Part IE+W Learning and Skills Council for England

The CouncilE+W

F11 The Council.E+W

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

Main dutiesE+W

F22 Education and training for persons aged 16 to 19.E+W

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

F33 Education and training for persons over 19.E+W

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

F44 Encouragement of education and training.E+W

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

F54ALearning aims for persons over 19: provision of facilitiesE+W

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

F54BLearning aims for persons over 19: payment of tuition feesE+W

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

F54CSections 4A and 4B: supplementaryE+W

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

Main powersE+W

F65 Provision of financial resources.E+W

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

F76 Financial resources: conditions.E+W

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

F87 Funding of school sixth-forms.E+W

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

F98 Links between education and training and employment.E+W

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

F109 Assessments and means tests.E+W

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

F1110 Qualifying accounts and arrangements.E+W

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

F1211 Further education: governors.E+W

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

Other functionsE+W

F1311ASupport schemes relating to education and training for persons aged 10 to 15E+W

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

F1412 Research and information.E+W

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

F1513 Persons with learning difficulties.E+W

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

F1614 Equality of opportunity.E+W

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

F1714AConsultation E+W

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

F1815 Plans.E+W

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

F1916 Strategy.E+W

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

F2017 Use of information by Council.E+W

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

F2118 Supplementary functions.E+W

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

[F22Regional councils]E+W

F2318ARegional councilsE+W

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

F2318BFunctions of regional councilsE+W

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

F2318CGuidance to regional councilsE+W

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

Local councilsE+W

F2419 Local councils.E+W

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

F2420 Functions of local councils.E+W

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

F2421 Guidance to local councils.E+W

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

F2422 Plans of local councils.E+W

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

F2423 Duty of local education authorities.E+W

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

F2424 Guidance and plans: timing.E+W

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

MiscellaneousE+W

F2524AStrategies for functions of Council E+W

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

F2524BStrategy for functions of Council: Greater London E+W

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

F2524CDuty of Council E+W

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

F2625 Directions.E+W

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

F2726 Committees.E+W

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

F2827 Grants to Council.E+W

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

F2928 Annual report.E+W

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

F3029 Council’s financial year.E+W

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

Part IIE+W [F31Further Education and Sixth Form Education: Wales]

F32...E+W

F3330 The Council.E+W

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

Main dutiesE+W

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

(1)The [F34National 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 [F35National 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 [F35National Assembly] thinks might reasonably be secured by other persons;

F36(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F37(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)For the purposes of this section—

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

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

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

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

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

(1)The [F38National 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.

F39(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)In performing the duty imposed on it by subsection (1) the [F40National 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 [F40National Assembly] thinks might reasonably be secured by other persons;

F41(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F42(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)For the purposes of this section—

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

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

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

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

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

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

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

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

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

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

33 Encouragement of education and training.E+W

The [F43National Assembly] must—

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

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

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

Main powersE+W

34 Provision of financial resources.E+W

(1)The [F44National 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 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);

(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 [F45National 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 [F45National Assembly]).

(3)In exercising its power under subsection (1)(c) the [F44National Assembly] may secure the provision of financial resources by reference to any fees or charges payable by the person receiving or proposing to receive the education or training or to any other matter (such as transport or childcare).

35 Financial resources: conditions.E+W

(1)If the [F46National Assembly] itself provides financial resources [F47under section 34] it may impose conditions; and the conditions may include any provisions described below.

(2)The conditions may—

(a)require the [F48National 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 [F49National Assembly] information it requests for the purpose of carrying out its functions [F50under this Part].

(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 [F51139A or] 140.

(4)F52. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)The conditions may—

(a)enable the [F53National Assembly] to require the repayment (in whole or part) of sums paid by the [F53National Assembly] if any of the conditions subject to which the sums were paid is not complied with;

(b)require the payment of interest in respect of any period in which a sum due to the [F53National Assembly] in accordance with any condition is unpaid.

