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

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.

the Learning and Skills Council for England;

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

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

section 89 F15... or

a scheme under F45section 92.

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

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

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

which leads to F106a relevant qualification, and

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.

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

provided by or on behalf of a maintained school.

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

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

a community, foundation or voluntary school;

a community or foundation special school.

it is then approved by the Secretary of State, or

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

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

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

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

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.

a designation;

an approval given by him;

an approval given by a designated body.

the conditions mentioned in subsection (2ZA) are then satisfied in relation to the qualification,

it is then F111otherwise approved by the National Assembly for Wales, or

it is then approved by a body then F112otherwise designated by the National Assembly for the purposes of this section.

the qualification is awarded or authenticated by a person recognised in that respect under section 30(1)(e) of the Education Act 1997, and

if the qualification is subject to a requirement of accreditation pursuant to a determination made under section 30(1)(f) of that Act, it is accredited under section 30(1)(h) of that Act.

a designation;

an approval given by the National Assembly;

an approval given by a designated body.

the Learning and Skills Council for England;

a F98local authority ;

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

the F18National Assembly for Wales;

a F98local authority ;

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

a F98local authority or specified body has failed to comply with section 96(2)(a) or is proposing to do so, F79 or

a F98local authority or governing body has failed to comply with section 96(3) or is proposing to do so, F80...

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

a F98local authority or specified body has failed to comply with section 96(2)(a) or is proposing to do so, F83or

a F98local authority or governing body has failed to comply with section 96(3) or is proposing to do so, F84...

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

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

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

omit subsection (3).

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

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

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;

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

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

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

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

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

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

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

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

arrangements which qualify under section 106.

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

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.

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

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

who hold accounts which qualify under section 104,

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

who hold such accounts and are parties to such arrangements.

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

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

conditions as to the employment or self-employment of individuals;

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

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

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

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;

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

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;

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

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

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.

by the Secretary of State, or

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

who hold accounts which qualify under section 104,

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

who hold such accounts and are parties to such arrangements.

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

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.

for subsection (3)(b) substitute—

and

after subsection (3) insert—

with a view to meeting recommendations made in the report of an area inspection under section 83,

with a view to promoting one or more of the relevant objectives, or

an improvement in the educational or training achievements of persons who are above compulsory school age but below the age of 19;

an increase in the number of such persons who participate in education or training suitable to the requirements of such persons;

an expansion of the range of educational or training opportunities suitable to the requirements of such persons.

the establishment by a F98local authorityF51 in Wales of one or more new community, foundation, community special or foundation special schools to provide secondary education suitable to the requirements of persons who are above compulsory school age but below the age of 19 (and no other secondary education);

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

an alteration to one or more maintained schools which relates to the provision of secondary education suitable to the requirements of such persons and is of a description prescribed by regulations;

the discontinuance of one or more maintained schools which provide secondary education suitable to the requirements of such persons (and no other secondary education).

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

withdraw them.

the information to be included in, or provided in relation to, the proposals;

publication of the proposals;

consultation on the proposals (before or after publication);

the making of objections to or comments on the proposals;

withdrawal or modification of the proposals;

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

confirmation of proposals under subsection (2) by the relevant authority

to provide youth support services;

to secure the provision of youth support services;

to participate in the provision of youth support services.

to participate effectively in education or training,

to take advantage of opportunities for employment, or

to participate effectively and responsibly in the life of their communities.

may include provision for grants, loans and other kinds of financial assistance to be provided by the National Assembly (whether or not on conditions),

may require local authorities to have regard to guidance issued by the National Assembly, and

may require local authorities when making arrangements with other persons to require those persons to have regard to guidance issued by the National Assembly.

may relate to a particular class of young person;

may make different provision for different classes of young person;

may be revoked or varied by a later direction.

shall comply with a direction given to it under section 123(1), and

may provide, secure the provision of or participate in the provision of youth support services otherwise than in accordance with paragraph (a).

may relate to a particular class of young persons;

may relate to services for a person from another area.

incur expenditure;

employ officers;

enter into agreements for the supply of goods or services;

do anything else (other than forming companies) which they consider necessary or expedient.

a F46Local Health Board,

a chief officer of police,

a police authority,

a probation committee

a provider of probation services, and

a youth offending team.

