Part I Learning and Skills Council for England
The Council
F931 The Council.
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Main duties
F942 Education and training for persons aged 16 to 19.
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F953 Education and training for persons over 19.
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F964 Encouragement of education and training.
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F904ALearning aims for persons over 19: provision of facilities
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F904BLearning aims for persons over 19: payment of tuition fees
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F904CSections 4A and 4B: supplementary
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Main powers
F975 Provision of financial resources.
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F986 Financial resources: conditions.
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F997 Funding of school sixth-forms.
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F1008 Links between education and training and employment.
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F1019 Assessments and means tests.
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F10210 Qualifying accounts and arrangements.
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F10311 Further education: governors.
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Other functions
F10411ASupport schemes relating to education and training for persons aged 10 to 15
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F10512 Research and information.
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F10613 Persons with learning difficulties.
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F10714 Equality of opportunity.
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F10814AConsultation
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F10915 Plans.
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F11016 Strategy.
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F11117 Use of information by Council.
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F11218 Supplementary functions.
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F73Regional councils
F9118ARegional councils
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F9118BFunctions of regional councils
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F9118CGuidance to regional councils
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Local councils
F7019 Local councils.
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F7020 Functions of local councils.
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F7021 Guidance to local councils.
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F7022 Plans of local councils.
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F7023 Duty of local education authorities.
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F7024 Guidance and plans: timing.
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Miscellaneous
F9224AStrategies for functions of Council
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F9224BStrategy for functions of Council: Greater London
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F9224CDuty of Council
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F11325 Directions.
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F11426 Committees.
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F19727 Grants to Council.
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F11528 Annual report.
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F11629 Council’s financial year.
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C2Part IIF12Further 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)
Pt. 2 certain functions made exercisable jointly with the Welsh Ministers (1.4.2018) by Higher Education and Research Act 2017 (c. 29), ss. 113(3)(f), 124(5); S.I. 2018/241, reg. 2(m)
F15...
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)
F1430 The Council.
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Main duties
I1C331 Education and training for persons aged 16 to 19.
1
F151Welsh Ministers 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, F190...
b
of a quality adequate to meet those needs F191and
F192c
sufficient to satisfy the entitlements conferred under section 33F
3
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;
F248cc
take account of the education and training that is required in order to ensure that employees and potential employees are available who are able to deliver additional learning provision in Welsh;
cd
take account of the education and training that is required in order to ensure that facilities are available for assessing through the medium of Welsh whether persons have additional learning needs;
d
take account of facilities whose provision the F154Welsh Ministers think might reasonably be secured by other persons;
F16e
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F174
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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.
I2C432 Education and training for persons over 19.
1
The F155Welsh Ministers 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.
F182
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3
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;
F249cc
take account of the education and training that is required in order to ensure that employees and potential employees are available who are able to deliver additional learning provision in Welsh;
cd
take account of the education and training that is required in order to ensure that facilities are available for assessing through the medium of Welsh whether persons have additional learning needs;
d
take account of facilities whose provision the F158Welsh Ministers think might reasonably be secured by other persons;
F19e
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F204
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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.
I333 Encouragement of education and training.
The F159Welsh Ministers 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.
F186The local curricula
S. 33A and cross-heading inserted (14.2.2011) by Learning and Skills (Wales) Measure 2009 (nawm 1), ss. 22, 49(2) (as amended by S.I. 2010/1148, art. 3); S.I. 2011/97, art. 2(2)(b)
33AFormation of local curricula for students aged 16 to 18
1
The Welsh Ministers must form for the area of each local authority one or more local curricula for students who are above compulsory school age but have not attained the age of nineteen.
2
Each local curriculum must consist of courses of study each of which—
a
falls within a category in subsection (3) (the “learning domains”); and
b
is from time to time selected by the Welsh Ministers to form part of that local curriculum.
3
The learning domains are—
a
mathematics, science and technology;
b
business, administration and law;
c
services for people;
d
arts, media, culture and languages;
e
humanities, social sciences and preparation for life and work.