(6)F52. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

36 Funding of school sixth-forms.E+W

(1)The [F54National Assembly] may make a grant to a local education authority—

F55(a)on the condition that the grant be applied as part of the authority’s [F55schools budget] for a [F56funding period ], and

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

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

[F57(3)In this section—

• “funding period” means a financial year or, if some other period is prescribed in relation to Wales 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).]

37 Assessments and means tests.E+W

(1)The [F58National Assembly] may develop schemes for the assessment of the performance of persons in providing post-16 education and training.

(2)The [F58National Assembly] may take the assessments into account in deciding how to exercise its powers under section 34.

(3)The [F58National Assembly] may—

(a)carry out means tests;

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

(4)The [F58National Assembly] may take the results of the tests into account in exercising its power under section 34(1)(c).

38 Qualifying accounts and arrangements.E+W

(1)The [F59National Assembly] may promote—

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

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

F60(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

39 Further education: governors.E+W

(1)The [F61National 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 M5Further and Higher Education Act 1992), and

(b)mainly serves the population of Wales.

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

Other functionsE+W

40 Research and information.E+W

F62(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F62(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F62(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F62(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)The [F63National 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 [F63National Assembly] may secure the provision of facilities for providing information, advice or guidance about education or training or connected matters (including employment).

41 Persons with learning difficulties.E+W

(1)In discharging its functions under sections 31, 32 and 34(1)(a) to (d) and (g) the [F64National 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 [F65139A or] 140.

(2)If the [F66National 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 [F66National Assembly] must secure the provision of boarding accommodation for him.

(3)If the [F66National 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 [F66National Assembly] must secure the provision of boarding accommodation for him.

(4)If the [F66National 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 [F66National 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.

F6742 Equality of opportunity.E+W

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

F6743 Plans.E+W

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

F6744 Strategy.E+W

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

F6745 Use of information by Council.E+W

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

F6746 Supplementary functions.E+W

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

MiscellaneousE+W

F6747 Directions.E+W

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

F6748 Committees.E+W

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

F6749 Grants to Council.E+W

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

F6750 Annual report.E+W

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

F6751 Council’s financial year.E+W

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

Part IIIE+W Inspections in England

Chapter 1E+WThe Adult Learning Inspectorate

The InspectorateE+W

F6852The Inspectorate.E+W

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

F6853The Inspectorate’s remit.E+W

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

Functions of the Inspectorate and the Chief InspectorE+W

F6854Functions of the Inspectorate and Chief Inspector.E+W

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

F6855Inspections under section 54.E+W

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

F6856General powers.E+W

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

F6857Right of entry and offences.E+W

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

F6858Action plans.E+W

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

F6859Annual report.E+W

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

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

The Chief Inspector’s extended remitE+W

F6860The extended remit.E+W

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

Additional functionsE+W

F6861Additional functions of the Chief Inspector.E+W

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

F6862Inspection of further education institutions.E+W

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

F6863Right of entry and offences.E+W

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

F6864 Action plans.E+W

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

F6865Area inspections.E+W

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

F6866Reports of area inspections.E+W

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

F6867Action plans following section 65 inspections.E+W

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

F6868Further powers of the Chief Inspector.E+W

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

Chapter IIIE+WThe Common Inspection Framework and Joint Inspections

The Common Inspection FrameworkE+W

F6869The framework.E+W

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

F6870Preparation of the framework.E+W

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

Joint inspectionsE+W

F6871Joint inspections.E+W

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

Chapter IVE+WGeneral

F6872Defamation.E+W

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

Part IVU.K. Inspections in Wales

New titlesE+W

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

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

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

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

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

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

74 Some defined terms.E+W

(1)In this Part—

• F69...