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,

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

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 M13Employment and Training Act 1973 (careers services),

consult any relevant organisation established for the purpose of enabling voluntary bodies to co-operate and co-ordinate their activities,

consult such other persons as the local authority think appropriate, and

provide such opportunities as the local authority think appropriate for young persons in the place or area concerned to express their views.

provide or propose to provide youth support services for the residents of a particular place or area, or

secure or propose to secure the provision of youth support services for the residents of a particular place or area.

exercise their functions so as to support and assist the services provided, secured or proposed by the local authority, and

coordinate the exercise of their functions, so far as seems reasonable, with persons providing those services.

provide him on request with the name and address of a pupil or student;

provide him on request with the name and address of a parent of a pupil or student;

provide him on request with information in the institution’s possession about a pupil or student;

permit him to have access to a pupil or student on the institution’s premises at reasonable times;

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.

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

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.

community, foundation and voluntary schools,

community or foundation special schools (other than those established in hospitals),

city technology colleges and city colleges for the technology of the arts,

pupil referral units,

institutions within the further education sector, and

institutions in receipt of funding from the F26National Assembly for Wales in the discharge of its functions under Part 2.

shall advise the National Assembly for Wales on request about matters relating to services provided in pursuance of section 123(1) F69 or section 40(1) of the Learning and Skills (Wales) Measure 2009,

may give the National Assembly other advice about those matters,

shall, when requested to do so by the National Assembly, inspect and report on the provision of those services, and

may undertake such other inspections of the provision of those services as he thinks fit.

may be general or in relation to specific matters,

may relate to a specific person or institution providing services, or to a specific class of person or institution, and

may relate to a specific area.

section 24(3)(a) and (d) (right of access), and

section 58 (computer records).

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,

publish the statement within such period, and in such manner, as may be prescribed by regulations made by the National Assembly for Wales, and

send copies of the statement to such persons as may be prescribed by regulations made by the National Assembly.

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

shall take all reasonable steps to ensure that the action specified in the statement is taken within the period specified.

the National Assembly may give directions to the local authority about the performance of those duties, and

the authority shall comply with the directions.

he has rights and obligations as a pensioner or deferred pensioner under a salary related occupational pension scheme, and

the rights and obligations arose by virtue of his or another person’s employment with any of the employers specified in subsection (3).

a person with whom the Secretary of State or the National Assembly for Wales has made arrangements under section 2 of the M20Employment and Training Act 1973 and who is specified in an order made by the Secretary of State or is of a description so specified;

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.

the trustees of the occupational scheme consent in writing to the new scheme being made,

the rights of the persons under the new scheme are no less generous than their rights as they existed under the occupational scheme, and

the obligations of the persons under the new scheme are no more onerous than their obligations as they existed under the occupational scheme.

all forms of right to or eligibility for the present or future payment of a pension to or in respect of him;

a right of allocation in respect of the present or future payment of a pension.

either wholly or to such extent as may be specified in the authorisation;

either generally or in such cases as may be so specified;

either unconditionally or subject to the fulfilment of such conditions as may be so specified.

to a local authority;

to any other person or body involved in the provision of the services.

services provided in pursuance of section 123 of this Act,

services provided in pursuance of any of sections 2, 8, 9 and 10 of the M26Employment and Training Act 1973 (training and careers services), and

services wholly or partly funded in pursuance of section 12 of the M27Industrial Development Act 1982 (careers in industry).

a local authority,

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

a Local Health Board,

the F27National Assembly for Wales,

a chief officer of police,

a probation committee,

a probation trust,

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

a youth offending team.

