) and (g) the F60National 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 F261139A or 140.
2
If the F61National 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 F61National Assembly must secure the provision of boarding accommodation for him.
3
If the F61National 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 F61National Assembly must secure the provision of boarding accommodation for him.
4
If the F61National 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 F61National 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.
F3042 Equality of opportunity.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3043 Plans.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3044 Strategy.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3045 Use of information by Council.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3046 Supplementary functions.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Miscellaneous
F3047 Directions.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3048 Committees.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3049 Grants to Council.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3050 Annual report.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3051 Council’s financial year.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part III Inspections in England
Chapter 1The Adult Learning Inspectorate
The Inspectorate
F16652The Inspectorate.
. . . . . . . . . . . . . . . . . . . . . . . . . .
F16653The Inspectorate’s remit.
. . . . . . . . . . . . . . . . . . . . . . . . . .
Functions of the Inspectorate and the Chief Inspector
F16654Functions of the Inspectorate and Chief Inspector.
. . . . . . . . . . . . . . . . . . . . . . . . . .
F16655Inspections under section 54.
. . . . . . . . . . . . . . . . . . . . . . . . . .
F16656General powers.
. . . . . . . . . . . . . . . . . . . . . . . . . .
F16657Right of entry and offences.
. . . . . . . . . . . . . . . . . . . . . . . . . .
F16658Action plans.
. . . . . . . . . . . . . . . . . . . . . . . . . .
F16659Annual report.
. . . . . . . . . . . . . . . . . . . . . . . . . .
Chapter IIHer Majesty’s Chief Inspector of Schools in England
The Chief Inspector’s extended remit
F16660The extended remit.
. . . . . . . . . . . . . . . . . . . . . . . . . .
Additional functions
F16661Additional functions of the Chief Inspector.
. . . . . . . . . . . . . . . . . . . . . . . . . .
F16662Inspection of further education institutions.
. . . . . . . . . . . . . . . . . . . . . . . . . .
F16663Right of entry and offences.
. . . . . . . . . . . . . . . . . . . . . . . . . .
F16664 Action plans.
. . . . . . . . . . . . . . . . . . . . . . . . . .
F16665Area inspections.
. . . . . . . . . . . . . . . . . . . . . . . . . .
F16666Reports of area inspections.
. . . . . . . . . . . . . . . . . . . . . . . . . .
F16667Action plans following section 65 inspections.
. . . . . . . . . . . . . . . . . . . . . . . . . .
F16668Further powers of the Chief Inspector.
. . . . . . . . . . . . . . . . . . . . . . . . . .
Chapter IIIThe Common Inspection Framework and Joint Inspections
The Common Inspection Framework
F16669The framework.
. . . . . . . . . . . . . . . . . . . . . . . . . .
F16670Preparation of the framework.
. . . . . . . . . . . . . . . . . . . . . . . . . .
Joint inspections
F16671Joint inspections.
. . . . . . . . . . . . . . . . . . . . . . . . . .
Chapter IVGeneral
F16672Defamation.
. . . . . . . . . . . . . . . . . . . . . . . . . .
Part IV Inspections in Wales
New titles
I1573 Inspectors of Education and Training in Wales.
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
”
.
I1674 Some defined terms.
1
In this Part—
F62...
“the National Assembly” means the National Assembly for Wales.
2
In this Part, any reference to the Chief Inspector for Wales is to be read as a reference to the person mentioned in section 73(1).
Extended remit
I1775 The extended remit of the Chief Inspector for Wales.
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 F63National 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 F63National 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 F154Part 1 of the Education Act 2005; or
b
if the financial support mentioned in that paragraph is given for a specific purpose, to education or training at which that support is not directed.
Additional functions
I1876 Additional functions of the Chief Inspector for Wales.
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.
I1977 Inspections.
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;
F64b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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.
I2078 General powers.
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.
I2179 Right of entry and offences.
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.
I2280 Action plans.
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.
F17181 Inspections of careers services etc.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I2382 Inspections of education and training provided under 1973 Act arrangements.
1
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 F174the Chief Inspector for England must be given to that Chief Inspector.
5
6
The Chief Inspector for Wales must send a copy of any report under subsection (2) or (4) to the National Assembly.
F1727
In this section “the Chief Inspector for England” means Her Majesty's Chief Inspector of Education, Children's Services and Skills.
I2483 Area inspections.
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 F15815 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 F65National 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 F65National 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.
F15911
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.
I2584 Action plans following section 83 inspections.
1
This section applies if the Chief Inspector for Wales publishes a report of an area inspection conducted under section 83.
F662
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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 F67... 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.
I2685 Studies across Wales or of provision made outside Wales.
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.
I2786 Annual reports.
1
The annual report of the Chief Inspector for Wales required by F155section 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.
I2887 Annual plan of the Chief Inspector for Wales.
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.
I2988 Defamation.
1
For the purposes of the law of defamation, any report under this Part is privileged unless its publication is shown to have been made with malice.
2
Nothing in subsection (1) limits any privilege subsisting apart from that subsection.
Part V Miscellaneous and general
Further Education Funding Councils
89 Dissolution of FEFC for England.
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.
F17790 Preliminary transfers: FEFC for England.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6891 Dissolution of FEFC for Wales.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Other transfers
92 Transfers: England.
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;
F178b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F178c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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.
F6993 Transfers: Wales.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Transfers: further provision
94 Stamp duty.
1
A transfer effected by virtue of section 89 F70... is not to give rise to liability to stamp duty.
2
Stamp duty is not to be chargeable on a scheme made under F179section 92.
94AF22Stamp duty land tax
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.
I3095 Contracts of employment.
1
This section applies if rights and liabilities under a contract of employment are transferred by virtue of—
a
section 89 F71... or
b
a scheme under F180section 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 qualifications
I31C996 Persons under 19.
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.
I3297 Persons over 19.
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.
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.
F2772A
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.
F2784
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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).
I3399 Approved qualifications: Wales.
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.
F727
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F738
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I34100 Authorised bodies.
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 F74National 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.
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).
I35102 Enforcement: Wales.
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).
I36103 Amendments relating to external qualifications.
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 arrangements
104 Qualifying accounts.
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.
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.
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 F6 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.
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
F7The 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.
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.
1
F8The 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 education
I37110 Secondary education.
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.
I38111 Further education corporations.
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.
I39112 Further education institutions: designation.
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.
I40C2113F121Sixth forms requiring significant improvement
1
Schedule 7 (F122sixth forms requiring significant improvement) shall have effect.
F1232
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
C7 113A C6F23Restructuring of sixth-form education
1
The Learning and Skills Council for England may make proposals under this section—
a
with a view to meeting recommendations made in the report of an area inspection under F181 section 128 of the Education and Inspections Act 2006,
b
with a view to promoting one or more of the relevant objectives, or
c
if—
i
they are made in addition to proposals relating to education or training other than in schools, and
ii
the combined proposals are made with a view to promoting one or more of the relevant objectives.
2
The F77National Assembly for Wales may make proposals under this section—
a
with a view to meeting recommendations made in the report of an area inspection under section 83,
b
with a view to promoting one or more of the relevant objectives, or
c
if—
i
they are made in addition to proposals relating to education or training other than in schools, and
ii
the combined proposals are made with a view to promoting one or more of the relevant objectives.
3
For the purposes of this section, the following are “ relevant objectives ”—
a
an improvement in the educational or training achievements of persons who are above compulsory school age but below the age of 19;
b
an increase in the number of such persons who participate in education or training suitable to the requirements of such persons;
c
an expansion of the range of educational or training opportunities suitable to the requirements of such persons.
4
Proposals under this section are proposals for one or more of the following—
a
the establishment by a local education authority F198 in Wales of one or more new community, foundation, community special or foundation special schools to provide secondary education suitable to the requirements of persons who are above compulsory school age but below the age of 19 (and no other secondary education);
F199aa
the establishment by a local education authority in England of one or more new foundation or foundation special schools to provide secondary education suitable to the requirements of persons who are above compulsory school age but below the age of 19 (and no other secondary education);
b
an alteration to one or more maintained schools which relates to the provision of secondary education suitable to the requirements of such persons and is of a description prescribed by regulations;
c
the discontinuance of one or more maintained schools which provide secondary education suitable to the requirements of such persons (and no other secondary education).
F754A
Proposals under this section are to be published.
5
Proposals F78under subsection (1) are to be submitted to the relevant authority, which shall—
a
approve them, with or without modification or subject to the occurrence of any event, or
b
reject them.
F765A
In respect of proposals under subsection (2), the relevant authority shall, in accordance with regulations made under subsection (9), determine whether to—
a
confirm them, with or without modification or subject to the occurrence of any event; or
b
withdraw them.
6
Schedule 7A (implementation of proposals) has effect.
7
In exercising any function conferred by or under this section, the Learning and Skills Council for England F79 ... must have regard to any guidance given from time to time by the relevant authority.
8
Proposals under F80subsection (1) may be made either alone or in addition to proposals under section 51 of the Further and Higher Education Act 1992 (c. 13) (proposals for further education corporations).
9
Regulations may make provision about proposals under this section and may in particular make provision about—
a
the information to be included in, or provided in relation to, the proposals;
b
publication of the proposals;
c
consultation on the proposals (before or after publication);
d
the making of objections to or comments on the proposals;
e
withdrawal or modification of the proposals;
f
approval of F81proposals under subsection (1) by the relevant authority.
F82g
confirmation of proposals under subsection (2) by the relevant authority
10
For the purposes of sections 496 and 497 of the Education Act 1996 (c. 56) (powers to prevent unreasonable exercise of functions and general default powers), the provisions of this section and Schedule 7A shall be treated as if they were provisions of that Act.
11
For the purposes of this section and Schedule 7A—
“ alteration ” means an alteration of whatever nature, including the transfer of the school to a new site but excluding any change—
- a
in the religious character of the school, or
- b
whereby the school would acquire or lose a religious character;
- a
“ maintained school ” means a community, foundation or voluntary school or a community or foundation special school;
“ regulations ” means—
- a
in relation to proposals by the Learning and Skills Council for England, regulations made by the Secretary of State, and
- b
in relation to proposals by the F83National Assembly for Wales, regulations made by the National Assembly for Wales;
- a
“ relevant authority ” means—
- a
in relation to the Learning and Skills Council for England, the Secretary of State; and
- b
in relation to the F84National Assembly for Wales, the National Assembly for Wales;
- a
“ secondary education ” has the same meaning as in section 2 of the Education Act 1996.
Support for 13 to 19 year olds: England
F272114 Provision of services.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F272115 Consultation and coordination.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F272116 Local education authorities.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F272117 Educational institutions: information and access.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F272118 Inspection.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F272119 Information: supply by Secretary of State.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F272120 Information: supply by public bodies.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F272121 Supplementary.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
122 Careers services.
The following shall be inserted after section 10A of the M30Employment and Training Act 1973 (careers services)—
10B Inspection.
1
Her Majesty’s Chief Inspector of Schools in England—
a
shall advise the Secretary of State on request about matters relating to services provided in England in pursuance of section 8 or 9,
b
may give the Secretary of State other advice about those matters,
c
shall, when requested to do so by the Secretary of State, inspect and report on the provision of those services by any person or institution, and
d
may undertake such other inspections of the provision of those services by persons or institutions as he thinks fit.
2
A request under subsection (1)(c)—
a
may be general or in relation to specific matters,
b
may relate to a specific person or institution providing services, or to a specific class of person or institution, and
c
may relate to a specific area.
3
An inspection under subsection (1)(c) or (d) may not relate to services provided for persons who have attained the age of 20.
4
A reference in subsection (1) to the provision of services includes a reference to the management and use of resources in providing services.
5
Subsections (6) to (8) apply to an inspection under subsection (1)(c) or (d) of services provided in pursuance of arrangements under section 10(1) of this Act.
6
A person carrying out or participating in the inspection shall have the same powers as an Inspector of Schools under the following provisions of the School Inspections Act 1996—
a
section 3(3)(a) and (b) (right of access), and
b
section 42 (computer records).
7
Section 42A of the 1996 Act (publication of reports) shall apply.
8
A person who wilfully obstructs a person in carrying out or participating in the inspection—
a
shall be guilty of an offence, and
b
shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.
Support for 11 to 25 year olds: Wales
I41123 Provision of services.
1
The National Assembly for Wales may direct a local authority—
a
to provide youth support services;
b
to secure the provision of youth support services;
c
to participate in the provision of youth support services.
2
In this section “youth support services” means services which in the opinion of the National Assembly will encourage, enable or assist young persons (directly or indirectly)—
a
to participate effectively in education or training,
b
to take advantage of opportunities for employment, or
c
to participate effectively and responsibly in the life of their communities.
3
In this section “young persons” means persons who have attained the age of 11 but not the age of 26.
4
A direction under subsection (1)—
a
may include provision for grants, loans and other kinds of financial assistance to be provided by the National Assembly (whether or not on conditions),
b
may require local authorities to have regard to guidance issued by the National Assembly, and
c
may require local authorities when making arrangements with other persons to require those persons to have regard to guidance issued by the National Assembly.
5
A direction under subsection (1)—
a
may relate to a particular class of young person;
b
may make different provision for different classes of young person;
c
may be revoked or varied by a later direction.
I42124 Local authority: duty and powers.
1
A local authority—
a
shall comply with a direction given to it under section 123(1), and
b
may provide, secure the provision of or participate in the provision of youth support services otherwise than in accordance with paragraph (a).
2
Action which a local authority takes in pursuance of subsection (1)—
a
may relate to a particular class of young persons;
b
may relate to services for a person from another area.
3
In complying with a direction under section 123(1) a local authority shall have regard to the expediency of co-operation with voluntary organisations.
4
For the purpose of subsection (1) a local authority may—
a
incur expenditure;
b
employ officers;
c
enter into agreements for the supply of goods or services;
d
do anything else (other than forming companies) which they consider necessary or expedient.
5
Nothing in or done under section 123 shall prejudice any power of a local authority to provide services or incur expenditure.
I43125 Consultation and coordination.
1
Before complying with a direction under section 123(1) by providing, securing the provision of or participating in the provision of services for residents of a particular place or area, a local authority shall consult each of the following with responsibility for all or part of the area—
a
a F182Local Health Board,
b
a chief officer of police,
c
a police authority,
d
a probation committee
F254da
a provider of probation services, and
e
a youth offending team.
2
The local authority shall also—
a
consult any voluntary body which provides services for young persons in the place or area concerned and which the local authority think it appropriate to consult,
F85b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c
consult any authority or person with whom arrangements have been made for the place or area concerned under section 10(1) or (3)(a), (b) or (c) of the M31Employment and Training Act 1973 (careers services),
d
consult any relevant organisation established for the purpose of enabling voluntary bodies to co-operate and co-ordinate their activities,
e
consult such other persons as the local authority think appropriate, and
f
provide such opportunities as the local authority think appropriate for young persons in the place or area concerned to express their views.
3
Subsection (4) applies where a local authority—
a
provide or propose to provide youth support services for the residents of a particular place or area, or
b
secure or propose to secure the provision of youth support services for the residents of a particular place or area.
4
Where this subsection applies, persons and bodies listed in subsection (1) with responsibility for all or part of that place or area shall—
a
exercise their functions so as to support and assist the services provided, secured or proposed by the local authority, and
b
coordinate the exercise of their functions, so far as seems reasonable, with persons providing those services.