4
For the purposes of this section, a course of study falls within a particular learning domain if a direction of the Welsh Ministers so provides.
33BF141Local curricula: Welsh language
The Welsh Ministers must exercise their functions in relation to local curricula so as to promote access to and availability of courses of study which are taught through the medium of the Welsh language.
33CF187Areas with more than one local curriculum
1
This section applies where the Welsh Ministers form more than one local curriculum for the area of a local authority under section 33A.
2
In relation to each local curriculum, the Welsh Ministers must designate the maintained schools or institutions whose relevant students are to be entitled to elect under section 33E to follow courses of study included within the curriculum.
33DF142Determination of a pupil's “relevant school or institution”
1
Where, during the fourth key stage, a registered pupil of a maintained school requests that the school's head teacher determines the pupil's relevant school or institution, the head teacher must comply with that request. But this is subject to regulations made under subsection (3).
2
A pupil's relevant school or institution is the maintained school or institution whose governing body is, in the opinion of the head teacher, likely to be responsible for providing (or making arrangements for the provision of) the majority of the pupil's education once he or she has ceased to be of compulsory school age.
3
Regulations may make provision as to the making of requests and determinations under this section, including in particular provision as to the date or time by which a request or determination is to be made.
4
This section does not require any person to admit a pupil to a particular school or institution.
33EF199Pupils' choices of local curriculum courses
1
A registered pupil of a maintained school has the right to elect to follow, during the period described in subsection (2) (“the entitlement period”), a course or courses of study included within the relevant local curriculum for that pupil. But this is subject to regulations made under subsection (3).
2
The entitlement period—
a
begins on the first day of the academic year subsequent to the pupil having ceased to be of compulsory school age; and
b
ends on the day on which he or she attains the age of nineteen.
3
Regulations may make provision as to the making of elections under this section, including in particular provision—
a
specifying the maximum number of courses of study of a particular type that a pupil has the right to elect to follow;
b
identifying points to be allotted to courses of study and preventing a pupil from having the right to elect to follow a combination of courses of study if their aggregate points exceed a specified amount;
c
as to the period during which elections are to be made.
4
For the purposes of this section the “relevant local curriculum”, in relation to a pupil, means—
a
where it has been determined under section 33D that a pupil's “relevant school or institution” is a school—
i
where the Welsh Ministers have formed under section 33A a single local curriculum for the area of the local authority by which the school is maintained, that local curriculum; or
ii
where the Welsh Ministers have formed under section 33A more than one local curriculum for the area of the local authority by which the school is maintained, the local curriculum in respect of which the school is designated under section 33C(2);
b
where it has been determined under section 33D that a pupil's “relevant school or institution” is an institution—
i
where the Welsh Ministers have formed under section 33A a single local curriculum for the local authority area in which the institution is situated, that local curriculum; or
ii
where the Welsh Ministers have formed under section 33A more than one local curriculum for the local authority area in which the institution is situated, the local curriculum in respect of which the institution is designated under section 33C(2).
33FF188Students' local curriculum entitlements
1
During the entitlement period, a student who has made an election under section 33E(1) is entitled to follow the elected course of study unless—
a
the governing body of the student's relevant school or institution F201was not at the beginning of the entitlement period, or subsequently ceases to be, responsible for providing (or making arrangements for the provision of) the majority of the student's education; or
b
before the beginning of the entitlement period, the head teacher or principal of the student's relevant school or institution has decided under section 33G that the student is not entitled to follow the course of study.
2
Where a person is entitled to follow a course of study, it is for the head teacher or principal of the relevant school or institution to decide upon which date during the entitlement period the course is to begin.
33GF184Head teacher's or principal's decision as to entitlement
1
If the head teacher or principal of a student's relevant school or institution is satisfied that any of the grounds in subsection (2) apply, the head teacher or principal may decide that the student is not entitled to follow a course of study which the student has elected to follow under section 33E.