in paragraph (f) omit “employed as a teacher at a school”, and

in paragraph (k) after “schools” insert “ or to further education institutions ”.

maintains a statement of special educational needs for a person, and

believes that the person will leave school, at the end of his last year of compulsory schooling, to receive post-16 education or training or higher education.

maintains a statement of special educational needs for a person who is over compulsory school age, and

believes that the person will leave school, during or at the end of the current school year, to receive post-16 education or training or higher education.

who is within subsection (6), and

for whom the authority is responsible.

is in his last year of compulsory schooling, or is over compulsory school age but has not attained the age of 25,

appears to the authority to have a learning difficulty within the meaning of section 13, and

is receiving, or in the opinion of the authority is likely to receive, post-16 education or training or higher education.

the person's educational and training needs, and

the provision required to meet them.

a person who is receiving education or training in its area;

a person who is not receiving education or training, but who is normally resident in its area;

a person who is not receiving education or training, and who is not normally resident in its area or that of another authority, but who is otherwise within its area and, in its opinion, likely to receive post-16 education or training or higher education.

a F98local authorityF56in Wales maintains a statement of special educational needs for a person under section 324 of the Education Act 1996, and

the F57Welsh Ministers believe that the person will leave school at the end of his last year of compulsory schooling to receive post-16 education or training (within the meaning of Part I of this Act) or higher education (within the meaning of the M29Education Reform Act 1988).

who is in his last year of compulsory schooling or who is over compulsory school age but has not attained the age of 25,

who appears F60to the Welsh Ministers to have a learning difficulty (within the meaning of section 13), and

who is receiving, or in the F61opinion of the Welsh Ministers is likely to receive, post-16 education or training (within the meaning of F61 Part 2 of this Act) or higher education (within the meaning of the M30Education Reform Act 1988).

his educational and training needs, and

the provision required to meet them.

it has entered into an arrangement with the Secretary of State with a view to receiving payments under section 2(2)(d) of the M32Employment and Training Act 1973 (arrangements in respect of training) in connection with the provision of facilities,

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),

the company’s F66articles 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

the company’s F67articles 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.

take action of a prescribed kind, or

cause or permit a person to take action of a prescribed kind.

making a disposal or payment of a prescribed kind or in prescribed circumstances,

incurring expenditure of a prescribed kind or in prescribed circumstances, and

entering into a transaction of a prescribed kind or in prescribed circumstances.

a specified body, or

the Secretary of State.

provide for a contract or other agreement to be of no effect;

vary the terms of a contract or other agreement;

require money to be paid to the Secretary of State by or on behalf of the company to which this section applies;

require money to be paid to the Secretary of State by or on behalf of any other specified person;

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.

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,

the functions conferred or imposed on the Secretary of State by subsections (2) to (6) shall be exercisable by the National Assembly, and

a reference in subsections (2) to (7) to the Secretary of State shall be taken as a reference to the National Assembly.

for subsection (1)(aa) substitute—

and

after subsection (1) insert—

after subsection (1)(b) insert—

and

after subsection (1) insert—

in subsection (1) for “as eligible to receive support from funds administered by the councils” substitute “ for the purposes of this section ”,

subsection (2)(b) shall cease to have effect, and

after subsection (2)(c) add—

make provision similar to any provision of section 18 or 19 of the M41Further and Higher Education Act 1992 (further education corporation: powers);

make provision for the continuity of the body corporate, including provision for the continuation of anything done under section 29 of the M42Further and Higher Education Act 1992 (government and conduct of designated institutions);

make provision expressed to have effect subject to the institution’s instrument or articles of government;

make provision which confers exempt charitable status (for the purposes of the M43Charities Act 1993) and which relates to the governing body or to an institution administered by or established for the purposes of that body;

make provision about the discontinuance of the institution;

make provision about the dissolution of the body corporate (including provision about the treatment of property, rights and liabilities).