5
Subsection (4) shall not require persons or bodies to take action which would significantly interfere with the efficient or effective exercise of their functions.
I44126 Educational institutions: information and access.
1
Where a person is involved in the provision of services in pursuance of section 123(1)(a) or (b), an educational institution to which this section applies shall, for the purpose of the provision of those services—
a
provide him on request with the name and address of a pupil or student;
b
provide him on request with the name and address of a parent of a pupil or student;
c
provide him on request with information in the institution’s possession about a pupil or student;
d
permit him to have access to a pupil or student on the institution’s premises at reasonable times;
e
make available to him, so far as is reasonably convenient, facilities on the institution’s premises for providing services to individual pupils or students or groups of pupils or students.
2
Information shall not be provided under subsection (1)(c)—
a
in the case of a pupil or student who has not attained the age of 16, if a parent of his has instructed the institution not to provide information of that kind under this section, or
b
in the case of a pupil or student who has attained the age of 16, if he has instructed the institution not to provide information of that kind under this section.
3
This section applies to the following institutions—
a
community, foundation and voluntary schools,
b
community or foundation special schools (other than those established in hospitals),
c
city technology colleges and city colleges for the technology of the arts,
d
pupil referral units,
e
institutions within the further education sector, and
f
institutions in receipt of funding from the F86National Assembly for Wales in the discharge of its functions under Part 2.
I45127 Inspection.
1
Her Majesty’s Chief Inspector of Education and Training in Wales—
a
shall advise the National Assembly for Wales on request about matters relating to services provided in pursuance of section 123(1),
b
may give the National Assembly other advice about those matters,
c
shall, when requested to do so by the National Assembly, inspect and report on the provision of those services, and
d
may undertake such other inspections of the provision of those services as he thinks fit.
2
The National Assembly shall consult the Chief Inspector before making a request under subsection (1)(a) or (c).
3
A request under subsection (1)(c)—
a
may be general or in relation to specific matters,
b
may relate to a specific person or institution providing services, or to a specific class of person or institution, and
c
may relate to a specific area.
4
A reference in subsection (1) to the provision of services includes a reference to the management and use of resources in providing services.
I46128 Conduct and effect of inspections.
1
This section applies where a service is inspected pursuant to a request under section 127(1)(c) or in accordance with section 127(1)(d).
F1562
A person carrying out or participating in the inspection shall have the same powers as an Inspector has under the following provisions of the Education Act 2005—
a
section 24(3)(a) and (d) (right of access), and
b
section 58 (computer records).
3
F157 Section 29 of that Act (publication of reports) shall apply.
4
Where the Chief Inspector arranges for the publication of a report of an inspection, the person who provides the inspected service shall—
a
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,
b
publish the statement within such period, and in such manner, as may be prescribed by regulations made by the National Assembly for Wales, and
c
send copies of the statement to such persons as may be prescribed by regulations made by the National Assembly.
5
Where a local authority provides an inspected service, or secures or participates in the provision of an inspected service, the authority—
a
shall ensure that the action specified in any statement prepared under subsection (4)(a) is sufficient to remedy any weakness mentioned in the report, and
b
shall take all reasonable steps to ensure that the action specified in the statement is taken within the period specified.
6
If the National Assembly consider that a local authority is failing to comply with its duties under subsection (5)—
a
the National Assembly may give directions to the local authority about the performance of those duties, and
b
the authority shall comply with the directions.
I47129 Supplementary.
1
In sections 123 to 128—
“local authority” means a county council or a county borough council,
F183“Local Health Board” has the meaning given by section 11 of the National Health Service (Wales) Act 2006,
F162...
“parent”, in relation to a child, means a person who has parental responsibility for him within the meaning of section 3 of the M32Children Act 1989,
“probation committee” means a committee established under section 3 of the M33Probation Service Act 1993,
“police authority” has the meaning given by section 101 of the M34Police Act 1996,
“young person” has the meaning given by section 123(3),
“youth offending team” means a team established under section 39 of the M35Crime and Disorder Act 1998, and
“youth support services” has the meaning given by section 123(2).
2
The power under section 123 shall not relate to services which are provided or to be provided outside Wales.
City colleges and academies
130 City academies.
F9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
131 City academies: land.
F10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
132 City academies: financial provisions.
F11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
133 City colleges and academies: special educational needs.
After section 483 of the M36Education Act 1996 there shall be inserted—
483A City colleges and academies: special educational needs.
1
This section applies in relation to any child falling within subsection (2) if the condition in subsection (3) is satisfied.
2
A child falls within this subsection if—
a
he is a child for whom a statement is maintained under section 324, and
b
he attends (or proposes to attend) a school which is a city technology college, a city college for the technology of the arts or a city academy.
3
The condition in this subsection is satisfied if—
a
the school is approved by the Secretary of State under section 347(1), or
b
the Secretary of State consents to the child being educated at the school.
4
The Secretary of State may by regulations make provision for securing that arrangements are made—
a
for making the special educational provision specified in the statement;
b
for making any non-educational provision specified in the statement.
5
Regulations under subsection (4) may require or authorise a local education authority—
a
to make payments to the school in respect of the child, or
b
to provide any other assistance to the school in respect of the child.
6
No condition or requirement imposed by virtue of section 482(4)(a) is to prevent a local education authority making payments or providing assistance by virtue of subsection (5).
7
This section does not apply to schools in Wales.
Pensions
134 Pensions.
1
Section 1 of the M37Superannuation Act 1972 (persons to or in respect of whom benefits may be provided by schemes under that section) shall apply to persons falling within subsection (2).
2
This subsection applies to a person if—
a
he has rights and obligations as a pensioner or deferred pensioner under a salary related occupational pension scheme, and
b
the rights and obligations arose by virtue of his or another person’s employment with any of the employers specified in subsection (3).
3
The employers are—
a
a person with whom the Secretary of State or the National Assembly for Wales has made arrangements under section 2 of the M38Employment and Training Act 1973 and who is specified in an order made by the Secretary of State or is of a description so specified;
b
a company which is a subsidiary of a person falling within paragraph (a) and which is specified in an order made by the Secretary of State or is of a description so specified.
4
A scheme under section 1 of the M39Superannuation Act 1972 (a new scheme) may not be made in relation to the persons falling within subsection (2) unless—
a
the trustees of the occupational scheme consent in writing to the new scheme being made,
b
the rights of the persons under the new scheme are no less generous than their rights as they existed under the occupational scheme, and
c
the obligations of the persons under the new scheme are no more onerous than their obligations as they existed under the occupational scheme.
135 Pensions: interpretation.
1
This section has effect for the purposes of section 134.
2
Rights in relation to a person include—
a
all forms of right to or eligibility for the present or future payment of a pension to or in respect of him;
b
a right of allocation in respect of the present or future payment of a pension.
3
A deferred pensioner is a person who has rights under the occupational scheme but is neither a pensioner under it nor a person to whom rights are accruing under it by virtue of his employment.
4
“Salary related occupational pension scheme” has the meaning given by section 93(1A) of the M40Pension Schemes Act 1993.
136 Pensions: delegation.
1
A function exercisable by virtue of section 1 of the M41Superannuation Act 1972 in consequence of section 134 or of paragraph 6(1) of Schedule 1 may be exercised by (or by employees of) such person as may be authorised in that behalf by the person whose function it is.
2
An authorisation given by virtue of subsection (1) may authorise the exercise of a function—
a
either wholly or to such extent as may be specified in the authorisation;
b
either generally or in such cases as may be so specified;
c
either unconditionally or subject to the fulfilment of such conditions as may be so specified.
3
An authorisation given by virtue of subsection (1) is to be treated for all purposes as if it were given by virtue of an order under section 69 of the M42Deregulation and Contracting Out Act 1994 (contracting out of functions of Ministers and office-holders).
4
An authorisation given by virtue of subsection (1) may be revoked at any time by the person who gave it.
Other miscellaneous provisions
137 Recreation and social and physical training.
1
Section 508 of the M43Education Act 1996 (local education authorities: recreation and social and physical training) shall be amended as follows.
2
In subsection (1) for “secondary and further education” substitute “
and secondary education
”
.
3
After subsection (1) insert—
1A
A local education authority may provide facilities for recreation and social and physical training as part of the facilities for further education provided (whether or not by them) for their area.
4
In subsection (2) for “For that purpose” substitute “
For the purpose of subsection (1) or (1A)
”
.
I48138 Wales: provision of information by public bodies.
1
For the purpose of the provision in Wales of services mentioned in subsection (2), any of the persons or bodies mentioned in subsection (3) may supply information about a young person—
a
to a local authority;
b
to any other person or body involved in the provision of the services.
2
The services are—
a
services provided in pursuance of section 123 of this Act,
b
services provided in pursuance of any of sections 2, 8, 9 and 10 of the M44Employment and Training Act 1973 (training and careers services), and
c
services wholly or partly funded in pursuance of section 12 of the M45Industrial Development Act 1982 (careers in industry).
3
The persons and bodies are—
a
a local authority,
F184b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F288ba
a Local Health Board,
c
the F87National Assembly for Wales,
d
a chief officer of police,
e
a probation committee,
F255ea
a probation trust,
eb
a provider of probation services (other than a probation trust or the Secretary of State), in carrying out its statutory functions or activities of a public nature in pursuance of arrangements made under section 3 of the Offender Management Act 2007, and
f
a youth offending team.
I49139 Induction periods for teachers.
1
Section 19 of the M46Teaching and Higher Education Act 1998 (requirement to serve induction period) shall be amended as follows.
2
In subsection (1) after paragraph (b) insert—
or
c
in such circumstances as may be prescribed, a further education institution (or a further education institution of a prescribed description).
3
In subsection (2)—
a
in paragraph (f) omit “employed as a teacher at a school”, and
b
in paragraph (k) after “schools” insert “
or to further education institutions
”
.
4
In subsection (6), for “subsection (2)” substitute “
subsections (2) and (6A)
”
.
5
After subsection (6) insert—
6A
Regulations under subsection (1)(c) may, in particular—
a
provide that an induction period may not be begun without approval of the appropriate body for the serving of that induction period;
b
provide for approval to be general or specific;
c
make provision (including transitional provision) about the withdrawal of approval;
d
impose conditions or limitations on the appropriate body’s power to give or withhold approval.
6
In subsection (10) after paragraph (c) insert—
d
“a further education institution” means an institution within the further education sector.
7
After subsection (10) insert—
11
In the application of this section to a further education institution—
a
a reference to a school term shall be taken as a reference to a term of the institution;
b
a reference to the head teacher of a school shall be taken as a reference to the principal of the institution.
12
Sections 496 and 497 of the Education Act 1996 shall have effect as if—
a
the duties and powers referred to in those sections included duties imposed and powers conferred by virtue of this section, and
b
in relation to those duties and powers, the bodies to which those sections apply included the governing body of a relevant school, the governing body (within the meaning given by section 90(1) of the Further and Higher Education Act 1992) of a further education institution and an appropriate body for the purposes of subsection (2).
139AF257Assessments relating to learning difficulties: England
1
Subsection (2) applies if a local education authority in England—
a
maintains a statement of special educational needs for a person, and
b
believes that the person will leave school, at the end of his last year of compulsory schooling, to receive post-16 education or training or higher education.
2
The authority must arrange for an assessment of the person to be conducted at some time during his last year of compulsory schooling.
3
Subsection (4) applies if a local education authority in England—
a
maintains a statement of special educational needs for a person who is over compulsory school age, and
b
believes that the person will leave school, during or at the end of the current school year, to receive post-16 education or training or higher education.
4
The authority must arrange for an assessment of the person to be conducted at some time during the current school year.
5
A local education authority in England may at any time arrange for an assessment to be conducted of a person—
a
who is within subsection (6), and
b
for whom the authority is responsible.
6
A person within this subsection is one who—
a
is in his last year of compulsory schooling, or is over compulsory school age but has not attained the age of 25,
b
appears to the authority to have a learning difficulty within the meaning of section 13, and
c
is receiving, or in the opinion of the authority is likely to receive, post-16 education or training or higher education.
7
In exercising its functions under this section an authority must have regard to any guidance issued by the Secretary of State.
139BAssessments under section 139A: interpretation
1
This section applies for the purposes of section 139A.
2
A statement of special educational needs is a statement maintained under section 324 of the Education Act 1996.
3
An assessment of a person is an assessment, resulting in a written report, of—
a
the person's educational and training needs, and
b
the provision required to meet them.
4
A local education authority is responsible for—
a
a person who is receiving education or training in its area;
b
a person who is not receiving education or training, but who is normally resident in its area;
c
a person who is not receiving education or training, and who is not normally resident in its area or that of another authority, but who is otherwise within its area and, in its opinion, likely to receive post-16 education or training or higher education.
5
A person's last year of compulsory schooling is the last school year at his school during the whole or part of which he is of compulsory school age; and in the application of section 139A(6) to a person who is receiving education at an institution other than a school, that institution is to be treated for the purpose of determining his last year of compulsory schooling as though it were a school.
6
“Higher education” is education provided by means of a course of any description mentioned in Schedule 6 to the Education Reform Act 1988.
7
“Post-16 education or training” means post-16 education or post-16 training within the meaning of Part 1.
8
“School year” has the meaning given in section 579(1) of the Education Act 1996.
139CAssessments under section 139A: persons educated at home
1
Section 139A applies in relation to a person who is receiving education at home, subject to the following modifications.
2
In section 139A(1)(b) and (3)(b), references to a person's leaving school to receive post-16 education or training or higher eduction are to be construed as references to a person's ceasing to receive education at home in order to receive, otherwise than in a school, post-16 education or training or higher education.
3
References to a person's last year of compulsory schooling are to be construed as references to the 12 month period ending when the person ceases to be of compulsory school age.
4
References to the current school year are to be construed as references to the period of 12 months beginning on the most recent 1st September.
I50140F262Assessments relating to learning difficulties: Wales
1
Subsection (2) applies if—
a
a local education authority F263in Wales maintains a statement of special educational needs for a person under section 324 of the Education Act 1996, and
2
F265The Welsh Ministers must arrange for an assessment of the person to be conducted at some time during the person’s last year of compulsory schooling.
3
F266The Welsh Ministers may at any time arrange for an assessment to be conducted of a person—
a
who is in his last year of compulsory schooling or who is over compulsory school age but has not attained the age of 25,
b
4
For the purposes of this section an assessment of a person is an assessment resulting in a written report of—
a
his educational and training needs, and
b
the provision required to meet them.
5
F2716
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I51141 Training programmes: cessation of funding.
1
This section applies to a company if—
a
it has entered into an arrangement with the Secretary of State with a view to receiving payments under section 2(2)(d) of the M50Employment and Training Act 1973 (arrangements in respect of training) in connection with the provision of facilities,
b
before the passing of this Act the company has received notice from the Secretary of State that he intends to terminate the arrangement mentioned in paragraph (a),
c
the company’s F286articles of association are in a form approved by the Secretary of State generally or specifically for purposes connected with arrangements of the kind described in paragraph (a), and
d
the company’s F287articles of association requires all income and profits to be applied towards the promotion of the company’s objects and not to be distributed to members.