2
The grounds referred to in subsection (1) are that—
a
as a result of the student's level of educational attainment, the course of study is not suitable for him or her;
b
as a result of other elections made by the student under section 33E(1), it is not reasonably practicable for him or her to follow the course of study;
c
the amount of time likely to be spent travelling to the place at which the course is likely to be delivered would be detrimental to the student's education;
d
disproportionate expenditure would be incurred if the student were to follow the course of study;
e
the student's or another person's health or safety would be placed unacceptably at risk if the student were to follow the course of study.
3
Regulations may make provision connected with the making of decisions under subsection (1), including in particular provision—
a
as to the time or date by which decisions are to be made;
b
as to the procedure to be followed in connection with the making of decisions;
c
for appeals against decisions to be made to the school or institution's governing body or another person specified in the regulations;
d
as to the time or date by which appeals are to be determined;
e
as to the procedure to be followed in connection with the determination of an appeal.
4
A head teacher or principal and governing body or other person charged with determining appeals under regulations made under subsection (3) must have regard to any guidance given from time to time by the Welsh Ministers as to the exercise of their functions under this section.
5
The Welsh Ministers may by order—
a
amend or omit any paragraph of subsection (2);
b
add additional paragraphs to that subsection;
c
amend or omit such additional paragraphs.
33HF189Delivery of local curriculum entitlements
Where a student is entitled to follow a course of study under section 33F(1), the governing body of the student's relevant school or institution must ensure that during the entitlement period the course is made available to the student by or on behalf of the governing body.
33IF185Head teacher's or principal's decision to remove entitlement
1
If the head teacher or principal of a student's relevant school or institution is satisfied that any of the grounds in subsection (2) apply, the head teacher or principal may decide that a student is no longer entitled to follow a course of study that the student was entitled to follow under section 33F.
2
The grounds referred to in subsection (1) are that—
a
the student's or another person's health or safety would be placed unacceptably at risk if the pupil were to continue to follow the course of study;
b
disproportionate expenditure would be incurred if the pupil were to continue to follow the course of study.
3
Regulations may make provision connected with the making of decisions under subsection (1) including in particular provision—
a
as to the procedure to be followed in connection with the making of decisions;
b
for appeals against decisions to be made to the school or institution's governing body or another person specified in the regulations;
c
as to the effect of a decision pending determination of an appeal;
d
as to the procedure to be followed in connection with the determination of an appeal.
4
A head teacher or principal and governing body or other person charged with determining appeals under regulations made under subsection (3) must have regard to any guidance given from time to time by the Welsh Ministers as to the exercise of their functions under this section.
5
The Welsh Ministers may by order—
a
amend or omit any paragraph of subsection (2);
b
add additional paragraphs to that subsection;
c
amend or omit such additional paragraphs.
33JF143Planning the local curriculum
1
The following persons must assist the Welsh Ministers in planning the local curriculum or curricula for a local authority's area—
a
the local authority;
b
the governing body and head teacher of any maintained school maintained by the authority;
c
the governing body and principal of an institution in the authority's area.
2
In subsection (1), “ planning the local curriculum or curricula ” means the process by which the Welsh Ministers decide under section 33A which courses of study to include in the local curriculum or curricula.
F2193
The persons mentioned in paragraphs (a) to (c) of subsection (1) must have regard to any guidance given from time to time by the Welsh Ministers as to the exercise of their functions under that subsection.
4
The persons mentioned in paragraphs (a) and (b) of subsection (1) must comply with any direction given by the Welsh Ministers as to the exercise of their functions under that subsection.
33KF144Delivery of local curriculum entitlements: joint-working
1
The objective of this section is to maximise the availability of courses of study included in a local curriculum formed under section 33A.
2
In relation to the local curriculum or curricula for a local authority, the persons mentioned in subsection (4) must take all reasonable steps in order to achieve the objective of this section.
3
The duty under subsection (2) includes, but is not limited to, a duty to seek to enter into cooperation arrangements where, having considered whether it would further the objective of this section to do so, the persons mentioned in subsection (4) have concluded that entering into such arrangements would further that objective.
4
The persons are—
a
the local authority;
b
the governing body of a secondary school maintained by the authority; and
c
the governing body of an institution within the further education sector which is situated within the area of the authority.