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

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

Extended remitE+W

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

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

(a)education or training for persons aged 16 or over where the provider of the education or training is given financial support by the [F70National 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 [F70National 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 M6School 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 [F71Part 1 of the Education Act 2005]; or

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

Additional functionsE+W

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

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

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

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

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

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

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

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

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

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

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

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

(a)advice given by the National Assembly; and

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

77 Inspections.E+W

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

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

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

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

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

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

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

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

(a)the National Assembly;

F72(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

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

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

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

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

78 General powers.E+W

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

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

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

(a)which is not of that kind, but

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

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

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

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

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

79 Right of entry and offences.E+W

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

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

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

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

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

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

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

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

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

as the Chief Inspector for Wales may reasonably require.

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

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

80 Action plans.E+W

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

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

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

(b)under section 83.

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

(4)The person making the statement must—

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

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

F7381 Inspections of careers services etc.E+W

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

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

(1)The Chief Inspector for Wales may, at the request of the Secretary of State or [F74the Chief Inspector for England ], inspect any education or training provided in Wales by the Secretary of State in accordance with arrangements made under section 2 of the M7Employment and Training Act 1973.

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

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

(4)A report of an inspection conducted under this section at the request of [F75the Chief Inspector for England must be given to that Chief Inspector].

(5)[F76The Chief Inspector for England] may arrange for the report to be published in such manner as [F77he] considers appropriate.

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

[F78(7)In this section “the Chief Inspector for England” means Her Majesty's Chief Inspector of Education, Children's Services and Skills.]

83 Area inspections.E+W

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

(a)the quality and availability of a specified description of education or training, in a specified area in Wales, for persons who are aged [F7915] 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 [F80National 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 [F80National 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.

[F81(11) In subsection (1)(a) “ persons who are aged 15 ” includes persons for whom education is being provided at a school who will attain that age in the current school year; and for this purpose “ school ” and “ school year ” have the same meaning as in the Education Act 1996. ]

84 Action plans following section 83 inspections.E+W

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

F82(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(4)In preparing the statement F83... the authority must consult such persons as the National Assembly may direct.

(5)The person making the statement must—

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

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

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

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

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

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

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

86 Annual reports.E+W

(1)The annual report of the Chief Inspector for Wales required by [F84section 21(1)(a) of the Education Act 2005] must include an account of the exercise of functions of the Chief Inspector for Wales under this Part.

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

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

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

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

(3)The plan must contain estimates of—

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

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

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

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

(6)“The 1998 Act” means the M8Government of Wales Act 1998.

88 Defamation.E+W

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

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

Part VU.K. Miscellaneous and general

Further Education Funding CouncilsE+W

89 Dissolution of FEFC for England.E+W

(1)On the appointed day—

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

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

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

F8590 Preliminary transfers: FEFC for England.E+W

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

F8691 Dissolution of FEFC for Wales.E+W

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

Other transfersE+W

92 Transfers: England.E+W

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

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

(3)The Secretary of State may make a scheme providing for the transfer to any listed person of any of the property, rights and liabilities of a person with whom the Secretary of State has made arrangements under section 2 of the M9Employment and Training Act 1973 (arrangements regarding employment).

(4)The listed persons are—

(a)the Learning and Skills Council for England;

F87(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F87(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

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

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

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

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

F8893 Transfers: Wales.E+W

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

Transfers: further provisionE+W

94 Stamp duty.E+W

(1)A transfer effected by virtue of section 89 F89... is not to give rise to liability to stamp duty.

(2)Stamp duty is not to be chargeable on a scheme made under [F90section 92].

[F9194A.Stamp duty land taxE+W

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

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

(3)In this section—

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

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

95 Contracts of employment.E+W

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

(a)section 89 F92... or

(b)a scheme under [F93section 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 M10Employment Rights Act 1996 (redundancy payments etc) the employee is not to be regarded as having been dismissed by virtue of the transfer.

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

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

(6)For the purposes of this section—

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

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

External qualificationsE+W

96 Persons under 19.E+W

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

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

(b)which leads to [F94a relevant 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 [F95relevant] 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.

[F96(5)In this section “a relevant qualification”—

(a)in relation to England, means a qualification to which Part 7 of the Apprenticeships, Skills, Children and Learning Act 2009 applies;

(b)in relation to Wales, has the same meaning as in section 30 of the Education Act 1997.]