2
Unless the Secretary of State consents in writing, a company to which this section applies may not after the passing of this Act—
a
take action of a prescribed kind, or
b
cause or permit a person to take action of a prescribed kind.
3
In subsection (2) “prescribed” means prescribed by order of the Secretary of State; and the action which may be prescribed under that subsection includes, in particular—
a
making a disposal or payment of a prescribed kind or in prescribed circumstances,
b
incurring expenditure of a prescribed kind or in prescribed circumstances, and
c
entering into a transaction of a prescribed kind or in prescribed circumstances.
4
A company to which this section applies shall comply with a written direction from the Secretary of State given after the passing of this Act which requires it to transfer an asset to—
a
a specified body, or
b
the Secretary of State.
5
Before giving a direction to a company under subsection (4) the Secretary of State shall consult the company.
6
Where a company to which this section applies takes, causes or permits action in contravention of subsection (2) the High Court may on the application of the Secretary of State make any order which seems to it appropriate.
7
An order under subsection (6) may, in particular—
a
provide for a contract or other agreement to be of no effect;
b
vary the terms of a contract or other agreement;
c
require money to be paid to the Secretary of State by or on behalf of the company to which this section applies;
d
require money to be paid to the Secretary of State by or on behalf of any other specified person;
e
require the Secretary of State to pay to a specified person compensation of an amount specified in the order or determined in accordance with the order.
8
Section 150 shall not apply to this section; but in the application of this section to a company which operates in Wales—
a
a reference to the Secretary of State in subsection (1)(a) and (b) shall be construed as a reference to the Secretary of State or the National Assembly for Wales,
b
the functions conferred or imposed on the Secretary of State by subsections (2) to (6) shall be exercisable by the National Assembly, and
c
a reference in subsections (2) to (7) to the Secretary of State shall be taken as a reference to the National Assembly.
I52142 Further and higher education corporations: secondary education.
1
Section 18 of the M51Further and Higher Education Act 1992 (further education corporation: principal powers) shall be amended as follows—
a
for subsection (1)(aa) substitute—
aa
provide secondary education to persons who would, if they were pupils at a school, be in the fourth key stage,
ab
provide education which is secondary education by virtue of section 2(2B) of the M52Education Act 1996 (definition of secondary education),
ac
participate in the provision of secondary education at a school,
and
b
after subsection (1) insert—
1A
A further education corporation may not provide education of a kind specified in subsection (1)(aa), (ab) or (ac) above unless they have consulted such local education authorities as they consider appropriate.
2
Section 124 of the M53Education Reform Act 1988 (higher education corporation: powers) shall be amended as follows—
a
after subsection (1)(b) insert—
ba
to provide secondary education to persons who would, if they were pupils at a school, be in the fourth key stage,
bb
to provide education which is secondary education by virtue of section 2(2B) of the Education Act 1996 (definition of secondary education),
bc
to participate in the provision of secondary education at a school,
and
b
after subsection (1) insert—
1A
A higher education corporation may not provide education of a kind specified in subsection (1)(ba) or (bb) above unless they have consulted such local education authorities as they consider appropriate.
I53143 Further education sector: designated institutions.
1
Section 28 of the M54Further and Higher Education Act 1992 (designation for funding by Further Education Funding Councils) shall be amended as follows—
a
in subsection (1) for “as eligible to receive support from funds administered by the councils” substitute “
for the purposes of this section
”
,
b
subsection (2)(b) shall cease to have effect, and
c
after subsection (2)(c) add—
or
d
an institution established for the purpose of being principally concerned with the provision of one or both of the kinds of education specified in subsection (1) above.
2
The following shall be substituted for section 30 of the M55Further and Higher Education Act 1992 (special provision for voluntary aided sixth form colleges)—
30 Special provision for certain institutions.
1
Notwithstanding anything in section 29 of this Act, the instrument of government of a designated institution to which this section applies must provide—
a
for the governing body of the institution to include persons appointed for the purpose of securing so far as practicable that the established character of the institution at the time of its designation is preserved and developed and, in particular, that the institution is conducted in accordance with any trust deed relating to it, and
b
for the majority of members of the governing body to be such governors.
2
This section applies to—
a
an institution which, when designated, was a voluntary aided school, and
b
an institution specified, or falling within a class specified, by the Secretary of State by order.
3
The Secretary of State may specify an institution or a class of institutions only if the institution or each member of the class is principally concerned with the provision of the education specified in section 28(1)(a) above.
4
The reference in subsection (1)(a) above to the established character of an institution is, in relation to an institution established shortly before or at the same time as being designated, a reference to the character which the institution is intended to have on its establishment.
3
Section 32(2A) of the M56Further and Higher Education Act 1992 (transfer of property on designation) shall cease to have effect.
4
The Secretary of State may make an order providing for the constitution as a body corporate of the governing body of an institution in England which is designated under section 28 of the M57Further and Higher Education Act 1992.
5
The National Assembly for Wales may make an order providing for the constitution as a body corporate of the governing body of an institution in Wales which is designated under section 28 of the M58Further and Higher Education Act 1992.
6
An order under subsection (4) or (5) may—
a
make provision similar to any provision of section 18 or 19 of the M59Further and Higher Education Act 1992 (further education corporation: powers);
b
make provision for the continuity of the body corporate, including provision for the continuation of anything done under section 29 of the M60Further and Higher Education Act 1992 (government and conduct of designated institutions);
c
make provision expressed to have effect subject to the institution’s instrument or articles of government;
d
make provision which confers exempt charitable status (for the purposes of the M61Charities Act 1993) and which relates to the governing body or to an institution administered by or established for the purposes of that body;
e
make provision about the discontinuance of the institution;
f
make provision about the dissolution of the body corporate (including provision about the treatment of property, rights and liabilities).
7
Before making an order in relation to an institution under subsection (4) or (5) the Secretary of State or the National Assembly shall consult—
a
the governing body of the institution, and
b
the trustees of any trust relating to the institution.
I54144 Designated institutions: disposal of land, &c.
1
This section applies to land which after the coming into force of this section is transferred to trustees under section 32(3)(b) of the M62Further and Higher Education Act 1992 (transfer of property on designation of institution).
2
This section also applies to land which—
a
is held by trustees for the purposes of an institution which became a designated institution after the coming into force of this section, and
3
If trustees dispose of land to which this section applies they shall notify the appropriate F88authority.
4
If trustees dispose of land to which this section applies they shall pay to the appropriate F89authority so much of the proceeds of disposal as may be determined to be just—
a
by agreement between the trustees and the F89authority, or
b
in default of agreement,
F90i
if the land is in England, the Secretary of State;
ii
if the land is in Wales, by an arbitrator to be appointed (the expense of which shall be borne equally by the trustees and the National Assembly for Wales) in default of agreement, by the President of the Chartered Institute of Arbitrators.
5
In making a determination under subsection (4) regard shall be had, in particular, to—
a
the value of the land at the date of the determination, and
b
any enhancement of the land’s value which is attributable to expenditure by the trustees or the governing body of the designated institution.
6
More than one determination may be made under subsection (4) in relation to a particular disposal where it is just to do so, in particular where the disposal involves the creation of a lease.
7
If trustees permit land to which this section applies to be used for purposes not connected with the designated institution—
a
they shall be treated for the purposes of this section as having disposed of the land, and
b
subsection (4) shall have effect as if the reference to the proceeds of disposal were a reference to the value of the land.
8
Where a designated institution has ceased to exist—
a
this section applies to land which satisfied subsection (1) or (2) immediately before the institution ceased to exist, and
b
in subsection (7) the reference to purposes not connected with the designated institution shall be treated as a reference to purposes not connected with an institution within the further education sector (within the meaning given by section 91(3) of the M65Further and Higher Education Act 1992).
9
In this section “the appropriate F91authority” means—
a
the Learning and Skills Council for England, in respect of land in England, and
b
the F92National Assembly for Wales, in respect of land in Wales.
I55145 Further education colleges: governors’ liability.
1
Subsection (2) applies where a member of a body listed in subsection (3) is found liable in civil legal proceedings in respect of something which he did or omitted to do in the course of carrying out his duties as a member of the body.
2
If—
a
the member of the body applies to a court for an order under this subsection, and
b
the court considers that the action or omission which gives rise to the member’s liability was honest and reasonable,
the court may make an order extinguishing, reducing or varying the liability.
3
The bodies referred to in subsection (1) are—
a
a further education corporation established by virtue of section 15, 16 or 47 of the M66Further and Higher Education Act 1992, and
b
a body corporate established by virtue of section 143(4) or (5) of this Act.
4
Where a member of a body listed in subsection (3) applies to a court for an order under this subsection, the court may make any order which—
a
relates to liability in civil legal proceedings which may come to be incurred by the member in respect of a specified course of action, and
b
is of a kind which the court could have made if the liability had already been incurred.
5
In subsections (2)(a) and (4) “a court” means the High Court or a county court; but this subsection is subject to any order under section 1 of the M67Courts and Legal Services Act 1990 (allocation of business between High Court and county courts).
146 Financial support for students.
1
The M68Teaching and Higher Education Act 1998 shall be amended as follows.
2
In section 22 (new arrangements for giving financial support to students)—
a
in subsection (1) for “attending” substitute “
undertaking
”
, and
b
in subsections (2)(h) and (7) omit “attendance on”.
3
In section 23 (transfer or delegation of functions relating to student support) in subsection (1)(b)—
a
for “at” substitute “
with
”
, and
b
for “attending” substitute “
undertaking
”
.
4
In section 26 (imposition of conditions as to fees at further or higher education institutions) in subsections (4), (5) and (10)(b) for “attending” (in each place) substitute “
undertaking
”
.
5
In section 28(1) (interpretation) in the definition of “fees” for “attendance on” (in each place) substitute “
undertaking
”
.
147 Financial support for students: Northern Ireland.
1
The M69Education (Student Support) (Northern Ireland) Order 1998 shall be amended as follows.
F282
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
In Article 3 (new arrangements for giving financial support to students)—
a
in paragraph (1) for “attending” substitute “
undertaking
”
;
b
in paragraphs (2)(h) and (7) omit “attendance on”.
4
In Article 4 (transfer or delegation of functions relating to student support) in paragraph (1)(b)—
a
for “at” substitute “
with
”
, and
b
for “attending” substitute “
undertaking
”
.
F285
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I56148 Sex education.
1
The M70Education Act 1996 shall be amended as follows.
2
F12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
In section 403 (sex education: manner of provision) in subsection (1) omit “local education authority,”.
4
After subsection (1) of that section insert—
1A
The Secretary of State must issue guidance designed to secure that when sex education is given to registered pupils at maintained schools—
a
they learn the nature of marriage and its importance for family life and the bringing up of children, and
b
they are protected from teaching and materials which are inappropriate having regard to the age and the religious and cultural background of the pupils concerned.
1B
In discharging their functions under subsection (1) governing bodies and head teachers must have regard to the Secretary of State’s guidance.
1C
Guidance under subsection (1A) must include guidance about any material which may be produced by NHS bodies for use for the purposes of sex education in schools.
1D
The Secretary of State may at any time revise his guidance under subsection (1A).
5
In subsection (2) of that section—
a
for “subsection (1)” substitute “
this section
”
, and
b
at the end insert “and “NHS body” has the same meaning as in section 22 of the National Health Service Act 1977.”
6
In section 404 (sex education: statements of policy) after subsection (1) insert—
1A
A statement under subsection (1) must include a statement of the effect of section 405.
I57149 Amendments.
Schedule 9 contains miscellaneous and consequential amendments.
General
150 Wales.
1
Where this Part of this Act confers a function on the Secretary of State (whether by amendment of another Act or otherwise)—
a
the function shall be exercisable in relation to Wales by the National Assembly for Wales, and
b
for that purpose any reference to the Secretary of State shall be taken as a reference to the National Assembly.
2
Where—
a
this Part confers a function on the Secretary of State by amendment of an Act, and
b
any functions of that Act have before the passing of this Act been transferred to the National Assembly by Order in Council under section 22 of the M71Government of Wales Act 1998 (transfer of functions),
the Order shall be treated for the purposes of any varying or revoking Order as having transferred to the National Assembly the function mentioned in paragraph (a).
3
Subsection (1)(a) has effect subject to any Order in Council made by virtue of subsection (2).
4
This section shall not apply in relation to—
b
the amendment of section 1(3) of the M72Education (Fees and Awards) Act 1983 (fees at institutions) made by Schedule 9 to this Act,
c
the amendment of section 26 of the M73Employment Act 1988 (status of trainees etc) made by Schedule 9 to this Act, or
d
the amendment of section 19 of the M74Disability Discrimination Act 1995 (discrimination in relation to goods, facilities and services) made by Schedule 9 to this Act.
151 Transitional provisions.
1
a
the dissolution of the Further Education Funding Councils, and
b
the establishment of the Learning and Skills Council for England F96....
F1862
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
Part IV of Schedule 10 contains transitional provision relating to the M75Education (Student Loans) Act 1990.
4
Nothing in that Schedule prejudices the generality of section 152(6).
152 Orders and regulations.
1
Any power to make an order or regulations under this Act shall be exercised by statutory instrument.
2
A statutory instrument is subject to annulment in pursuance of a resolution of either House of Parliament if the instrument contains—
a
an order made by the Secretary of State under any provision of this Act other than section 143(4) or 154(1) or (3), or
b
regulations made by the Secretary of State under any provision of this Act.
F2402A
Subsection (2) does not apply to a statutory instrument that contains regulations to which subsection (2B) applies F282 or an order to which subsection (2C) applies .
2B
The first regulations under section 18A(2) may not be made unless a draft of the regulations has been laid before and approved by a resolution of each House of Parliament.
F2832C
An order under section 4B(6) or paragraph 9 of Schedule 1A may not be made unless a draft of the order has been laid before and approved by a resolution of each House of Parliament.
2D
If a draft of an order under paragraph 9 of Schedule 1A would, apart from this subsection, be treated for the purposes of the Standing Orders of either House of Parliament as a hybrid instrument, it is to proceed in that House as if it were not a hybrid instrument.
3
A statutory instrument is subject to annulment in pursuance of a resolution of the Scottish Parliament if the instrument contains regulations made by the Scottish Ministers under section 104.
4
The power of F13the Department for Employment and Learning in Northern Ireland to make regulations under section 106 or 109 shall be exercisable by statutory rule for the purposes of the M76Statutory Rules (Northern Ireland) Order 1979; and any such regulations shall be subject to negative resolution within the meaning of section 41(6) of the M77Interpretation Act (Northern Ireland) 1954 as if they were statutory instruments within the meaning of that Act.
5
An order or regulations under this Act may make different provision for different purposes.
6
An order or regulations under this Act may contain such incidental, supplementary, saving or transitional provisions as the person making the order or regulations thinks fit.
I58153 Repeals.
Schedule 11 contains repeals.
154 Commencement.
P11
The following provisions of this Act shall come into force in accordance with provision made by the Secretary of State by order—
a
Parts I and III,
b
sections 89, 90, 92, 94, 98, 100(1), 101, 104 to 109, 114 to 122, 132 to 136, 146 and 147,
c
in Schedule 9, paragraphs 11, 14, 35, 37 to 39, 41 to 43, 47 to 50, 52(3), 83, 87 and 88,
d
Part IV of Schedule 10, and
2
The following provisions of this Act shall come into force in accordance with provision made by the National Assembly for Wales by order—
a
Parts II and IV, and
b
sections 91, 93, 99, 100(2), 102, 123 to 129 and 138.