5
In this section and section 33L “co-operation arrangements” means—
a
arrangements under which any person provides, on behalf of the governing body of a maintained school, a course of study included within the relevant local curriculum for the school;
b
arrangements under which any person provides, on behalf of the governing body of an institution, a course of study included within the relevant local curriculum for the institution;
F209ba
arrangements made in exercise of the powers of collaboration described in section 4 of the Education (Wales) Measure 2011.
F210c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F210d
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6
For the purposes of this section, “relevant local curriculum” means—
a
in relation to a maintained school—
i
where the Welsh Ministers have formed a single local curriculum for the area of the local authority by which the school is maintained, that local curriculum; or
ii
where the Welsh Ministers have formed more than one local curriculum for the area of the local authority by which the school is maintained, the local curriculum in respect of which the school is designated under section 33C(2);
b
in relation to an institution—
i
where the Welsh Ministers have formed a single local curriculum for the local authority area in which the institution is situated, that curriculum; or
ii
where the Welsh Ministers have formed more than one local curriculum for the local authority area in which the institution is situated, the local curriculum in respect of which the institution is designated under section 33C(2).
33LF145Joint-working: guidance and directions
1
A local authority, a governing body of a maintained school and the governing body of an institution must have regard to any guidance given from time to time by the Welsh Ministers as to the discharge of their duties under section 33K.
2
Guidance given under subsection (1) may relate to the contents of co- operation arrangements.
3
F220A local authority and a governing body of a maintained school must comply with any direction given by the Welsh Ministers as to the entering into of co-operation arrangements.
4
A direction under subsection (3)—
a
may require persons to enter into specified arrangements;
b
may specify the terms upon which arrangements are to be entered into (whether generally or in respect of specified arrangements);
c
in the case of a direction to enter into specified arrangements with a person who is not mentioned in subsection (1), must not be given unless that person consents to the direction.
33MF146Power to amend learning domains
The Welsh Ministers may by order—
a
amend or omit any paragraph of subsection (3) of section 33A;
b
add additional paragraphs to that subsection;
c
amend or omit such additional paragraphs.
33NF147The local curriculum: interpretation
1
In sections 33A to 33L—
F200“academic year” means the period beginning on the fourth Monday of September in any year and ending on the first day of September in the following year;
F244“course of study” means a course of education or training that—
- a
leads to a form of qualification or set of forms of qualification approved under Part 4 of the Qualifications Wales Act 2015 or designated under Part 5 of that Act, or
- b
is designated by the Welsh Ministers under section 34(8) of that Act;
- a
“ entitlement period ” means the period described in section 33E(2);
“ fourth key stage ” is to be construed in accordance with section 103 of the Education Act 2002;
“ institution ” means an institution within the further education sector in Wales unless the institution provides education wholly or mainly for persons with
F259a learning difficulty (within the meaning of section 41);F259additional learning needs (within the meaning given by the Additional Learning Needs and Education Tribunal (Wales) Act 2018);“local curriculum” and “local curricula” are to be construed in accordance with section 33A;
“local authority” means a local authority in Wales;
“ maintained school ” means a community, foundation or voluntary school maintained by a local authority in Wales provided that it is also a secondary school;
“principal”, in relation to an institution, means the principal or other head of the institution;
“regulations” means regulations made by the Welsh Ministers;
“relevant school or institution”, in relation to a person, is to be construed in accordance with section 33D;
“relevant student”, in relation to a maintained school or institution, means a student for whom the school or institution is his or her relevant school or institution;
“student” means a person who has made an election under section 33E.
2
Unless the context otherwise requires, an expression used in sections 33A to 33N, 33P and 33Q and also the Education Act 1996 is to bear for the purposes of those sections the meaning given to it for the purposes of that Act.
33OF148Local curriculum: directions
Any direction given by the Welsh Ministers under sections 33A(4), 33J(3) and 33L(3) may be varied or revoked by a further direction.