(8)These are maintained schools—

(a)a community, foundation or voluntary school;

(b)a community or foundation special school.

F9797 Persons over 19.E+W

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

98 Approved qualifications: England.E+W

(1)This section has effect for the purposes of [F98section 96 in its 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.

F99(2A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F100(2B)A qualification may be approved only if—

(a)the conditions mentioned in subsection (2C) are satisfied in relation to the qualification, or

(b)the Office of Qualifications and Examinations Regulation is consulted before the approval is given.

(2C)The conditions are that—

(a)the qualification is a regulated qualification within the meaning of Part 7 of the Apprenticeships, Skills, Children and Learning Act 2009, and

(b)if the qualification is subject to the accreditation requirement (within the meaning of Chapter 2 of that Part), it is accredited under section 139 of that Act.]

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

F101(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(a)a designation;

(b)an approval given by him;

(c)an approval given by a designated body.

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

(7)If the Secretary of State asks the [F102Qualifications and Curriculum Development Agency or the Young People's Learning Agency for England] 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 [F103Qualifications and Curriculum Development Agency or the Young People's Learning Agency for England] to do so, it must advise the body on any approval the body proposes to give under subsection (2)(b).

99 Approved qualifications: Wales.E+W

(1)This section has effect for the purposes of [F104section 96 in its 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.

F105(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F106(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

100 Authorised bodies.E+W

(1)For the purposes of [F107section 96 in its 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 [F107section 96 in its application] to Wales these are authorised bodies—

(a)the [F108National Assembly for Wales];

(b)a local education authority;

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

101 Enforcement: England.E+W

(1)This section has effect for the purposes of [F109 section 96 in its 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, [F110 or]

(b)a local education authority or governing body has failed to comply with section 96(3) or is proposing to do so, F111...

F111(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

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

102 Enforcement: Wales.E+W

(1)This section has effect for the purposes of [F112section 96 in its 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, [F113or]

(b)a local education authority or governing body has failed to comply with section 96(3) or is proposing to do so, F114...

F114(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

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

103 Amendments relating to external qualifications.E+W

(1)The M11Education Act 1997 shall be amended as follows.

F115(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F115(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

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

(c)omit subsection (3).

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

Qualifying accounts and arrangementsU.K.

104 Qualifying accounts.U.K.

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

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

(3)These conditions may be included—

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

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

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

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

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

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

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

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

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

105 Qualifying arrangements.E+W

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

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

(3)These conditions may be included—

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

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

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

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

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

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

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

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

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

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

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

(b)arrangements which qualify under section 106.

106 Qualifying arrangements: Northern Ireland.N.I.

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

(2)The provision is to be taken to require the arrangements to satisfy conditions specified by [F116 the Department for Employment and Learning] in Northern Ireland in regulations made under this section (or to satisfy them at the time concerned).

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

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

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

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

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

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

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

(4)The Secretary of State may pay—

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

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

remuneration or amounts to meet the person’s expenses.

(5)[F117The Department forEmployment and Learning] in Northern Ireland (or a person designated by it) may make arrangements with a body in connection with the making by that body of arrangements which qualify under section 106.

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

108 Grants.E+W

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

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

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

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

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

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

(4)These conditions may be included—

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

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

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

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

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

(5)The regulations may provide—

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

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

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

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

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

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

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

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

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

(a)by the Secretary of State, or

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

109 Grants: Northern Ireland.N.I.

(1)[F118The Department for Employment and Learning] in Northern Ireland may make regulations authorising grants to be paid to or in respect of individuals in connection with their education or training.

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

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

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

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

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

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

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

Sixth-form educationE+W

110 Secondary education.E+W

(1)After section 2(2) of the M12Education 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 M13Education 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 M14School 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 M15Education Act 1996 (education for 16 to 18 year olds).

(5)Section 51(3A) of the M16Further and Higher Education Act 1992 (incorporation of further education institutions) shall not apply in relation to an institution to which this subsection applies.