3
If and in so far as a provision of this Part relates to England, the Secretary of State may (subject to subsection (5)) make provision by order about its commencement.
4
If and in so far as a provision of this Part relates to Wales, the National Assembly for Wales may (subject to subsection (5)) make provision by order about its commencement.
5
Subsections (3) and (4) do not apply to—
a
a provision mentioned in subsection (1) or (2),
b
any of sections 130, 131, 150, 151, 152, 155 and 156,
c
Schedule 8,
d
any provision of Schedule 9 or 11 which is consequential upon section 130 or 131 or Schedule 8,
e
Parts I to III of Schedule 10, or
f
this section.
6
The Secretary of State may by order make provision—
a
in consequence of a provision of this Act being brought into force at different times in relation to England and in relation to Wales, or
b
in consequence of one provision of this Act being brought into force before another.
7
The National Assembly for Wales may by order make provision in relation to Wales in consequence of either of the matters mentioned in subsection (6)(a) and (b).
8
An order under subsection (6) or (7) may, in particular, disapply or modify the application of provision made by or under this or any other Act.
155 Extent.
1
Sections 104, 152, 154, 156 and this section extend to England and Wales, Scotland and Northern Ireland.
2
Section 107 extends to England and Wales and Northern Ireland.
3
Sections 106, 109 and 147 extend to Northern Ireland only.
4
Any amendment or repeal in this Act has the same extent as the provision amended or repealed.
5
Subject to the above, this Act extends to England and Wales only.
156 Citation.
This Act may be cited as the Learning and Skills Act 2000.
SCHEDULES
SCHEDULE 1 Learning and Skills Council for England
Chief executive
1
1
One of the Council’s members is to be its chief executive.
2
The first chief executive is to be appointed by the Secretary of State and to hold and vacate office in accordance with the terms of his appointment.
3
Each subsequent chief executive is to be appointed by the Council on such terms as it determines.
4
An appointment or determination under sub-paragraph (3) requires the Secretary of State’s approval.
5
If a person to be appointed under sub-paragraph (3) is not already a member of the Council, the Secretary of State must appoint him as a member for the same term as the term of his appointment as chief executive.
6
If a person to be appointed under sub-paragraph (3) is already a member of the Council but his term of appointment as such ends before the term of his appointment as chief executive ends, the Secretary of State must extend his term of appointment as a member so that it ends when the term of his appointment as chief executive ends.
Tenure of members
2
1
A person is to hold and vacate office as a member or as chairman or chief executive of the Council in accordance with the terms of his appointment.
2
On ceasing to be a member or chairman or chief executive a person is eligible for re-appointment.
3
A person may at any time by notice in writing to the Secretary of State resign his office as a member or as chairman or chief executive.
3
1
This paragraph applies if the Secretary of State is satisfied that a member—
a
has been absent from meetings of the Council for a period longer than 6 consecutive months without the Council’s permission, or
b
is unable or unfit to carry out the functions of a member.
2
The Secretary of State may by notice in writing to the member remove him from office, which shall then become vacant.
Salaries, pensions, etc
4
1
The Council must pay in respect of its members such salaries and fees and such travelling, subsistence and other allowances as the Secretary of State may determine.
2
A payment under sub-paragraph (1) may be made to the member concerned or (if the member consents) to another person.
3
As regards any member in whose case the Secretary of State may so determine, the Council must pay or make provision for the payment of such sums by way of pension, allowances and gratuities to or in respect of him as the Secretary of State may determine.
4
If a person ceases to be a member and it appears to the Secretary of State that there are special circumstances making it right that he should receive compensation, the Secretary of State may direct the Council to make to the person a payment of such amount as the Secretary of State may determine.
Staff
5
1
The Council may appoint such employees as it thinks fit.
2
A person is to be appointed as an employee of the Council on such terms (including terms as to remuneration and allowances) as the Council may determine.
3
A determination under this paragraph requires the Secretary of State’s approval.
6
1
Employment with the Council is to be included among the kinds of employment to which a scheme under section 1 of the M80Superannuation Act 1972 can apply.
2
The Council must pay to the Minister for the Civil Service such sums as he may determine in respect of the increase attributable to sub-paragraph (1) in the sums payable out of money provided by Parliament under that Act; and the Council must pay the sums at such times as that Minister may direct.
3
If an employee of the Council is by reference to that employment a participant in a scheme under section 1 of that Act and is also a member of the Council, the Secretary of State may determine that his service as such a member is to be treated for the purposes of the scheme as service as an employee of the Council (whether or not any benefits are payable to or in respect of him by virtue of paragraph 4).
Delegation of functions
7
1
The Council may authorise the chairman or the chief executive to exercise such of its functions as it may determine.
2
If the chairman is authorised to exercise a function he may authorise another member of the Council to exercise it.
3
If the chief executive is authorised to exercise a function he may authorise an employee of the Council to exercise it.
Members’ interests
8
1
A member of the Council who is in any way directly or indirectly interested in any matter that is brought up for consideration at a meeting of the Council or a committee of the Council must disclose the nature of his interest to the meeting.
2
If such a disclosure is made—
a
the disclosure must be recorded in the minutes of the meeting, and
b
the member must not take any part in any deliberation or decision of the Council or any committee of the Council with respect to that matter.
3
If a member is not present at a meeting at which a matter in which he is interested is brought up for consideration, sub-paragraph (1) only applies to him if he was aware that the matter would be brought up for consideration at the meeting.
4
For the purposes of sub-paragraph (1) a general notification given at a meeting by a member to the effect that he—
a
has an interest in a specified company, firm or other organisation, and
b
is to be regarded as interested in any matter involving that company, firm or other organisation,
must be regarded as a sufficient disclosure of his interest in relation to any such matter.
5
A member need not attend in person at a meeting in order to make a disclosure which he is required to make under this paragraph if he takes reasonable steps to secure that the disclosure is made by a notice which is read and considered at the meeting.
6
The Secretary of State may remove a disability under this paragraph subject to such conditions as he considers appropriate.
7
The power of the Secretary of State under sub-paragraph (6) includes power to remove (either indefinitely or for any period) a disability which would otherwise attach to any member, or members of any description, by reason of such interests, and in respect of such matters, as may be specified or described by the Secretary of State.
8
Nothing in this paragraph precludes any member from taking part in the consideration or discussion of, or in voting on, any question whether an application should be made to the Secretary of State for the exercise of the power conferred by sub-paragraph (6).
Proceedings
9
1
A representative of the Secretary of State is entitled to attend and take part in any deliberations (but not in decisions) at meetings of the Council.
2
The Council must provide the Secretary of State with such copies (and made in such form) as he may require of any information distributed to members of the Council.
3
This paragraph is without prejudice to any other rights the Secretary of State may have as a condition of any grants made to the Council under this Act.
10
The validity of any proceedings of the Council is not to be affected by a vacancy among the members or by any defect in the appointment of a member.
11
The Council may regulate its own procedure, subject to the preceding provisions of this Schedule.
Seal and proof of instruments
12
The application of the Council’s seal must be authenticated by the signature—
a
of the chairman or of some other person authorised (generally or specially) by the Council to act for that purpose, and
b
of one other member.
13
1
This paragraph applies if a document purports to be an instrument made or issued by or on behalf of the Council and—
a
to be duly executed under the Council’s seal, or
b
to be signed or executed by a person authorised by the Council to act in that behalf.
2
The document must be received in evidence and treated (without further proof) as being so made or issued unless the contrary is shown.
Accounts
14
1
The Council must—
a
keep proper accounts and proper records in relation to them;
b
prepare a statement of accounts in respect of each financial year of the Council;
c
send copies of the statement to the Secretary of State and to the Comptroller and Auditor General before the end of August next following the financial year to which the statement relates.
2
The statement of accounts must comply with any directions given by the Secretary of State as to—
a
the information to be contained in it;
b
the manner in which the information is to be presented;
c
the methods and principles according to which the statement is to be prepared.
3
The statement of accounts must contain such additional information as the Secretary of State may require to be provided for the information of Parliament.
4
The Comptroller and Auditor General must—
a
examine, certify and report on each statement received by him under this paragraph;
b
lay copies of each statement and of his report before each House of Parliament.
Council’s status
15
1
The Council is not to be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown.
2
The Council’s property is not to be regarded as property of the Crown or as property held by or on its behalf.
F284SCHEDULE 1ALearning aims for persons aged 19 and over
Sch. 1A inserted (19.6.2009 for specified purposes, 1.8.2009 in so far as not already in force) by Education and Skills Act 2008 (c. 25), ss. 86(8), 173(4); S.I. 2009/1513, art. 2(1); S.I. 2009/1606, art. 2
Part 1
Qualifications to which this Schedule applies
1
This paragraph applies to the following qualifications—
a
a specified qualification in level 1 literacy,
b
a specified qualification in entry level 3 numeracy,
c
a specified vocational qualification at level 2.
2
This paragraph applies to a specified qualification at level 3.
Part 2
Power to specify
3
1
In paragraphs 1 and 2, a reference to a specified qualification is to an external qualification which is specified, or which is of a description specified, in regulations made by the Secretary of State.
2
The regulations may specify qualifications, or descriptions of qualifications, by reference to an assessment made by the Council of the level of attainment demonstrated by a qualification; and for that purpose the regulations may confer a function (which may include the exercise of a discretion) on the Council.
3
The regulations may make provision which applies subject to exceptions specified in the regulations.
4
In sub-paragraph (1), “external qualification” has the meaning given in section 24 of the Education Act 1997.
Level 1 literacy
4
Level 1 literacy is the level of attainment in literacy which, in the opinion of the Secretary of State, is the minimum required in that respect by persons aged 19 and over in order to be able to operate effectively in day-to-day life.
Entry level 3 numeracy
5
Entry level 3 numeracy is the level of attainment in numeracy which, in the opinion of the Secretary of State, is the minimum required in that respect by persons aged 19 and over in order to be able to operate effectively in day-to-day life.
Level 2
6
Level 2 is the level of attainment (in terms of breadth and depth) which, in the opinion of the Secretary of State, is demonstrated by the General Certificate of Secondary Education in five subjects, each at Grade C or above.
Level 3
7
Level 3 is the level of attainment (in terms of breadth and depth) which, in the opinion of the Secretary of State, is demonstrated by the General Certificate of Education at the advanced level in two subjects.
Advice and information
8
In forming an opinion for the purposes of this Schedule, the Secretary of State may have regard, in particular, to advice or information relating to qualifications which is provided by—
a
the Council, or
b
the Qualifications and Curriculum Authority.
Power to amend
9
1
The Secretary of State may by order amend this Schedule so as to—
a
add a category of qualification to Part 1;
b
remove a category of qualification for the time being referred to in Part 1;
c
substitute a different qualification for a qualification for the time being referred to in Part 2;
d
make consequential amendments.
2
The power conferred by sub-paragraph (1)(b) includes power to remove every category of qualification to which a paragraph of Part 1 for the time being applies.
F241SCHEDULE 2 Local councils
Sch. 2 repealed (21.2.2008) by Further Education and Training Act 2007 (c. 25), ss 3(2)(b), 32(5), Sch. 2; S.I. 2008/313, art. 2(b)(i)
Director
1
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Tenure of members
2
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Salaries, allowances
4
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Staff
5
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Delegation of functions
6
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Proceedings
7
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULE 3 Committees (England)
General
1
1
The Council—
F245a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
may establish such F247... committees as it thinks fit.
2
Members of a committee may be (but need not be) members of the Council.
3
Nothing in this Schedule applies to F246regional learning and skills councils.
Young people’s learning committee
F2482
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Adult learning committee
F2493
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F250Functions and members of committees
Sch. 3 para. 4 heading substituted (21.2.2008) by Further Education and Training Act 2007 (c. 25), s. 32(5), Sch. 1 para. 16(3); S.I. 2008/313, art. 2(h)
4
1
This paragraph applies to any committee of the Council F251....
2
The committee’s functions—
a
are to be such functions as the Council specifies, and
b
are to concern such matters as the Council specifies.
3
The committee’s members are to be appointed by the Council.
Tenure of members
5
1
A person is to hold and vacate office as a member of a committee of the Council in accordance with the terms of his appointment.
2
On ceasing to be a member of a committee a person is eligible for re-appointment.
F2533
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
A person may at any time by notice in writing to the Council resign his office as a member of F252a committee.
6
1
This paragraph applies if the Council is satisfied that a member of a committee of the Council—
a
has been absent from meetings of the committee for a period longer than 6 consecutive months without the committee’s permission, or
b
is unable or unfit to carry out the functions of a member.
2
The Council may by notice in writing to the member remove him from office, which shall then become vacant.
Allowances
7
The Council must pay to the members of any of its committees who are not members of the Council such travelling, subsistence and other allowances as the Secretary of State may determine.
Proceedings
8
1
A representative of the Secretary of State is entitled to attend and take part in any deliberations (but not in decisions) at meetings of any committee of the Council.
2
The Council must provide the Secretary of State with such copies as he may require of any documents distributed to members of any committee of the Council.
9
The validity of any proceedings of any committee of the Council is not to be affected by a vacancy among the members or by any defect in the appointment of a member.
10
The Council may regulate the procedure of any of its committees, subject to the preceding provisions of this Schedule.
F31SCHEDULE 4 National Council for Education and Training for Wales
Sch. 4 omitted (1.4.2006) by virtue of National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 80 (with art. 7)
F31 Chief executive
F311
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F31 Tenure of members
F312
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F313
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F31 Salaries, pensions, Et ceteralaetc
F314
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F31 Staff
F315
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F316
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F31 Delegation of functions
F317
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F31 Members’ interests
F318
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F31 Proceedings
F319
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3110
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3111
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F31 Seal and proof of instruments
F3112
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3113
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F31 Accounts
F3114
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F31 Council’s status
F3115
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F32SCHEDULE 5 Committees (Wales)
Sch. 5 omitted (1.4.2006) by virtue of National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 81 (with art. 7)
General
1
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Regional committees
2
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Other committees
4
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Tenure of members
5
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Allowances
6
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Delegation of functions
7
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Proceedings
8
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
9
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
10
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F163SCHEDULE 6 The Adult Learning Inspectorate
Sch. 6 repealed (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 14 para. 65, Sch. 18 Pt. 5; S.I. 2007/935, art. 5(gg)(ii)
F163 Tenure of members
F1631
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1632
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F163 Salaries, pensions, Et ceteralaetc
F1633
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F163 Staff
F1634
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1635
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1636
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F163 Committees
F1637
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F163 Supplementary powers
F1638
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F163 Delegation of functions
F1639
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F163 Members’ interests
F16310
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F163 Proceedings
F16311
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F163 Seal and proof of instruments
F16312
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F16313
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F163 Accounts
F16314
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F163 Financial year of the Inspectorate
F16315
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F163 Inspectorate’s status
F16316
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F163 House of Commons disqualification
F16317
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F124SCHEDULE 7F124Sixth forms requiring significant improvement
Sch. 7 heading substituted (1.9.2005 for E., 1.9.2006 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 5 para. 3(2); S.I. 2005/2034, art. 4; S.I. 2006/1338, art. 3, Sch. 1
C3F124 Part I Power to publish proposals
Sch. 7 Pt. 1: functions transferred (E.) (1.4.2002) by Contracting Out (Local Education Authority Functions) (England) Order 2002 (S.I. 2002/928), art. 3, Sch. 3 para. (p)
Secondary schools
I591
1
Paragraphs 2 to 7 apply to a maintained school (within the meaning given by section 20(7) of the M81School Standards and Framework Act 1998) which—
a
provides full-time education suitable to the requirements of pupils over compulsory school age, and
b
provides full-time education suitable to the requirements of pupils of compulsory school age.