33PF149Application of local curriculum provisions to students who are registered pupils of special schools or who have F260learning difficultiesF260additional learning needs
1
Regulations may apply the provisions of sections 33A to 33L, 33N and 33O and the provisions of any regulations made under section 46 of the Learning and Skills (Wales) Measure 2009 in respect of a person who falls, or is likely to fall, within subsection (3).
2
The regulations may apply those provisions with such modifications as appear to the Welsh Ministers to be necessary or expedient.
3
A person falls within this subsection if he or she—
a
is above compulsory school age; and
b
either—
i
a registered pupil of a community F213... special school which is maintained by a local authority in Wales and is not established in a hospital; or
33QF150Application of local curriculum provisions to institutions within the higher education sector
1
Regulations may apply the provisions of sections 33A to 33L, 33N and 33O and the provisions of regulations made under section 46 of the Learning and Skills (Wales) Measure 2009 in relation to an institution, or institutions, within the higher education sector in Wales as those provisions apply in relation to an institution within the further education sector in Wales.
2
The regulations may also apply those provisions in relation to the principal or governing body of an institution within the higher education sector in Wales (or to persons with functions that are similar to those of a principal or governing body) as they apply in relation to the principal or governing body of an institution within the further education sector in Wales.
3
The regulations may apply those provisions with such modifications as appear to the Welsh Ministers to be necessary or expedient.
Main powers
I434 Provision of financial resources.
1
The F160Welsh Ministers 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 F160Welsh Ministers may secure the provision of financial resources under subsection (1)—
a
by providing resources F161themselves;
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 F160Welsh Ministers).
3
In exercising F162their power under subsection (1)(c) the F160Welsh Ministers 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).
I5C535 Financial resources: conditions.
1
2
The conditions may—
a
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 F221... 140.
4
F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
The conditions may—
a
b
require the payment of interest in respect of any period in which a sum due to the F22National Assembly in accordance with any condition is unpaid.
6
F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I636 Funding of school sixth-forms.
1
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 35).
F1183
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;
F128“local authority” means a local authority in Wales (within the meaning of section 579(1) of the Education Act 1996);
“ schools budget ” has the same meaning as in Part 2 of that Act (framework for maintained schools).
I737 Assessments and means tests.
1
The F171Welsh Ministers may develop schemes for the assessment of the performance of persons in providing post-16 education and training.
2
3
The F171Welsh Ministers may—
a
carry out means tests;
b
arrange for other persons to carry out means tests.
4
I838 Qualifying accounts and arrangements.
1
The F174Welsh Ministers may promote—
a
the holding of accounts which qualify under section 104;
b
the making of arrangements which qualify under section 105.
F232
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F22239 Further education: governors.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Other functions
I940 Research and information.
F241
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F242
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F243
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F244
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
6
The F175Welsh Ministers may secure the provision of facilities for providing information, advice or guidance about education or training or connected matters (including employment).
I1041 Persons with F250learning difficultiesF250additional learning needs.
1
In discharging its functions under sections 31, 32 and 34(1)(a) to (d) and (g) the F177Welsh Ministers must have regard—
F252b
to the desirability of facilities being available which would assist the discharge of duties under the Additional Learning Needs and Education Tribunal (Wales) Act 2018.
F2532
If the F178Welsh Ministers are satisfied that F179they 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 F180they also secure the provision of boarding accommodation for him, the F181Welsh Ministers must secure the provision of boarding accommodation for him.
F2543
If the F178Welsh Ministers are satisfied that F179they 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 F180they also secure the provision of boarding accommodation for him, the F181Welsh Ministers must secure the provision of boarding accommodation for him.
F2554
If the F178Welsh Ministers are satisfied that F179they 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 F180they also secure the provision of boarding accommodation for him, the F182Welsh Ministers may secure the provision of boarding accommodation for him.
F2565
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.
F2565A
In this Part, “additional learning needs” has the meaning given by section 2 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018, and “additional learning provision” has the meaning given by section 3 of that Act.
F2576
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.
F1342 Equality of opportunity.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1343 Plans.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1344 Strategy.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1345 Use of information by Council.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1346 Supplementary functions.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Miscellaneous
F1347 Directions.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1348 Committees.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1349 Grants to Council.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1350 Annual report.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1351 Council’s financial year.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part III Inspections in England
Chapter 1The Adult Learning Inspectorate
The Inspectorate
F5452The Inspectorate.