the governing body of the institution, and

the trustees of any trust relating to the institution.

is held by trustees for the purposes of an institution which became a designated institution after the coming into force of this section, and

was acquired or enhanced in value wholly or partly by means of money paid under section 65 of the M45Education Act 1996 (grants) or paragraph 5 of Schedule 3 to the M46School Standards and Framework Act 1998 (grants).

by agreement between the trustees and the F29authority, or

in default of agreement,

the value of the land at the date of the determination, and

any enhancement of the land’s value which is attributable to expenditure by the trustees or the governing body of the designated institution.

they shall be treated for the purposes of this section as having disposed of the land, and

subsection (4) shall have effect as if the reference to the proceeds of disposal were a reference to the value of the land.

this section applies to land which satisfied subsection (1) or (2) immediately before the institution ceased to exist, and

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 M47Further and Higher Education Act 1992).

the Young People’s Learning Agency for England, in respect of land in England held for the purposes of a sixth form college;

the Chief Executive of Skills Funding, in respect of any other land in England;

the F31National Assembly for Wales, in respect of land in Wales.

the member of the body applies to a court for an order under this subsection, and

the court considers that the action or omission which gives rise to the member’s liability was honest and reasonable,

a further education corporation established by virtue of section 15, 16 or 47 of the M48Further and Higher Education Act 1992,

a sixth form college corporation as defined in section 90 of that Act, and

a body corporate established by virtue of section 143(4) or (5) of this Act.

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

is of a kind which the court could have made if the liability had already been incurred.

in subsection (1) for “attending” substitute “ undertaking ”, and

in subsections (2)(h) and (7) omit “attendance on”.

for “at” substitute “ with ”, and

for “attending” substitute “ undertaking ”.

in paragraph (1) for “attending” substitute “ undertaking ”;

in paragraphs (2)(h) and (7) omit “attendance on”.

for “at” substitute “ with ”, and

for “attending” substitute “ undertaking ”.

for “subsection (1)” substitute “ this section ”, and

at the end insert “and “NHS body” has the same meaning as in section 22 of the National Health Service Act 1977.”

the function shall be exercisable in relation to Wales by the National Assembly for Wales, and

for that purpose any reference to the Secretary of State shall be taken as a reference to the National Assembly.

this Part confers a function on the Secretary of State by amendment of an Act, and

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 M53Government of Wales Act 1998 (transfer of functions),

section F49... 92, 104, 134 F32, 144 or 154 of this Act,

the amendment of section 1(3) of the M54Education (Fees and Awards) Act 1983 (fees at institutions) made by Schedule 9 to this Act,

the amendment of section 26 of the M55Employment Act 1988 (status of trainees etc) made by Schedule 9 to this Act F113...

F113. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

the dissolution of the Further Education Funding Councils, and

the establishment of the Learning and Skills Council for England F35....

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

regulations made by the Secretary of State under any provision of this Act.

Parts I and III,

sections 89, 90, 92, 94, 98, 100(1), 101, 104 to 109, 114 to 122, 132 to 136, 146 and 147,

in Schedule 9, paragraphs 11, 14, 35, 37 to 39, 41 to 43, 47 to 50, 52(3), 83, 87 and 88,

Part IV of Schedule 10, and

in Schedule 11, the repeals in section 91 of the M59Further and Higher Education Act 1992 and section 142 of the M60School Standards and Framework Act 1998 and the repeals consequential upon any provision mentioned in paragraph (c).

Parts II and IV, and

sections 91, 93, 99, 100(2), 102, 123 to 129 and 138.

a provision mentioned in subsection (1) or (2),

any of sections 130, 131, 150, 151, 152, 155 and 156,

Schedule 8,

any provision of Schedule 9 or 11 which is consequential upon section 130 or 131 or Schedule 8,

Parts I to III of Schedule 10, or

this section.

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

in consequence of one provision of this Act being brought into force before another.