F1252
For the purposes of those paragraphs a school requires significant improvement in relation to its sixth form if—
a
the school is failing to give its pupils over compulsory school age an acceptable standard of education, or
b
in relation to its provision for pupils over compulsory school age, the school is performing significantly less well than it might in all the circumstances reasonably be expected to perform.
F1262
If a person who inspects a school—
a
states in his report an opinion, in accordance with section 13(4), 34(7) or 35 (2) or (5) of the Education Act 2005 (school no longer requiring special measures), that special measures are not required to be taken in relation to the school, but
b
is of the opinion that the school requires significant improvement in relation to its sixth form,
he shall state that opinion in his report.
I603
1
2
The Chief Inspector shall make a report about the school stating his opinion.
F1283
The report shall be treated for all purposes of this Schedule and Part 1 of the Education Act 2005 (inspections) as if it were a report of an inspection of a school under section 5 or 28 of that Act.
I614
1
Parts II and III of this Schedule shall apply in relation to a school if—
a
an opinion that it F129requires significant improvement in relation to its sixth form is stated in a report in accordance with paragraph 2, and
b
where F130the report relates to a school in Wales and the person making the report is not a member of the Inspectorate, the report also states that the Chief Inspector agrees with his opinion.
2
Parts II and III of this Schedule shall also apply in relation to a school if—
F131a
a report of an inspection under Chapter 1 or 3 of Part 1 of the Education Act 2005 states the opinion that the school requires significant improvement in relation to its sixth form,
b
the next report of a kind mentioned in paragraph (a) also states that opinion,
c
F132in the case of a school in Wales each report either results from an inspection by a member of the Inspectorate or states that the Chief Inspector agrees with the opinion mentioned in paragraph (a) or (b), and
d
neither report states the opinion that special measures are required to be taken in relation to the school.
I625
1
Parts II and III of this Schedule shall cease to apply in relation to a school if a report of an inspection under F133Chapter 1 or 3 of Part 1 of the Education Act 2005 or F188, section 128 of the Education and Inspections Act 2006 or section 83 of this Act concludes—
a
that special measures are required to be taken in relation to the school, or
F1352
Where F135, in the case of a school in Wales, the person making a report is not a member of the Inspectorate, sub-paragraph (1) shall not apply unless the report states that the Chief Inspector agrees with the conclusion mentioned in that sub-paragraph.
3
Sub-paragraph (1) shall not prevent the continued application of Parts II and III of this Schedule in a case where proposals have been published under paragraph 16 or 20.
I636
F1361
This paragraph applies to a report of an inspection under Chapter 1 or 3 of Part 1 of the Education Act 2005 which—
a
states an opinion that a school requires significant improvement in relation to its sixth form, and
b
in the case of a school in Wales, is made by a member of the Inspectorate or states that the Chief Inspector agrees with the opinion mentioned in paragraph (a).
2
The person making a report to which this paragraph applies shall send a copy (together with a copy of the summary, if there is one)—
a
to the Secretary of State or, in the case of a school in Wales, the National Assembly for Wales, and
F137b
if either—
i
the school is in England, or
ii
the school is in Wales and the person making the report is a member of the Inspectorate,
to the appropriate authority for the school.
F1383
The following provisions of the Education Act 2005 shall apply (with the necessary modifications) in relation to a report to which this paragraph applies—
a
in the case of a school in England—
i
section 14(2) (additional copies),
ii
section 14(4) (publication by appropriate authority), and
iii
where the local education authority receives a copy of a report about a school the governing body of which have a delegated budget, F189section 15(2) to (4) (measures by local education authority), and
b
in the case of a school in Wales—
i
section 38(2) (additional copies),
ii
section 38(4) (publication by appropriate authority),
iii
section 39 (action plan by appropriate authority), and
iv
where the local education authority receives a copy of a report about a school the governing body of which have a delegated budget, section 40(2) and (3) (measures by local education authority).
4
In the application of those provisions—
a
a reference to a report and summary shall be taken as a reference to a report and, if there is one, its summary, and
b
a reference to a summary alone shall be taken, in a case where there is no summary, as a reference to the report.
F1397
1
Where a person who inspects a school is of the opinion that a school requires significant improvement in relation to its sixth form, the provisions specified in sub-paragraph (2) shall apply, with the necessary modifications, as they apply where he is of the opinion that special measures are required to be taken in relation to the school.
2
Those provisions are—
a
in the case of a school in England, section 13(1) to (3) of the Education Act 2005 (duty of Chief Inspector to send draft report to governing body or proprietor, to consider their comments and to state opinion in report),
b
in the case of a school in Wales, section 34(1) to (6) of that Act (registered inspectors) or, as the case requires, section 35(1) of that Act (members of the Inspectorate).
Institutions for 16-19 year olds
I648
Paragraphs 9 to 14 apply to a maintained school (within the meaning given by section 20(7) of the M82School Standards and Framework Act 1998) which—
a
provides full-time education suitable to the requirements of pupils over compulsory school age, and
b
does not provide full-time education suitable to the requirements of pupils of compulsory school age.
F1249
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I6510
1
This paragraph applies if in the course of an area inspection under F190section 128 of the Education and Inspections Act 2006 or section 83 of this Act the Chief Inspector forms the opinion that—
a
special measures are required to be taken in relation to a particular school, or
b
that a particular school F140requires significant improvement.
2
The Chief Inspector shall make a report about the school stating his opinion.
3
I6611
F1431
Parts 2 and 3 of this Schedule shall apply—
a
in relation to a school in England, if a report of an inspection of the school made under Chapter 1 of Part 1 of the Education Act 2005 states—
i
in accordance with subsection (4) of section 13, an opinion that special measures are not required to be taken in relation to the school, and
ii
in accordance with subsection (3)(b) of that section, an opinion that the school requires significant improvement,
b
in relation to a school in Wales, if—
i
a report of an inspection of the school made under Chapter 3 of Part 1 of the Education Act 2005 states in accordance with section 34(7) or 35(5) an opinion that special measures are not required to be taken in relation to the school,
ii
the report also states in accordance with section 34(6) or 35(4) an opinion that the school requires significant improvement, and
iii
where the person making the report is not a member of the Inspectorate, the report also states that the Chief Inspector agrees with his opinion.
2
Parts II and III of this Schedule shall also apply in relation to a school if—
F144a
a report of an inspection under Chapter 1 or 3 of Part 1 of the Education Act 2005 states that special measures are required to be taken in relation to the school or that the school requires significant improvement,
b
the next report of a kind mentioned in paragraph (a) also states an opinion of a kind mentioned in that paragraph, and
c
F145in the case of a school in Wales each report either results from an inspection by a member of the Inspectorate or states that the Chief Inspector agrees with the opinion mentioned in paragraph (a) or (b).
I6712
1
Parts II and III of this Schedule shall cease to apply in relation to a school if a report of an inspection under F146Chapter 1 or 3 of Part 1 of the Education Act 2005 or F191, section 128 of the Education and Inspections Act 2006 or section 83 of this Act states—
a
that special measures are not required to be taken in relation to the school, or
b
that the school does not F147require significant improvement.
2
WhereF148, in the case of a school in Wales, the person making a report is not a member of the Inspectorate, sub-paragraph (1) shall not apply unless the report states that the Chief Inspector agrees with the conclusion mentioned in that sub-paragraph.
3
Sub-paragraph (1) shall not prevent the continued application of Parts II and III of this Schedule in a case where proposals have been published under paragraph 24 or 28.
F19213
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F14914
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part II Publication of proposals
Closure of sixth form: England
I6815
Paragraphs 16 and 17 apply to a school which is maintained by a local education authority in England and which—
a
provides full-time education suitable to the requirements of pupils who are over compulsory school age, and
b
provides full-time education suitable to the requirements of pupils of compulsory school age.
I6916
1
The Learning and Skills Council for England may publish proposals for an alteration of the school as a result of which it will no longer provide education suitable to the requirements of pupils who are over compulsory school age.
2
The proposals shall contain such information and be published in such manner as may be prescribed.
3
Before publishing proposals the Council shall, having regard to any guidance issued by the Secretary of State, consult such persons as they consider appropriate.
F20017
The Council shall send a copy of the published proposals—
a
to the local education authority who maintain the school, and
b
in the case of a community or foundation special school, to such other persons as may be prescribed.
I7018
In paragraphs 16 and 17 “prescribed” means prescribed by regulations made by the Secretary of State.
Closure of sixth form: Wales
I7119
Paragraphs 20 and 21 apply to a school which is maintained by a local education authority in Wales and which—
a
provides full-time education suitable to the requirements of pupils who are over compulsory school age, and
b
provides full-time education suitable to the requirements of pupils of compulsory school age.
I7220
1
The F97National Assembly for Wales may publish proposals for an alteration of the school as a result of which it will no longer provide education suitable to the requirements of pupils who are over compulsory school age.
2
The proposals shall contain such information and be published in such manner as may be prescribed.
3
I7321
F1001
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1012
In the case of a community or foundation special school, the National Assembly for Wales shall send a copy of the published proposals to such persons as may be prescribed.
I7422
In paragraphs 20 and 21 “prescribed” means prescribed by regulations made by the National Assembly for Wales.
Closure of institution for 16-19 year olds: England
I7523
Paragraphs 24 and 25 apply to a school which—
a
is maintained by a local education authority in England,
b
provides full-time education suitable to the requirements of pupils over compulsory school age, and
c
does not provide full-time education suitable to the requirements of pupils of compulsory school age.
I7624
1
The Learning and Skills Council for England may publish proposals to discontinue the school.
2
The proposals shall contain such information and be published in such manner as may be prescribed.
3
Before publishing proposals the Council shall, having regard to any guidance issued by the Secretary of State, consult such persons as they consider appropriate.
F20125
The Council shall send a copy of the published proposals—
a
to the local education authority who maintain the school, and
b
in the case of a community or foundation special school, to such other persons as may be prescribed.
I7726
In paragraphs 24 and 25 “prescribed” means prescribed by regulations made by the Secretary of State.
Closure of institution for 16-19 year olds: Wales
I7827
Paragraphs 28 and 29 apply to a school which—
a
is maintained by a local education authority in Wales,
b
provides full-time education suitable to the requirements of pupils over compulsory school age, and
c
does not provide full-time education suitable to the requirements of pupils of compulsory school age.
I7928
1
The F102National Assembly for Wales may publish proposals to discontinue the school.
2
The proposals shall contain such information and be published in such manner as may be prescribed.
3
I8029
F1051
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1062
In the case of a community or foundation special school, the National Assembly for Wales shall send a copy of the published proposals to such persons as may be prescribed.
I8130
In paragraphs 28 and 29 “prescribed” means prescribed by regulations made by the National Assembly for Wales.
Schools maintained by LEA outside its area
I8231
1
This paragraph applies to a school which—
a
is a community, voluntary or foundation school, and
b
is situated in an area other than that of the local education authority who maintain it.
2
This Part of this Schedule shall have effect in relation to a school to which this paragraph applies with such modifications as may be prescribed—
a
for schools in England, by regulations made by the Secretary of State, and
b
for schools in Wales, by regulations made by the National Assembly for Wales.
F124Part III Implementation of proposals
England
I8332
1
Paragraphs 33 to 38 apply to schools F234maintained by a local education authority in England in respect of which proposals are published under this Schedule.
2
In those paragraphs—
“adjudicator” means a person appointed under section 25 of the M83School Standards and Framework Act 1998 (and that section and Schedule 5 to that Act shall have effect in relation to references to “the adjudicator”),
“the Council” means the Learning and Skills Council for England,
F202 “ the local education authority ” means the local education authority who maintain the school to which the proposals relate;
“prescribed” means prescribed by or determined in accordance with regulations,
“regulations” means regulations made by the Secretary of State, and
F204...
F2033
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I8433
Regulations may require any of the following to provide prescribed information to prescribed persons at prescribed times—
a
the Council,
b
a F205local education authority, and
c
an adjudicator.
I8534
I86C435
F2071
The local education authority must consider the proposals and, subject to subsection (2), may —
a
reject them,
b
approve them without modification,
c
approve them subject to modifications.
F238d
if the committee think it appropriate to do so, and subject to regulations, refer them to the adjudicator
1A
The authority—
a
may, if they think it appropriate to do so and subject to regulations, refer the proposals to the adjudicator, and
b
must do so in prescribed cases.
2
In considering proposals a F208local education authority shall have regard to—
a
any guidance issued by the Secretary of State,
F151b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c
any objections F231or comments made in accordance with paragraph 34 and not withdrawn.
3
Before approving proposals subject to modifications a F209local education authority shall consult such persons as may be prescribed.
4
An approval under sub-paragraph (1)(b) or (c) may be subject to the occurrence by a specified time of a specified event which is of a prescribed kind; and if the event does not occur by the specified time, the proposals shall F232fall to be considered afresh under sub-paragraph (1).
F2105
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2106
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2337
Where proposals are referred to the adjudicator—
a
he shall consider them afresh, and
8
I8736
1
Where proposals are approved under paragraph 35 they shall be implemented.
2
But the F214local education authority—
a
may modify the proposals, after consulting such persons as may be prescribed;
b
where the proposals were approved subject to the occurrence of a specified event by a specified time, may (before the arrival of the specified time) substitute a later time;
c
may determine that the proposals shall not be implemented if implementation would be unreasonably difficult or if it would be inappropriate because of changes in circumstances since the proposals were approved.
3
A F215local education authority may act under sub-paragraph (2)(a) or (b) only in response to a request by the Council.
4
A determination may be made under sub-paragraph (2)(c) only in response to a proposal of the Council which is published and dealt with in accordance with regulations (which may, in particular, apply any provision of this Schedule with or without modification); and where a determination is made under sub-paragraph (2)(c) in relation to proposals they shall be treated as rejected.
F21637
1
The local education authority—
a
may, if they think it appropriate to do so and subject to regulations, refer to the adjudicator any question which would otherwise fall to be determined by the authority under paragraph 36, and
b
in prescribed cases, must refer to the adjudicator any such matter.
2
Where a question is referred to the adjudicator—
a
he shall consider the matter afresh, and
b
for that purpose, paragraph 36 applies to him as it applies to the committee.
F2392A
A committee may, where they think it appropriate to do so and subject to regulations, refer to the adjudicator the question mentioned in sub-paragraph (1).
I8838
1
The duty to implement proposals to alter a school—
a
in the case of a community or community special school, shall be a duty of the local education authority, and
b
in the case of a voluntary, foundation or foundation special school, shall be a duty of the governing body.