. . . . . . . . . . . . . . . . . . . . . . . . . .
F5453The Inspectorate’s remit.
. . . . . . . . . . . . . . . . . . . . . . . . . .
Functions of the Inspectorate and the Chief Inspector
F5454Functions of the Inspectorate and Chief Inspector.
. . . . . . . . . . . . . . . . . . . . . . . . . .
F5455Inspections under section 54.
. . . . . . . . . . . . . . . . . . . . . . . . . .
F5456General powers.
. . . . . . . . . . . . . . . . . . . . . . . . . .
F5457Right of entry and offences.
. . . . . . . . . . . . . . . . . . . . . . . . . .
F5458Action plans.
. . . . . . . . . . . . . . . . . . . . . . . . . .
F5459Annual report.
. . . . . . . . . . . . . . . . . . . . . . . . . .
Chapter IIHer Majesty’s Chief Inspector of Schools in England
The Chief Inspector’s extended remit
F5460The extended remit.
. . . . . . . . . . . . . . . . . . . . . . . . . .
Additional functions
F5461Additional functions of the Chief Inspector.
. . . . . . . . . . . . . . . . . . . . . . . . . .
F5462Inspection of further education institutions.
. . . . . . . . . . . . . . . . . . . . . . . . . .
F5463Right of entry and offences.
. . . . . . . . . . . . . . . . . . . . . . . . . .
F5464 Action plans.
. . . . . . . . . . . . . . . . . . . . . . . . . .
F5465Area inspections.
. . . . . . . . . . . . . . . . . . . . . . . . . .
F5466Reports of area inspections.
. . . . . . . . . . . . . . . . . . . . . . . . . .
F5467Action plans following section 65 inspections.
. . . . . . . . . . . . . . . . . . . . . . . . . .
F5468Further powers of the Chief Inspector.
. . . . . . . . . . . . . . . . . . . . . . . . . .
Chapter IIIThe Common Inspection Framework and Joint Inspections
The Common Inspection Framework
F5469The framework.
. . . . . . . . . . . . . . . . . . . . . . . . . .
F5470Preparation of the framework.
. . . . . . . . . . . . . . . . . . . . . . . . . .
Joint inspections
F5471Joint inspections.
. . . . . . . . . . . . . . . . . . . . . . . . . .
Chapter IVGeneral
F5472Defamation.
. . . . . . . . . . . . . . . . . . . . . . . . . .
Part IV Inspections in Wales
New titles
I1173 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
”
.
I1274 Some defined terms.
1
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
I1375 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
b
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 M5School 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 F46Part 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
I1476 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.
I1577 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;
F27b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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.
I1678 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.
I1779 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.
I1880 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.
F5581 Inspections of careers services etc.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I1982 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 F58the 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.
F567
In this section “the Chief Inspector for England” means Her Majesty's Chief Inspector of Education, Children's Services and Skills.
I2083 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 F5015 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 F28National Assembly or a F127local authorityF131 in Wales 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
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.
F2149A
For provision on reporting on sixth forms found to be causing concern in an area inspection, see sections 44C and 44E of the Education Act 2005.
10
“Area inspection” means an inspection under this section.
F5111
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.
I2184 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.
F292
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
4
In preparing the statement F30... 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.
I2285 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.
I2386 Annual reports.
1
The annual report of the Chief Inspector for Wales required by F47section 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.
I2487 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 M7Government of Wales Act 1998.
I2588 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.
F6190 Preliminary transfers: FEFC for England.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3191 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 M8Employment and Training Act 1973 (arrangements regarding employment).
4
The listed persons are—
a
the Learning and Skills Council for England;
F62b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F62c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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.
F3293 Transfers: Wales.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Transfers: further provision
94 Stamp duty.
1
A transfer effected by virtue of section 89 F33... is not to give rise to liability to stamp duty.
2
Stamp duty is not to be chargeable on a scheme made under F63section 92.
