Apprenticeships, Skills, Children and Learning Act 2009

Further and Higher Education Act 1992 (c. 13)E+W

2E+WThe Further and Higher Education Act 1992 is amended as follows.

3(1)Section 19 (supplementary powers of a further education corporation) is amended as follows.E+W

(2)In subsection (4AC)(a), for “Learning and Skills Council for England” substitute “ Chief Executive of Skills Funding ”.

(3)In subsection (4B), for “Learning and Skills Council for England” substitute “ Chief Executive of Skills Funding ”.

(4)In subsection (4C), for “council” substitute “ Chief Executive ”.

4E+WIn section 29(7A) (government and conduct of designated institutions)—

(a)for paragraph (a) (but not the “or” following it) substitute—

“(a)the Chief Executive of Skills Funding under section 56AA,”;

(b)in paragraph (b), for “that Act” substitute “ the Learning and Skills Act 2000 ”.

5E+WIn section 31(2A) (designated institutions conducted by companies)—

(a)for paragraph (a) (but not the “or” following it) substitute—

“(a)the Chief Executive of Skills Funding under section 56AA,”;

(b)in paragraph (b), for “that Act” substitute “ the Learning and Skills Act 2000 ”.

6E+WIn section 54(1) (duty to give information)—

(a)for “the Learning and Skills Council for England” substitute “ the Chief Executive of Skills Funding ”;

(b)for “the council”, in both places where it occurs, substitute “ the Chief Executive ”.

7(1)Section 56A (intervention: England) is amended as follows.E+W

(2)In subsection (1), for “Learning and Skills Council for England” substitute “ Chief Executive of Skills Funding (referred to in this section and sections 56AA to 56D as “the Chief Executive”) ”.

(3)In subsections (3) and (4), for “council”, wherever occurring, substitute “ Chief Executive ”.

(4)In subsection (5)—

(a)for the words from “If the” to “same time” substitute “ At the same time as doing one or more of those things the Chief Executive must ”;

(b)in paragraphs (a) to (c) for “council”, wherever appearing, substitute “ Chief Executive ”.

(5)In subsection (6)—

(a)for “council” substitute “ Chief Executive ”;

(b)in paragraph (c), for “as it thinks” substitute “ as the Chief Executive thinks ”.

(6)In subsection (9), for “council” substitute “ Chief Executive ”.

(7)In subsection (10), for “council, where it considers” substitute “ Chief Executive, where the Chief Executive considers ”.

8E+WAfter section 56A insert—

“56AAAppointment by Chief Executive of Skills Funding of members of governing body of further education institutions

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

(a)is conducted by a further education corporation, and

(b)mainly serves the population of England.

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

(3)A member of the governing body of an institution who was appointed before the relevant commencement date by the Learning and Skills Council for England under section 11 of the Learning and Skills Act 2000 is, on and after that date, to be treated for the purposes of subsection (2) of this section as appointed by the Chief Executive under this section.

(4)“The relevant commencement date” is the date on which section 123 of the Apprenticeships, Skills, Children and Learning Act 2009 comes into force.”

9(1)Section 56B (intervention policy: England) is amended as follows.E+W

(2)In subsection (1)—

(a)for “Learning and Skills Council for England” substitute “ Chief Executive ”;

(b)in paragraph (a), for “its policy with respect to the exercise of its powers” substitute “ policy with respect to the exercise of the Chief Executive's powers ”;

(c)for paragraph (c) substitute—

“(c)if the Chief Executive considers it appropriate in consequence of a review, prepare a revised statement of policy.”

(3)In subsection (2)—

(a)for “council” substitute “ Chief Executive ”;

(b)in paragraph (a), for “it thinks” substitute “ the Chief Executive thinks ”;

(c)in paragraph (b), for “made to it” substitute “ made to the Chief Executive ”.

(4)In subsection (3)—

(a)for “council” substitute “ Chief Executive ”;

(b)omit “its”.

(5)In subsection (4), for “council” substitute “ Chief Executive ”.

(6)In subsection (5)—

(a)for “council” substitute “ Chief Executive ”;

(b)for “prepared by it” substitute “ prepared under subsection (1) ”.

(7)In subsection (7)—

(a)for “council” substitute “ Chief Executive ”;

(b)for paragraphs (a) and (b) substitute “ any statement or revised statement received under subsection (6). ”

(8)In subsection (8)—

(a)for “council” substitute “ Chief Executive ”;

(b)for “its powers” substitute “ the Chief Executive's powers ”.

10(1)Section 56C (directions) is amended as follows.E+W

(2)In subsection (1)(b), for “Learning and Skills Council for England” substitute “ Chief Executive ”.

(3)In subsection (2)—

(a)for “council” substitute “ Chief Executive ”;

(b)for “council's” substitute “Chief Executive's”.

(4)In subsection (3), for “council”, in both places where it occurs, substitute “ Chief Executive ”.

(5)In subsection (4)—

(a)for “council” substitute “ Chief Executive ”;

(b)omit “to it”.

(6)In subsection (5), for “council”, in both places where it occurs, substitute “ Chief Executive ”.

11E+WAfter section 56C insert—

“56DNotification by LEA or YPLA of possible grounds for intervention

(1)This section applies if a relevant body is of the view that any of the matters listed in section 56A(2) applies in relation to an institution in England within the further education sector, other than a sixth form college.

(2)The relevant body must notify the Chief Executive of that view.

(3)The Chief Executive must have regard to the relevant body's view in deciding whether to exercise the powers under section 56A.

(4)“Relevant body” means a local education authority or the YPLA.”

12E+WIn Schedule 4 (instruments and articles of government for further education corporations) in paragraph 1A—

(a)for paragraph (a) (but not the “or” following it) substitute—

“(a)the Chief Executive of Skills Funding under section 56AA,”;

(b)in paragraph (b), for “that Act” substitute “ the Learning and Skills Act 2000 ”.