2
The duty to implement proposals to discontinue a school—
a
in the case of a community or community special school, shall be a duty of the local education authority, and
b
in the case of a voluntary, foundation or foundation special school, shall be a shared duty of the governing body and the local education authority.
3
For the purpose of sub-paragraph (2)(a) or (b), a local education authority’s duty to discontinue a school is a duty to cease maintaining it.
Wales
I8939
1
Paragraphs 40 to 44 apply to schools F14maintained by a local education authority in Wales in respect of which proposals are published under this Schedule.
2
In those paragraphs—
“the National Assembly” means the National Assembly for Wales,
F107...
“prescribed” means prescribed by or determined in accordance with regulations, and
“regulations” means regulations made by the National Assembly.
I9040
Regulations may require F108the National Assembly to provide prescribed information to prescribed persons at prescribed times—
F109a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F109b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I9141
Any person may send objections to the proposals to the National Assembly within such period as may be prescribed.
I9242
F1101
After the expiry of the period mentioned in paragraph 41, the National Assembly shall determine whether to—
a
withdraw the proposals;
b
confirm them without modification; or
c
confirm them subject to modifications.
2
In making a determination under sub-paragraph (1), the National Assembly shall have regard to any objections made in accordance with paragraph 41 and not withdrawn.
3
Before F111confirming proposals subject to modifications the National Assembly shall consult such persons as they consider appropriate.
4
F1145
The National Assembly may withdraw its proposals at any time before a determination is made under this paragraph.
I9343
1
Where proposals are F115confirmed under paragraph 42 they shall be implemented.
2
But the National Assembly—
a
may modify the proposals, after consulting such persons as they consider appropriate;
b
where the proposals were F116confirmed subject to the occurrence of a specified event by a specified time, may (before the arrival of the specified time) substitute a later time;
c
may determine that the proposals shall not be implemented if implementation would be unreasonably difficult or if it would be inappropriate because of changes in circumstances since the proposals were F116confirmed.
F117F117...
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
A determination may be made under sub-paragraph (2)(c) only in response to a proposal of F118the National Assembly for Wales which is published and dealt with in accordance with regulations (which may, in particular, apply any provision of this Schedule with or without modification); and where a determination is made under sub-paragraph (2)(c) in relation to the proposals they shall be treated as rejected.
I9444
1
The duty to implement proposals to alter a school—
a
in the case of a community or community special school, shall be a duty of the local education authority, and
b
in the case of a voluntary, foundation or foundation special school, shall be a duty of the governing body.
2
The duty to implement proposals to discontinue a school—
a
in the case of a community or community special school, shall be a duty of the local education authority, and
b
in the case of a voluntary, foundation or foundation special school, shall be a shared duty of the governing body and the local education authority.
3
For the purpose of sub-paragraph (2)(a) or (b), a local education authority’s duty to discontinue a school is a duty to cease maintaining it.
Schools maintained by LEA outside its area
I9545
1
This paragraph applies to a school which—
a
is a community, voluntary or foundation school, and
b
is situated in an area other than that of the local education authority who maintain it.
2
This Part of this Schedule shall have effect in relation to a school to which this paragraph applies with such modifications as may be prescribed—
a
for schools in England, by regulations made by the Secretary of State, and
b
for schools in Wales, by regulations made by the National Assembly for Wales.
C5F20 SCHEDULE 7A Implementation of proposals for restructuring sixth-form education
Sch. 7A inserted (1.4.2003 for E., 1.8.2004 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 9 (with ss. 210(8), 214(4)); S.I. 2003/124, art. 4; S.I. 2004/1728, art. 4, Sch. Pt. 1
Sch. 7A power to modify conferred (1.4.2003 for E.) by Education Act 2002 (c. 32), ss. 74(2)(b), 216(4) (with ss. 210(8), 214(4)); S.I. 2003/124, art. 4
1Introductory
1
This Schedule applies to proposals under section 113A which have been approved F119or confirmed by the relevant authority under that section.
2
The proposals shall (subject to the following provisions of this paragraph) be implemented in the form in which they were so approved F119or confirmed, in accordance with this Schedule.
3
At the request of any persons prescribed in regulations, the relevant authority—
a
may modify the proposals after consulting such persons as may be prescribed, and
b
where any approval F120or confirmation was given subject to the occurrence of a specified event, may specify a later date by which the event in question must occur.
4
If the relevant authority is satisfied, after consulting such persons as may be prescribed in regulations—
a
that implementation of the proposals would be unreasonably difficult, or
b
that circumstances have so altered since approval F120or confirmation was given under section 113A that implementation of the proposals would be inappropriate,
it may determine that sub-paragraph (2) shall cease to apply to the proposal.
2Proposals to establish a school
To the extent that the proposals are proposals to establish a school, they shall be implemented by the local education authority which it is proposed shall establish the school.
3Proposals to make a prescribed alteration
1
To the extent that the proposals are proposals to make a prescribed alteration to a school, they shall be implemented in accordance with this paragraph.
2
Where the proposals relate to a community school, they shall be implemented by the local education authority which maintains the school.
3
Where the proposals relate to a voluntary aided school, they shall be implemented—
a
so far as relating to the provision of any relevant premises, by the local education authority which maintains the school, and
b
otherwise, by the governing body of the school.
4
For this purpose “ relevant premises ” means—
a
in relation to a local education authority in England, playing fields, and
b
in relation to a local education authority in Wales—
i
playing fields, or
ii
buildings which are to form part of the school premises but are not to be school buildings (within the meaning of the Education Act 1996).
5
Where the proposals relate to any other school, they shall be implemented by the local education authority which maintains the school and the governing body of the school, respectively, to such extent (if any) as the proposals provide for each of them to do so.
4Proposals to discontinue a school
To the extent that the proposals are proposals to discontinue a school they shall be implemented—
a
in the case of proposals relating to a community or community special school, by the local education authority which maintains the school, and
b
in any other case, by the local education authority which maintains the school and the governing body of the school.
F1965Supplementary
1
Where a local education authority in England are required under this Schedule to provide a site for a foundation or voluntary controlled school or foundation special school (or a proposed such school), paragraph 28 of Schedule 2 to the Education and Inspections Act 2006 applies as it applies in the circumstances mentioned in sub-paragraph (1) of that paragraph.
2
Where a local education authority in Wales are required under this Schedule to provide a site for a foundation or voluntary controlled school or foundation special school (or a proposed such school), paragraph 16 of Schedule 6 to the School Standards and Framework Act 1998 applies as it applies in the circumstances mentioned in sub-paragraph (1) of that paragraph.
6
1
In relation to England, where the governing body of a voluntary aided school are required by paragraph 3(3)(b) of this Schedule to implement proposals to make an alteration to the school, paragraph 5 of Schedule 3 to the School Standards and Framework Act 1998 (grants by Secretary of State in respect of expenditure on premises and equipment) applies in relation to the school.
2
In relation to Wales, paragraph 17 of Schedule 6 to the School Standards and Framework Act 1998 (grants in respect of certain expenditure relating to voluntary aided schools) applies in relation to the obligation under paragraph 3(3)(b) of this Schedule as it applies in relation to the obligations referred to in sub-paragraph (1)(a) of that paragraph 17.
7
1
A local education authority in England may give to the governing body of a voluntary aided school such assistance as the authority think fit in relation to the carrying out by the governing body of any obligation imposed on the governing body under this Schedule.
2
Paragraph 31 of Schedule 2 to the Education and Inspections Act 2006 applies in relation to assistance under sub-paragraph (1) as it applies in relation to assistance under paragraph 30 of that Schedule.
3
In relation to Wales, paragraph 18 of Schedule 6 to the School Standards and Framework Act 1998 (assistance from LEA in respect of voluntary aided schools) applies in relation to obligations imposed on the governing body of a voluntary aided school under this Schedule as it applies in relation to the obligations referred to in that paragraph, and paragraph 20 of that Schedule (duty on LEA to transfer interest in premises provided under paragraph 18) applies accordingly.
SCHEDULE 8 City academies: land
Sch. 8 repealed (1.8.2003 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2003/1718, art. 4, Sch. Pt. I
F21 ............
SCHEDULE 9 Amendments
Introduction
I961
The amendments specified in this Schedule shall have effect.
Public Records Act 1958 (c.51)
I972
In Schedule 1 to the Public Records Act 1958 (definition of public records) in Part II of the Table at the end of paragraph 3, insert at the appropriate places—
“Adult Learning Inspectorate.”,
“Learning and Skills Council for England.”
Superannuation Act 1972 (c.11)
I983
In Schedule 1 to the Superannuation Act 1972 (kinds of employment to which schemes may apply) in the list of “Other Bodies”, insert at the appropriate places—
Adult Learning Inspectorate.
Learning and Skills Council for England.
National Council for Education and Training for Wales.
House of Commons Disqualification Act 1975 (c.24)
I994
In Part III of Schedule 1 to the House of Commons Disqualification Act 1975 (offices disqualifying for membership) insert at the appropriate places—
Any member of the Learning and Skills Council for England in receipt of remuneration.
Any member of the National Council for Education and Training for Wales in receipt of remuneration.
Sex Discrimination Act 1975 (c.65)
I1005
In section 23A of the Sex Discrimination Act 1975 (discrimination by further education and higher education funding councils)—
a
for “the Further Education Funding Council for England, the Further Education Funding Council for Wales,” substitute “
the Learning and Skills Council for England, the National Council for Education and Training for Wales,
”
, and
b
after “the Education Acts” insert “
and the Learning and Skills Act 2000
”
.
I1016
After section 25 of that Act insert—
25A General duty: post-16 education and training etc.
1
The Learning and Skills Council for England and the National Council for Education and Training for Wales shall be under a general duty to secure that the facilities falling within subsection (2) and any ancillary benefits or services are provided without sex discrimination.
2
Facilities falling within this subsection are facilities for—
a
education,
b
training, and
c
organised leisure-time occupation connected with such education or training,
the provision of which is secured by the Learning and Skills Council for England or the National Council for Education and Training for Wales.
3
The provisions of sections 25 and 47 of the Learning and Skills Act 2000 shall be the only sanction for breach of the general duty in subsection (1), but without prejudice to the enforcement of section 23A under section 66 or otherwise (where the breach is also a contravention of that section).
I1027
1
Section 26 of that Act (exception for single-sex establishments) is amended as follows.
2
In subsections (1) and (2) for “and 25” in each place where the words occur substitute “
, 25 and 25A
”
.
3
In subsection (3) after “section 25” insert “
or 25A
”
.
F258
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Race Relations Act 1976 (c.74)
I1039
In section 18A of the Race Relations Act 1976 (discrimination by further education and higher education funding councils)—
a
for “the Further Education Funding Council for England, the Further Education Funding Council for Wales,” substitute “
the Learning and Skills Council for England, the National Council for Education and Training for Wales,
”
, and
b
after “the Education Acts” insert “
and the Learning and Skills Act 2000
”
.
F1510
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Education (Fees and Awards) Act 1983 (c.40)
11
In section 1 of the Education (Fees and Awards) Act 1983 (higher fees for students without UK connection) in subsection (3) insert after paragraph (e)—
f
any institution which receives funding from the Learning and Skills Council for England (whatever proportion that funding represents of the institution’s total funding) and which is specified in, or is of a class or description specified in, the regulations;
g
any institution which receives funding from the National Council for Education and Training for Wales (whatever proportion that funding represents of the institution’s total funding) and which is specified in, or is of a class or description specified in, the regulations.
Disabled Persons (Services, Consultation and Representation) Act 1986 (c.33)
I10412
In section 5(9) of the Disabled Persons (Services, Consultation and Representation) Act 1986 (disabled persons leaving special education) in the definition of “the responsible authority”, in paragraph (c) for “a further education funding council” substitute “
the Learning and Skills Council for England or the National Council for Education and Training for Wales
”
.
Local Government Act 1988 (c.9)
I10513
In paragraph 8(3)(a)(i) of Schedule 1 to the Local Government Act 1988 (competition: excluded activities) for “section 15” substitute “
section 15A or 15B
”
.
Employment Act 1988 (c.19)
14
In section 26 of the Employment Act 1988 (status of trainees etc) after subsection (1) insert—
1A
Where it appears to the Secretary of State that provision has been made under section 5(1)(c) or 34(1)(c) of the Learning and Skills Act 2000 for trainees to receive payments from the Learning and Skills Council for England or the National Council for Education and Training for Wales, the Secretary of State may by order provide—
a
that those trainees are, for the purposes and in the cases specified or described in or determined under the order, to be treated in respect of the training as being or as not being employed;
b
that where those trainees are treated as being employed they are to be treated as being the employees of the persons so specified, described or determined and of no others;
c
that where those trainees are treated as not being employed they are to be treated in such other manner as may be so specified, described or determined; and
d
that those payments are to be treated for the purposes of such enactments and subordinate legislation as may be so specified, described or determined in such manner as may be so specified, described or determined;
and for the purposes of this subsection trainees are persons receiving or proposing to receive training.
Education Reform Act 1988 (c.40)
I10615
In section 124 of the Education Reform Act 1988 (powers of higher education corporations)—
a
in subsection (2)(b) omit the words “, as defined by section 15(6) and (7) of the Education Act 1996”,
b
in subsection (2) for paragraph (f) substitute—
f
to subscribe for or otherwise acquire shares in or securities of a company for the purpose of carrying on any such activities;
and
c
at the end insert—
5
For the purposes of subsection (2)(b) 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 within the higher education sector for persons of his age.
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.
I10716
In section 128(1)(b) of that Act (dissolution of higher education corporations) for sub-paragraph (v) substitute—
v
the Learning and Skills Council for England or the National Council for Education and Training for Wales.
I10817
For section 161(1)(b) of that Act (interpretation: further or higher education functions) substitute—
b
references to the further or higher education functions of a local education authority are references to the functions of the authority (except in so far as they relate to secondary education) under sections 15A and 15B of the Education Act 1996 (post-16 education) and section 120 of this Act (higher education);
F23518
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Environmental Protection Act 1990 (c.43)
I10919
In section 98 of the Environmental Protection Act 1990 (definitions) in subsection (2)(e) for “or city college for the technology of the arts” substitute “
, city college for the technology of the arts or city academy,
”
.
Further and Higher Education Act 1992 (c.13)
I11020
In the Further and Higher Education Act 1992, omit sections 1 to 9 (the Further Education Funding Councils for England and Wales).
I11121
In section 18 of that Act (further education corporation: powers)—
a
after subsection (1)(b) insert “
and those powers are referred to in section 19 of this Act as the corporation’s principal powers
”
;
b
subsections (4) to (6) shall cease to have effect.
I11222
1
Section 19 of that Act (supplementary powers of a further education corporation) is amended as follows.
2
In subsection (3) omit “within the meaning of section 4(6) of this Act”.
3
In subsection (4) after paragraph (b) insert—
bb
subscribe for or otherwise acquire shares in or securities of a company,
4
After subsection (4) insert—
4A
The power conferred by subsection (4)(bb) above may not be exercised for the purpose of conducting an educational institution.
4B
The power conferred by subsection (4)(bb) above may not be exercised for the purpose of the provision of education if the provision is secured (wholly or partly) by financial resources provided by the Learning and Skills Council for England or the National Council for Education and Training for Wales.