111 Further education corporations.E+W

(1)The following shall be substituted for section 16(2) and (3) of the M17Further and Higher Education Act 1992 (incorporation of further education institutions)—

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

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

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

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

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

(a)for subsection (3)(b) substitute—

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

and

(b)after subsection (3) insert—

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

112 Further education institutions: designation.E+W

In section 28(3) of the M18Further 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.”

F119113 [F119Sixth forms requiring significant improvement ][F120: Wales]E+W

F121(1)Schedule 7 ([F121sixth forms requiring significant improvement ]) shall have effect.

[F122(2)Expressions used in that Schedule and in [F123Chapter 4 of Part 1 of the Education Act 2005 have the same meaning as in that Chapter.]]

(3) Sections 496 and 497 of the M19 Education 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 M20 Education Act 1996, and

(b) the bodies specified in sections 496(2) and 497(2) were any local education authority F124 ... and the governing body of any maintained school (within the meaning given by section 20(7) of the M21 School Standards and Framework Act 1998).

[F125 113A Restructuring of sixth-form educationE+W

F126(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)The [F127National 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 [F128 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);

F129(aa). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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).

[F130(4A)Proposals under this section are to be published.]

F131(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F132(5A)In respect of proposals under subsection (2), the relevant authority shall, in accordance with regulations made under subsection (9), determine whether to—

(a)confirm them, with or without modification or subject to the occurrence of any event; or

(b)withdraw them.]

(6)Schedule 7A (implementation of proposals) has effect.

F133(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F134(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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;

F135(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F136(g)confirmation of proposals under subsection (2) by the relevant authority]

(10)For the purposes of sections 496 and 497 of the Education Act 1996 (c. 56) (powers to prevent unreasonable exercise of functions and general default powers), the provisions of this section and Schedule 7A shall be treated as if they were provisions of that Act.

(11)For the purposes of this section and Schedule 7A—

• “ alteration ” means an alteration of whatever nature, including the transfer of the school to a new site but excluding any change—

  (a)

  in the religious character of the school, or

  (b)

  whereby the school would acquire or lose a religious character;

• “ maintained school ” means a community, foundation or voluntary school or a community or foundation special school;

• “ regulations ” means—

  (a)

  F137...

  (b)

  in relation to proposals by the [F138National Assembly for Wales], regulations made by the National Assembly for Wales;

• “ relevant authority ” means—

  (a)

  F139...

  (b)

  in relation to the [F140National Assembly for Wales], the National Assembly for Wales;

• “ secondary education ” has the same meaning as in section 2 of the Education Act 1996. ]

Support for 13 to 19 year olds: EnglandE+W

F141114 Provision of services.E+W

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

F141115 Consultation and coordination.E+W

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

F141116 Local education authorities.E+W

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

F141117 Educational institutions: information and access.E+W

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

F141118 Inspection.E+W

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

F141119 Information: supply by Secretary of State.E+W

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

F141120 Information: supply by public bodies.E+W

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

F141121 Supplementary.E+W

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

122 Careers services.E+W

The following shall be inserted after section 10A of the M22Employment 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: WalesE+W

123 Provision of services.E+W

(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.

124 Local authority: duty and powers.E+W

(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.

125 Consultation and coordination.E+W

(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 [F142Local Health Board],

(b)a chief officer of police,

(c)a police authority,

(d)a probation committee

[F143(da)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,

F144(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 M23Employment 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.

126 Educational institutions: information and access.E+W

(1)Where a person is involved in the provision of services in pursuance of section 123(1)(a) or (b) [F145 or section 40(1)(a) or (b) of the Learning and Skills (Wales) Measure 2009], 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 [F146National Assembly for Wales in the discharge of its functions under Part 2].

127 Inspection.E+W

(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) [F147 or section 40(1) of the Learning and Skills (Wales) Measure 2009],

(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.

128 Conduct and effect of inspections.E+W

(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).

[F148(2)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)[F149 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.