94AF10Stamp 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.
I2695 Contracts of employment.
1
This section applies if rights and liabilities under a contract of employment are transferred by virtue of—
a
section 89 F34... or
b
a scheme under F64section 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 M9Employment 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 F230 : England
Word in s. 96 cross-heading inserted (21.9.2015) by Qualifications Wales Act 2015 (anaw 5), s. 60(2), Sch. 4 para. 3(3); S.I. 2015/1687, art. 2 (with arts. 3-12)
I27C196 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 F138a 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
a
funded by an authorised body (as defined in section 100), or
b
provided by or on behalf of a maintained school F232 in England .
3
In relation to a maintained school, the F193local 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.
F1405
F233In this section “a relevant qualification” means a qualification to which Part 7 of the Apprenticeships, Skills, Children and Learning Act 2009 applies.
8
These are maintained schools—
a
a community, foundation or voluntary school;
b
a community or foundation special school.
F1349
In this section and sections 100 to F234101 “local authority” has the same meaning as “local authority in England” in the Education Act 1996 (see section 579(1) of that Act).
F11997 Persons over 19.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
98F235Approved qualifications
1
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.
F1212A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1202B
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.
F844
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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.
F2037
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2038
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F23799 Approved qualifications: Wales.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I28100 Authorised bodies.
1
a
the Learning and Skills Council for England;
b
a F127local authority ;
c
a body specified by order by the Secretary of State for the purposes of this section.
F2392
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
101F240Enforcement
1
This section has effect for the purposes of F245section 96F241..., and it applies if the Secretary of State is satisfied that—
a
b
F123c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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).
F242102 Enforcement: Wales.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I29103 Amendments relating to external qualifications.
1
The M10Education Act 1997 shall be amended as follows.
F1372
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1373
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2434
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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 F2 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
F3The 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
F4The 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
I30110 Secondary education.
1
After section 2(2) of the M11Education 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 F127local 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 M12Education 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 M13School Standards and Framework Act 1998 (community or foundation mainstream or special school).
4
5
F1356
In this section “local authority” has the same meaning as in the Education Act 1996 (see section 579(1) of that Act).
I31111 Further education corporations.
1
The following shall be substituted for section 16(2) and (3) of the M16Further 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 F127local 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 F127local 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
I32112 Further education institutions: designation.
In section 28(3) of the M17Further 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 F127local authority .
F215113 Sixth forms requiring significant improvement: Wales
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F216 113A Restructuring of sixth-form education
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Support for 13 to 19 year olds: England
F89114 Provision of services.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F89115 Consultation and coordination.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F89116 Local education authorities.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F89117 Educational institutions: information and access.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F89118 Inspection.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F89119 Information: supply by Secretary of State.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F89120 Information: supply by public bodies.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F89121 Supplementary.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
122 Careers services.
The following shall be inserted after section 10A of the M18Employment 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
I33123 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.
I34124 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.
I35125 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 F65Local Health Board,
b
a chief officer of police,
F211c
a police and crime commissioner,
d
a probation committee
F71da
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,
F35b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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 M19Employment 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.
I36126 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) F87 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 F217... 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 F36National Assembly for Wales in the discharge of its functions under Part 2.
I37127 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) F88 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.
I38128 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).
F482
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
F49 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.
I39129 Supplementary.
1
In sections 123 to 128—
“local authority” means a county council or a county borough council,
F66“Local Health Board” has the meaning given by section 11 of the National Health Service (Wales) Act 2006,
F53...
“parent”, in relation to a child, means a person who has parental responsibility for him within the meaning of section 3 of the M20Children Act 1989,
“probation committee” means a committee established under section 3 of the M21Probation Service Act 1993,
F212...
“young person” has the meaning given by section 123(3),
“youth offending team” means a team established under section 39 of the M22Crime 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.