4C
But subsection (4B) above shall not apply to the extent that the Council concerned consents to the exercise of the power conferred by subsection (4)(bb) above in a way which does not comply with the restriction in subsection (4B).
5
After subsection (5) insert—
6
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 within the further education sector for persons of his age.
7
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.
I11323
1
Section 22 of that Act (subsequent instruments and articles) is amended as follows.
2
In subsection (2) for “any instrument” substitute “
, replace or revoke any instrument of government or articles
”
.
3
In subsection (5)—
a
in paragraph (a) after “modify” insert “
, replace or revoke
”
;
b
in paragraph (b) after “modified” insert “
, replaced or revoked
”
.
I11424
1
Section 29 of that Act (government and conduct of designated institutions) is amended as follows.
2
In subsection (2) for “subsection (3)” substitute “
subsections (3) and (7A)
”
.
3
After subsection (7) insert—
7A
Provision made by the instrument in relation to the appointment of members of the governing body shall take into account the members who may be appointed by—
a
the Learning and Skills Council for England under section 11 of the Learning and Skills Act 2000, or
b
the National Council for Education and Training for Wales under section 39 of that Act.
4
In subsection (8) after “modify” insert “
, replace or revoke
”
and after “modified” insert “
, replaced or revoked
”
.
I11525
In section 31 of that Act (designated institutions conducted by companies) after subsection (2) insert—
2A
Provision made by the articles of association of the company in relation to the appointment of members of the governing body shall take into account the members who may be appointed by—
a
the Learning and Skills Council for England under section 11 of the Learning and Skills Act 2000, or
b
the National Council for Education and Training for Wales under section 39 of that Act.
26
F16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I11627
1
Section 44 of that Act (collective worship) is amended as follows.
2
For subsections (1) and (2) substitute—
1
This section applies to any institution within the further education sector which 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
An institution is of voluntary origin for the purposes of this section if—
a
immediately before it joined the further education sector it was a voluntary school (within the meaning of the Education Act 1996),
b
immediately before it joined the further education sector it was a foundation or voluntary school (within the meaning of the School Standards and Framework Act 1998) having a foundation established otherwise than under that Act,
c
it is designated for the purposes of this paragraph by order of the Secretary of State, or
d
it is formed by or for the purpose of merging two institutions both of which were within paragraphs (a) to (c).
2A
The governing body of an institution to which this section applies shall ensure that at an appropriate time on at least one day in each week during which the institution is open an act of collective worship is held at the institution which persons receiving education at the institution may attend.
3
In subsection (3)(b) for “became a further education institution” substitute “
joined the further education sector
”
.
4
In subsection (4) for “other further education institutions” substitute “
other institutions to which this section applies
”
.
5
In subsection (5) for “a further education institution” substitute “
an institution to which this section applies
”
.
6
Omit subsection (6).
7
At the end of the section insert—
7
In the application of this section to an institution which is of voluntary origin by virtue of subsection (2)(d), subsection (3)(b) shall be taken as referring to the religious traditions and practices of the two institutions mentioned in subsection (2)(d).
I11728
1
Section 45 of that Act (religious education) shall be amended as follows.
2
For subsections (1) and (2) substitute—
1
This section applies to any institution to which section 44 of this Act applies.
2
An institution is of voluntary origin for the purposes of this section if it is of voluntary origin for the purposes of section 44 of this Act.
2A
The governing body of an institution to which this section applies shall ensure that religious education is provided at the institution for all persons attending the institution who wish to receive it.
3
In subsection (3) for “a further education institution” substitute “
an institution to which this section applies
”
.
4
In subsection (5)—
a
for “each further education institution” substitute “
institution to which this section applies
”
,
b
in paragraph (a)(ii) for “became a further education institution” substitute “
joined the further education sector
”
, and
c
in paragraph (b) for “further education institutions” substitute “
other institutions to which this section applies
”
.
5
Omit subsection (6).
6
At the end of the section insert—
7
In the application of this section to an institution which is an institution of voluntary origin by virtue of section 44(2)(d), subsection (5)(a)(ii) shall be taken as referring to the religious traditions and practices of the two institutions mentioned in section 44(2)(d).
I11829
In section 52 of that Act (duty to provide for named individuals) in subsection (1) omit “full-time”.
30
F17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I11931
In section 54 of that Act (duty to give information) in subsection (1)(b) for “or city college for the technology of the arts” substitute “
, city college for the technology of the arts or city academy
”
.
I12032
In section 55 of that Act (inspections etc of local authority institutions other than schools), subsections (1) to (3) and paragraphs (a) and (b) of subsection (7) shall cease to have effect.
I12133
Section 56 of that Act (directions) shall cease to have effect.
I12234
In that Act for section 57 substitute—
57 Intervention.
1
This section applies if one or more of the conditions listed in subsection (2) is satisfied regarding an institution within the further education sector; and it is immaterial whether or not a complaint is made by any person.
2
These are the conditions—
a
the Secretary of State is satisfied that the institution’s affairs have been or are being mismanaged by its governing body;
b
he is satisfied that the institution’s governing body have failed to discharge any duty imposed on them by or for the purposes of any Act;
c
he is satisfied that the institution’s governing body have acted or are proposing to act unreasonably with respect to the exercise of any power conferred or the performance of any duty imposed by or under any Act;
d
a report regarding the institution and made by a person listed in subsection (3) indicates that the institution has serious weaknesses, or is failing or likely to fail to give an acceptable standard of education.
3
These are the persons—
a
Her Majesty’s Chief Inspector of Schools in England;
b
Her Majesty’s Chief Inspector of Education and Training in Wales;
c
the Adult Learning Inspectorate;
d
the Chief Inspector of Adult Learning.
4
If this section applies the Secretary of State may by order—
a
declare which of the conditions is (or are) satisfied, and
b
do one or more of the things listed in subsection (5).
5
He may—
a
remove all or any of the members of the institution’s governing body;
b
appoint new members of that body if there are vacancies (however arising);
c
give to that body such directions as he thinks expedient as to the exercise of their powers and performance of their duties.
6
Directions may be given to a body under this section despite any enactment making the exercise of a power or performance of a duty contingent on the body’s opinion.
7
A governing body must comply with any directions given to them under this section.
8
An appointment of a member of a governing body under this section shall have effect as if made in accordance with the instrument of government and articles of government of the institution concerned.
9
Section 507 of the Education Act 1996 (power to direct local inquiries) applies for the purposes of the Secretary of State’s functions under this section as it applies for the purposes of his functions under that Act.
35
F18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I12336
Section 60A of that Act (partnership arrangements: Wales) shall cease to have effect.
37
In that Act, after section 61 insert—
61A References to councils.
1
In this Part of this Act any reference to a council is to a learning and skills council.
2
In this Part of this Act a reference to the appropriate council, in relation to any educational institution, is to be construed as follows—
a
if the institution mainly serves the population of England, the reference is to the Learning and Skills Council for England;
b
if the institution mainly serves the population of Wales, the reference is to the National Council for Education and Training for Wales;
c
if the institution receives financial support from the other council, the reference is to that council also.
38
In section 82 of that Act (joint exercise of functions) in subsection (3)(a) for “further education funding council” substitute “
learning and skills council
”
.
39
In section 83 of that Act (efficiency studies) in subsection (1) for “further education funding council” substitute “
learning and skills council
”
.
I12440
In section 89(2) of that Act (orders and regulations)—
a
after “29(6) and (8),” insert “
30(2)(b),
”
, and
b
after “38,” insert “
44(2)(c),
”
.
41
In section 90 of that Act (interpretation) after subsection (2) insert—
2A
For the purposes of this Act the learning and skills councils are the Learning and Skills Council for England and the National Council for Education and Training for Wales.
2B
If in construing this Act or any other Act a dispute arises as to whether any functions are exercisable by one of the learning and skills councils, the dispute shall be determined by the Secretary of State after consulting the National Assembly for Wales.
42
In section 91 of that Act (interpretation of Education Acts) omit subsection (2) (references to a further education funding council).
43
In section 92 of that Act (index) in the table for the entry beginning “council (in Part I)” substitute—
council (in Part I), or learning and skills council
sections 61A(1) and 90(2A)
I12544
1
Schedule 4 to that Act (instruments and articles of government for further education corporations) is amended as follows.
2
After paragraph 1 insert—
1A
Provision made by an instrument under this Schedule in relation to the appointment of members shall take into account the members who may be appointed by—
a
the Learning and Skills Council for England under section 11 of the Learning and Skills Act 2000, or
b
the National Council for Education and Training for Wales under section 39 of that Act.
3
In paragraph 5, at the end insert “
or to the principal of the institution
”
.
4
That Act shall be taken to have been enacted with the amendment made by sub-paragraph (3).
I12645
Schedule 5A to that Act (partnership arrangements: Wales) shall cease to have effect.
Welsh Language Act 1993 (c.38)
I12746
In section 6(1) of the Welsh Language Act 1993 (meaning of “public body”) for paragraph (j) substitute—
j
the National Council for Education and Training for Wales;
Value Added Tax Act 1994 (c.23)
47
1
In Schedule 9 to the Value Added Tax Act 1994 (exemptions) Group 6 (education) is amended as follows.
2
In item 3 (provision of examination services) in paragraph (b)(i) for “or 5” substitute “
, 5 or 5A
”
.
3
After item 5 insert—
5A
The provision of education or vocational training and the supply, by the person providing that education or training, of any goods or services essential to that provision, to the extent that the consideration payable is ultimately a charge to funds provided by the Learning and Skills Council for England or the National Council for Education and Training for Wales under Part I or Part II of the Learning and Skills Act 2000.
4
After Note (5) insert—
5A
For the purposes of item 5A a supply of any goods or services shall not be taken to be essential to the provision of education or vocational training unless—
a
in the case of the provision of education, the goods or services are provided directly to the person receiving the education;
b
in the case of the provision of vocational training, the goods or services are provided directly to the person receiving the training.
Education Act 1994 (c.30)
F2448
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Disability Discrimination Act 1995 (c.50)
49
F19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Employment Rights Act 1996 (c.18)
50
In section 63A of the Employment Rights Act 1996 (right of young persons to time off for study or training) in subsection (2)(b)(i) for the words from “means such” to “1992,” substitute “
has the same meaning as in the Education Act 1996,
”
.
Education Act 1996 (c.56)
I12851
In section 1 of the Education Act 1996 (the stages of education) in subsection (3) for the words from “confers functions” to the end substitute “
makes provision with respect to further education.
”
I12952
1
Section 13 of that Act (general responsibility for education) is amended as follows.
2
In subsection (1) for “, secondary education and further education” substitute “
and secondary education
”
.
3
In subsection (2) for paragraphs (a) and (b) substitute—
a
the Learning and Skills Council for England or the National Council for Education and Training for Wales, or
b
the higher education funding councils established under section 62 of the Further and Higher Education Act 1992.
I13053
Section 15 of that Act (functions in respect of provision of further education) shall cease to have effect.
I13154
1
Section 15A of that Act (functions of local education authorities in respect of full-time education for 16 to 18 year olds) is amended as follows.
2
In subsection (1) after “full-time” insert “
or part-time
”
.
3
After subsection (1) insert—
1A
The power under subsection (1) to secure the provision of education includes power to secure the provision—
a
of training, including vocational, social, physical and recreational training, and
b
of organised leisure time occupation (within the meaning of section 2(6)) which is provided in connection with the provision of education or of training within paragraph (a).
4
In subsection (2) after “functions under this section” insert “
in respect of secondary education
”
.
5
After subsection (2) insert—
3
In exercising their functions under this section in respect of further education a local education authority shall in particular have regard to the needs of persons with learning difficulties (within the meaning of section 13(5) and (6) of the Learning and Skills Act 2000).
4
A local education authority may do anything which appears to them to be necessary or expedient for the purposes of or in connection with the exercise of their functions under this section.
I13255
After section 15A of that Act insert—
15B Functions in respect of education for persons over 19.
1
A local education authority may secure the provision for their area of full-time or part-time education suitable to the requirements of persons who have attained the age of 19, including provision for persons from other areas.
2
The power under subsection (1) to secure the provision of education includes power to secure the provision—
a
of training, including vocational, social, physical and recreational training, and
b
of organised leisure time occupation (within the meaning of section 2(6)) which is provided in connection with the provision of education or of training within paragraph (a).
3
In exercising their functions under this section a local education authority shall in particular have regard to the needs of persons with learning difficulties (within the meaning of section 13(5) and (6) of the Learning and Skills Act 2000).
4
A local education authority may do anything which appears to them to be necessary or expedient for the purposes of or in connection with the exercise of their functions under this section.
5
This section does not apply to higher education.
I13356
In section 312(2) of that Act (meaning of “learning difficulty”) for “section 15(5)” substitute “
section 15A or 15B
”
.
I13457
1
Section 408 of that Act (provision of information) is amended as follows.
2
In subsection (1)(a) after “Education Act 1997” insert “
or section 96 of the Learning and Skills Act 2000
”
.
3
In subsection (2) after paragraph (d) insert
, and
e
arrangements relating to external qualifications (within the meaning given by section 96(5) of the Learning and Skills Act 2000) and to courses leading to such qualifications.
F23658
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F28559
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I13560
In section 537 of that Act (power of the Secretary of State to require information from governing bodies etc) in subsection (7)(b) for “or city college for the technology of the arts” substitute “
, city college for the technology of the arts or city academy
”
.
I13661
In section 541 of that Act (distribution of information about further education institutions) in subsection (1)(b) for “or city college for the technology of the arts” substitute “
, city college for the technology of the arts or city academy
”
.
I13762
In section 550B of that Act (detention outside school hours) in subsection (2)(c) for “or city college for the technology of the arts” substitute “
, city college for the technology of the arts or city academy
”
.
I13863
In section 580 of that Act (index) in the table at the appropriate place insert—
|
|
.
I13964
In Schedule 1 to that Act (pupil referral units) in paragraph 8 for “county schools” substitute “
community schools
”
.
School Inspections Act 1996 (c.57)
F15065
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F15066
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F15067
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F15068
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Education Act 1997 (c.44)
I14069
In section 25 of the Education Act 1997 (other functions of the Qualifications and Curriculum Authority) after subsection (4) insert—
5
The Authority may supply any person designated by the Secretary of State with such information as the Authority thinks fit about any matter in relation to which it has a function.
I14170
In section 31 of that Act (other functions of the Qualifications, Curriculum and Assessment Authority for Wales) after subsection (4) insert—
5
The Authority may supply any person designated by the National Assembly for Wales with such information as the Authority thinks fit about any matter in relation to which it has a function.
I14271
In section 43 of that Act (provision of careers education in schools) in subsection (2)(d) for “and city colleges for the technology of the arts” substitute “
, city colleges for the technology of the arts and city academies
”
.
I14372
In section 44(3)(a) of that Act (co-operation with careers advisers) for “the age of 18” there shall be substituted “
the age of 16
”
.
Audit Commission Act 1998 (c.18)
I14473
1
Section 36 of the Audit Commission Act 1998 (studies at request of educational bodies) is amended as follows.
2
In subsection (1), in the Table, after the entry relating to the governing body of an institution receiving funding under Part I of the M84Education Act 1994 insert—
|
|
|
|
3
In that Table, in the entry relating to the governing body of an institution within the further education sector, in the second column for “or the appropriate further education funding council” substitute “
, the Learning and Skills Council for England or the National Council for Education and Training for Wales
”
.
4
In subsection (2) omit “or a further education funding council”.
Teaching and Higher Education Act 1998 (c.30)
I14574
1
Section 26 of the Teaching and Higher Education Act 1998 (imposition of conditions as to fees at further or higher education institutions) is amended as follows.
2
Omit subsections (1) and (2).
3
In each of subsections (6), (7), (10)(a) and (11)(b) for “subsection (2) or (4)” substitute “
subsection (4)
”
.
4
In subsection (9)—
a
in the definition of “the relevant academic year” for “subsection (2) or (4)” substitute “
subsection (4)
”
, and
b
in the definition of “specified” for “subsection (1) or (3), as the case may be” substitute “
subsection (3)
”
.
5
In subsection (11) for “subsection (1) or (3)”, in both places where the words occur, substitute “
subsection (3)
”
.
I14675
In section 28(1) of that Act (interpretation) in the definition of “publicly-funded institution”, in paragraph (a)—
a
omit “5 or”,
b
omit the words from “from a further” to “its costs”, and
c
after “1996” insert “
or any institution receiving financial resources under section 5 or 34 of the Learning and Skills Act 2000
”
.
I14776
Section 34 of that Act (inspection of vocational training in Wales) shall cease to have effect.
I14877
In section 35 of that Act (inspection of careers services in Wales), for subsection (6) substitute—
6
Any inspection under this section shall be conducted by one or more of the following—
a
any of Her Majesty’s Inspectors of Education and Training in Wales or Arolgwyr Ei Mawrhydi dros Addysg a Hyfforddiant yng Nghymru, or
b
any additional inspector authorised under paragraph 2 of Schedule 1 to the School Inspections Act 1996;
but such an inspector or inspectors may be assisted by such other persons (whether or not members of the Chief Inspector’s staff) as the Chief Inspector thinks fit.
6A
In conducting an inspection under this section, the inspector or inspectors shall act in accordance with any instruction or guidelines given from time to time by the National Assembly for Wales.
6B
Where an inspection under this section has been completed, the inspector or inspectors shall make a written report on the inspection and shall send the report to the National Assembly for Wales.
6C
The National Assembly for Wales may arrange for any report of an inspection under this section to be published in such manner as the National Assembly for Wales considers appropriate; and section 42A(2) to (4) of the School Inspections Act 1996 shall apply in relation to the publication of any such report by the National Assembly for Wales as they apply to the publication of a report by the Chief Inspector under any of the provisions mentioned in section 42A(2).
School Standards and Framework Act 1998 (c.31)
F19378
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F19479
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F15280
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F15381
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F21782
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
83
In section 30(3) of that Act (notice by governing body to discontinue foundation or voluntary school) for “the appropriate further education funding council” substitute “
the Learning and Skills Council for England (if the school is in England) or the National Council for Education and Training for Wales (if the school is in Wales)
”
.
I14984
In section 33(1) of that Act (establishment, alteration and discontinuance of schools) after “Schedule 6” insert “
to this Act or under Schedule 7 to the Learning and Skills Act 2000
”
.
I15085
In section 110 of that Act (home-school agreements) in subsection (1)(b) for “or a city college for the technology of the arts” substitute “
, a city college for the technology of the arts or a city academy
”
.
I15186
Part VI of that Act (partnership arrangements in Wales) shall cease to have effect.
87
1
Section 137 of that Act (Education Transfer Council: alteration and dissolution) shall be amended as follows.
2
In subsection (3)(c) for “or under the Education Reform Act 1988” substitute “
, under the Education Reform Act 1988 or under the Further and Higher Education Act 1992
”
.
3
At the end of subsection (4)(a) insert “or section 34 or 36 of, or Schedule 5 or 7 to, the Further and Higher Education Act 1992”.
88
In section 142(1) of that Act (general interpretation) omit the definition of “the appropriate further education funding council”.
I15289
1
Schedule 6 to that Act (statutory proposals: procedure and implementation) shall be amended as follows.
2
In paragraph 4(3) after paragraph (d) insert—
or
e
any undetermined proposals published under Schedule 7 to the Learning and Skills Act 2000.
3
In paragraph 4(4)(a) for “or under paragraph 8 or 9 of Schedule 7” substitute “
of this Schedule, under paragraph 8 or 9 of Schedule 7 or under Schedule 7 to the Learning and Skills Act 2000
”
.
I15390
1
Schedule 7 to that Act (rationalisation of school places) shall be amended as follows.
2
In paragraph 4(5)—
a
in paragraph (b) for “or under paragraph 5” substitute “
of this Act, paragraph 5 of this Schedule or Schedule 7 to the Learning and Skills Act 2000
”
;
b
in paragraph (c) after sub-paragraph (ii) insert—
or
iii
any determination whether or not to approve the proposals under Schedule 7 to the Learning and Skills Act 2000.
3
In paragraph 8(7) after paragraph (c) insert—
and
d
any proposals published under Schedule 7 to the Learning and Skills Act 2000 (and not withdrawn).
4
In paragraph 8(10) after paragraph (b) insert—
or
c
any determination whether or not to approve the proposals under Schedule 7 to the Learning and Skills Act 2000.
5
In paragraph 13(4) after paragraph (c) insert—
and
d
any proposals published under Schedule 7 to the Learning and Skills Act 2000 (and not withdrawn).
6
In paragraph 13(7) after paragraph (b) insert—
or
c
any determination whether or not to approve the proposals under Schedule 7 to the Learning and Skills Act 2000.
F23791
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Government of Wales Act 1998 (c.38)
I15492
1
Section 104 of the Government of Wales Act 1998 (funding of the Chief Inspector of Education and Training in Wales) is amended as follows.
2
In subsection (4), omit the words from “; and in determining” to the end.
3
After subsection (4), insert—
4A
The Assembly shall—
a
approve the plan submitted to it under section 87 of the Learning and Skills Act 2000; and
b
determine the amount of the funding it is to provide under this section in accordance with the plan as approved by it.
4B
But before it gives its approval under subsection (4A)(a), the Assembly may require the Chief Inspector to modify the plan.
F19593
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I15594
In Part I of Schedule 4 to that Act (public bodies subject to reform by Assembly) for the entry relating to the Further Education Funding Council for Wales substitute—
5. The National Council for Education and Training for Wales.
SCHEDULE 10 Transitional provisions
Part I English Councils
Introduction
1
For the purposes of this Part of this Schedule—
a
the appointed day is the day appointed under section 154 for the commencement of section 89;
b
the old Council is the Further Education Funding Council for England;
c
the new Council is the Learning and Skills Council for England;
d
the new Council’s full functions are its functions under sections 2 to 18.
Transitional provisions
2
The old Council must do its best to secure that any functions remaining to be discharged by it at any time after the commencement of this paragraph are discharged before the appointed day.
3
1
Anything being done by or in relation to the old Council immediately before the appointed day may be continued on or after that day by or in relation to the new Council.
2
In particular, any legal proceedings to which the old Council is a party immediately before the appointed day may be continued on or after that day by or in relation to the new Council.
4
Every agreement (whether written or not), and every instrument or other document, which relates to any property, right or liability to which section 89(1)(b) applies shall have effect, so far as may be required for continuing its effect on or after the appointed day, as if—
a
where the old Council is a party to it, the new Council were substituted as that party,
b
for a reference to the old Council there were substituted a reference to the new Council,
c
for a reference (however worded and whether express or implied) to the chairman, the chief officer or a member of the old Council there were substituted a reference to the chairman, the chief executive or a member of the new Council, and
d
for a reference to the office or place of business of the old Council there were substituted a reference to the office or place of business of the new Council.
5
1
This paragraph applies if the new Council is established before it acquires its full functions.
2
The Secretary of State may by order make provision—
a
conferring such powers on the new Council as the Secretary of State thinks will help it to carry out its full functions when it acquires them;
b
imposing on the old Council a duty to give such assistance to the new Council as the new Council may reasonably require to help it to carry out its full functions when it acquires them.
3
The Secretary of State may make an order under this paragraph at any time before the day on which the new Council acquires its full functions.
6
At any time before the day on which the new Council acquires its full functions, section 1(2) has effect as if for “12” there were substituted “2”.
7
1
The new Council must discharge a duty which satisfies the following three conditions.
2
The first condition is that the duty arises under—
a
section 8(6)(a) of the M85Further and Higher Education Act 1992 (report on further education for disabled students), or
b
paragraph 16 of Schedule 1 to that Act (accounts).
3
The second condition is that the duty arises in respect of a period ending before the appointed day.
4
The third condition is that apart from this Act the duty—
a
would have fallen to be discharged by the old Council after the appointed day, or
b
fell to be discharged by the old Council before the appointed day but has not been discharged.
8
If an order under section 8(4) of the M86Further and Higher Education Act 1992 confers or imposes a function on the old Council, on or after the appointed day the order is to be treated as if—
a
it were made under section 18(4) of this Act, and
b
it conferred or imposed the function on the new Council.
F33Part IIWELSH COUNCILS
Sch. 10 Pt. II omitted (1.4.2006) by virtue of National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 84 (with art. 7)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part III Adult Learning Inspectorate
F164..
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part IV Student loans
18
1
Sub-paragraph (2) has effect in relation to the M87Education (Student Loans) Act 1990 to the extent that it continues in force by virtue of any savings made, in connection with its repeal by the M88Teaching and Higher Education Act 1998, by an order under section 46(4) of the M89Teaching and Higher Education Act 1998.
2
Section 1(3) of the M90Education (Student Loans) Act 1990 shall have effect as if the definition of “institutions receiving support from public funds” included a reference to institutions which receive financial resources under section 5 or 34 of this Act.
I156SCHEDULE 11 Repeals
Sch. 11 partly in force; Sch. 11 in force at Royal Assent as regards any provision (other than a provision mentioned in s. 154(1)(e)) which is consequential upon ss. 130, 131 or Sch. 8; Sch. 11 not otherwise in force at Royal Assent see s. 154(1)(3)-(5); Sch. 11 in force in relation to specified repeals (in some cases for limited extents and purposes) as follows: at 3.8.2000 by S.I. 2000/2114, art. 2(1), Sch. Pt. I; at 1.10.2000 and 1.11.2000 by S.I. 2000/2559, art. 2(1)(2), Sch. Pts. I, II; at 1.1.2001 by S.I. 2000/3230, art. 2, Sch.; at 1.4.2001 and 1.9.2001 by S.I. 2001/654, art. 2, Sch. Pts. II, III; at 1.4.2001 and 1.9.2001 by S.I. 2001/1274, art. 2, Sch. Pts. I, II; at 1.9.2001 by S.I. 2001/1274, art. 2 Sch. Pt. II; at 1.4.2002 by S.I. 2001/2705, art. 2, Sch. Pt. I
Chapter | Short title | Extent of repeal |
|---|---|---|
1972 c. 11. | Superannuation Act 1972. | In Schedule 1, in the list of “Other Bodies”, the words “Further Education Funding Council for England in receipt of remuneration.” and “Further Education Funding Council for Wales in receipt of remuneration.”. |
1975 c. 24. | House of Commons Disqualification Act 1975. | In Schedule 1, in Part III the words “Any member of the Further Education Funding Council for England in receipt of remuneration.” and “Any member of the Further Education Funding Council for Wales in receipt of remuneration.”. |
1975 c. 65. | Sex Discrimination Act 1975. | Section 25(6)(d). |
1976 c. 74. | Race Relations Act 1976. | Section 19(6)(d). |
1988 c. 40. | Education Reform Act 1988. | In section 124(2)(b), the words “, as defined by section 15(6) and (7) of the Education Act 1996”. |
1992 c. 13. | Further and Higher Education Act 1992. | Sections 1 to 9. |
Section 18(4) to (6). | ||
Section 28(2)(b). | ||
Section 32(2A). | ||
Section 44(6). | ||
Section 45(6). | ||
In section 52(1), the word “full-time”. | ||
In section 55, subsections (1) to (3) and paragraphs (a) and (b) of subsection (7). | ||
Section 56. | ||
Section 60A. | ||
Section 91(2). | ||
In Schedule 1, paragraph 9. | ||
Schedule 2. | ||
Schedule 5A. | ||
1995 c. 50. | Disability Discrimination Act 1995. | Section 19(6)(e) and (f). |
Section 30(2) to (4). | ||
1996 c. 56. | Education Act 1996. | Section 15. |
In section 403(1) the words “local education authority,”. | ||
In section 482, in subsection (2)(c) the word “either” and in subsection (3) the word “or” immediately preceding paragraph (b). | ||
In section 509(1), paragraph (d) and the word “or” immediately preceding that paragraph. | ||
In Schedule 37, paragraphs 70, 112 and 113. | ||
1996 c. 57. | School Inspections Act 1996. | In section 10(3) the word “and” at the end of paragraph (g). |
1997 c. 44. | Education Act 1997. | In section 30, in subsection (1) the words “or by subsection (3)” and subsection (3). |
In section 37, subsections (1) to (4) and in subsection (5) the words “, which are superseded by this section,”. | ||
1998 c. 18. | Audit Commission Act 1998. | In section 36(1), in the Table, the entry relating to a further education funding council. |
In section 36(2), the words “or a further education funding council”. | ||
1998 c. 30. | Teaching and Higher Education Act 1998. | In section 19, in subsection (1) the word “or” immediately preceding paragraph (b), in subsection (2)(f) the words “employed as a teacher at a school” and in subsection (10) the word “and” immediately preceding paragraph (c). |
In section 22(2)(h) and (7) the words “attendance on”. | ||
Section 26(1) and (2). | ||
In section 28(1), in the definition of “publicly-funded institution”, in paragraph (a) the words “5 or” and the words from “from a further” to “its costs”. | ||
Section 34. | ||
1998 c. 31. | School Standards and Framework Act 1998. | Sections 125 and 126. |
In section 142(1), the definition of “the appropriate further education funding council”. | ||
In Schedule 6, in paragraph 4(3) the word “or” immediately after paragraph (c). | ||
In Schedule 7, in paragraph 4(5) the word “or” immediately after paragraph (c)(i), in paragraph 8(7) the word “or” immediately after paragraph (b), in paragraph 8(10) the word “or” immediately after paragraph (a), in paragraph 13(4) the word “and” immediately after paragraph (b) and in paragraph 13(7) the word “or” immediately after paragraph (a). | ||
In Schedule 22, in paragraph 5(1) the word “or” immediately after paragraph (a)(i). | ||
Schedule 27. | ||
1998 c. 31.—Contd. | School Standards and Framework Act 1998—Contd. | In Schedule 30, paragraphs 41 and 42. |
1998 c. 38. | Government of Wales Act 1998. | In section 104(4), the words from “; and in determining” to the end. |
Act applied (1.6.2001) by S.I. 2001/1507, reg. 2, Sch. 2 para. 2
Act applied (1.9.2001) by S.I. 2001/2799, reg. 2, Sch. 2 para. 2
Act applied (15.10.2001) by S.I. 2001/3213, reg. 2, Sch. 2 para. 2
Act applied (1.1.2002) by S.I. 2001/3810, reg. 2, Sch. 2 para. 2