F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
131 City academies: land.
F6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
132 City academies: financial provisions.
F7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
133 City colleges and academies: special educational needs.
After section 483 of the M23Education 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 F127local 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 F127local 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 M24Superannuation 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 M25Employment 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 M26Superannuation 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
136 Pensions: delegation.
1
A function exercisable by virtue of section 1 of the M28Superannuation 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 M29Deregulation 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 M30Education 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 F127local 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)
”
.
I40138 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 M31Employment and Training Act 1973 (training and careers services), and
c
services wholly or partly funded in pursuance of section 12 of the M32Industrial Development Act 1982 (careers in industry).
3
The persons and bodies are—
a
a local authority,
F67b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F198ba
a Local Health Board,
c
the F37National Assembly for Wales,
d
a chief officer of police,
e
a probation committee,
F72ea
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.
I41139 Induction periods for teachers.
1
Section 19 of the M33Teaching 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).
F224139AAssessments relating to learning difficulties: England
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F225139BAssessments under section 139A: interpretation
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F226139CAssessments under section 139A: persons educated at home
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I42C6F258140F74Assessments relating to learning difficulties: Wales
1
Subsection (2) applies if—
a
2
F77The 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
F78The 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
who appears F79to the Welsh Ministers to have a learning difficulty (within the meaning of section 13), and
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
F1365A
“Local authority in Wales” has the same meaning as in the Education Act 1996 (see section 579(1) of that Act).
F836
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I43141 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 M37Employment 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 F85articles 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 F86articles 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.
I44142 Further and higher education corporations: secondary education.
1
Section 18 of the M38Further 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 M39Education 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 M40Education 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.
I45143 Further education sector: designated institutions.
1
Section 28 of the M41Further 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 M42Further 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 M43Further 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 M44Further 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 M45Further 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 M46Further and Higher Education Act 1992 (further education corporation: powers);
b
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 F202the Charities Act 2011) 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.
I46144 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 M48Further 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 appropriateF38authority.
4
If trustees dispose of land to which this section applies they shall pay to the appropriate F39authority so much of the proceeds of disposal as may be determined to be just—
a
by agreement between the trustees and the F39authority, or
b
in default of agreement,
F208i
in the case of land in England held for the purposes of a sixth form college, or land in Wales, by an arbitrator to be appointed in default of agreement by the President of the Chartered Institute of Arbitrators;
ii
in the case of any other land in England, by the Secretary of State.
F2064A
The expense of an arbitrator appointed under subsection (4)(b)(i) is to be borne equally by the trustees and—
a
in the case of land in England, the Secretary of State;
b
in the case of land in Wales, the Welsh Ministers.
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 M51Further and Higher Education Act 1992).
9
In this section “the appropriate F40authority” means—
F229aa
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
the F41National Assembly for Wales, in respect of land in Wales.
I47145 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 M52Further and Higher Education Act 1992,
F125aa
a sixth form college corporation as defined in section 90 of that Act, 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
146 Financial support for students.
1
The M54Teaching 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 M55Education (Student Support) (Northern Ireland) Order 1998 shall be amended as follows.
F112
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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
”
.
F115
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I48148 Sex education.
1
The M56Education Act 1996 shall be amended as follows.
2
F8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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.
I49149 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 M57Government 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 M58Education (Fees and Awards) Act 1983 (fees at institutions) made by Schedule 9 to this Act,
c
d
F196. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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 F45....
F692
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
Part IV of Schedule 10 contains transitional provision relating to the M60Education (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.
F1262A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1262B
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1262C
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1262D
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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 F9the 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 M61Statutory Rules (Northern Ireland) Order 1979; and any such regulations shall be subject to negative resolution within the meaning of section 41(6) of the M62Interpretation Act (Northern Ireland) 1954 as if they were statutory instruments within the meaning of that Act.
F1834A
Any statutory instrument containing regulations made by the Welsh Ministers under section 33D(3), 33E(3), 33G(3), 33I(3), 33P or 33Q is subject to annulment in pursuance of a resolution of the National Assembly for Wales.
4B
No order shall be made by the Welsh Ministers under section 33G(5), 33I(5) or 33M unless a draft of the instrument containing the order has been laid before, and approved by a resolution of, the National Assembly for Wales.
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.
I50153 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.
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