Schedules

[F1Schedule A1E+W+SThe Institute for Apprenticeships

StatusE+W+S

1E+W+SThe IfA is to perform its functions on behalf of the Crown.

MembershipE+W+S

2(1)The IfA is to consist of—E+W+S

(a)a member appointed by the Secretary of State to chair the IfA (“the chair”);

(b)the chief executive appointed in accordance with paragraph 5;

(c)at least 4 and no more than 10 other members appointed by the Secretary of State.

(2)The chair and members appointed under sub-paragraph (1)(c) are referred to in this Schedule as the “non-executive members”.

Tenure of non-executive membersE+W+S

3(1)The non-executive members hold and vacate office in accordance with the terms of their appointment.E+W+S

(2)Those terms are to be determined by the Secretary of State, subject to the following provisions of this Schedule.

(3)A non-executive member must not be appointed for a term of more than five years.

(4)A non-executive member may resign from office at any time by giving written notice to the Secretary of State.

(5)The Secretary of State may remove a non-executive member from office on either of the following grounds—

(a)inability or unfitness to carry out the duties of office;

(b)absence from the IfA's meetings for a continuous period of more than 6 months without the IfA's permission.

(6)The previous appointment of a person as a non-executive member does not affect the person's eligibility for re-appointment.

Remuneration of non-executive membersE+W+S

4(1)The IfA must, if the Secretary of State requires it to do so, pay remuneration, allowances and expenses to its non-executive members.E+W+S

(2)The IfA must, if the Secretary of State requires it to do so, pay, or make provision for the payment of, a pension, allowances or gratuities to or in respect of a person who is or has been a non-executive member.

(3)If a person ceases to be a non-executive member of the IfA and the Secretary of State decides that the person should be compensated because of special circumstances, the IfA must pay compensation to the person.

(4)The amount of a payment under sub-paragraph (1), (2) or (3) is to be determined by the Secretary of State.

(5)Service as a non-executive member is one of the kinds of service to which a scheme under section 1 of the Superannuation Act 1972 (superannuation schemes as respects civil servants etc) can apply (see Schedule 1 to that Act).

(6)The IfA must pay to the Minister for the Civil Service, at such times as the Minister may direct, such sums as the Minister may determine in respect of any increase attributable to the provision of pensions, allowances or gratuities under section 1 of the Superannuation Act 1972 payable to or in respect of non-executive members in the sums payable out of money provided by Parliament under the Superannuation Act 1972.

Chief executive and other staffE+W+S

5(1)The first chief executive is to be appointed by the Secretary of State on conditions of service determined by the Secretary of State, after consulting the chair.E+W+S

(2)Subsequent chief executives are to be appointed by the IfA after consulting the Secretary of State.

(3)The chief executive must not be appointed for a term of more than five years.

(4)The previous appointment of a person as chief executive does not affect the person's eligibility for re-appointment.

(5)The chief executive holds that office as a member of staff of the IfA.

(6)The IfA may appoint other members of staff.

(7)Service as a member of staff of the IfA is employment in the civil service of the State.

(8)The following are to be determined by the IfA with the approval of the Secretary of State—

(a)the number of members of staff of the IfA (in addition to the chief executive);

(b)the conditions of service of staff of the IfA.

(9)Sub-paragraph (8)(b) is subject to sub-paragraph (1).

Arrangements with Secretary of StateE+W+S

6E+W+SThe Secretary of State and the IfA may enter into arrangements with each other for the provision to the IfA by the Secretary of State, on such terms as may be agreed, of staff, accommodation or services.

CommitteesE+W+S

7(1)The IfA may establish committees, and any committee established by the IfA may establish sub-committees.E+W+S

(2)The IfA may—

(a)dissolve a sub-committee established under sub-paragraph (1), or

(b)alter the purposes for which such a sub-committee is established.

(3)In this Schedule a committee or sub-committee established under sub-paragraph (1) is referred to as an “IfA committee”.

(4)An IfA committee must include at least two persons who are members of the IfA or its staff.

(5)The IfA may, with the approval of the Secretary of State, arrange for the payment of remuneration, allowances and expenses to any person who—

(a)is a member of an IfA committee, but

(b)is not a member of the IfA or its staff.

(6)The IfA must, if directed to do so by the Secretary of State, review—

(a)the structure of IfA committees, and

(b)the scope of the activities of each IfA committee.

ProcedureE+W+S

8(1)The IfA may regulate—E+W+S

(a)its own proceedings (including quorum), and

(b)the procedure (including quorum) of IfA committees.

(2)The validity of proceedings of the IfA, or of an IfA committee, is not affected by—

(a)a vacancy;

(b)a defective appointment.

Exercise of functionsE+W+S

9(1)Subject to sub-paragraphs (2) and (3), the IfA may authorise any of the following to exercise functions on its behalf—E+W+S

(a)a member of the IfA;

(b)a member of the IfA's staff;

(c)an IfA committee;

(d)any other person.

(2)The IfA may not authorise any of the functions under sections [F2ZA2A,] A2, [F3ZA10, ZA11, [F4A2D2 to A2D9] and A2E to [F5A2IB]] to be exercised on its behalf—

(a)under sub-paragraph (1)(c), by a committee a majority of the members of which are not members of the IfA's staff, or

(b)under sub-paragraph (1)(d).

(3)The IfA may authorise the exercise on its behalf of functions that have been—

(a)delegated to the IfA by directions under section ZA4, or

(b)conferred on the IfA by regulations under section ZA5,

only if and to the extent that the directions or regulations so provide.

Supplementary powersE+W+S

10(1)The IfA may—E+W+S

(a)provide information or advice to any person in connection with any of the IfA's functions;

(b)co-operate or work jointly with any person where it is appropriate to do so for the efficient and effective performance of any of the IfA's functions;

(c)carry out research for the purposes of, or in connection with, the IfA's functions;

[F6(ca)use, in the exercise of any of its functions, information obtained by it in the exercise of any of its other functions;]

(d)do anything else that the IfA considers necessary or appropriate for the purposes of, or in connection with, its functions.

(2)The [F7powers in sub-paragraph (1) are] subject to any restrictions imposed by or under any provision of any Act.

(3)The IfA may not borrow money.

(4)The IfA may not, without the consent of the Secretary of State—

(a)lend money,

(b)form, participate in forming or invest in a company, or

(c)form, participate in forming or otherwise become a member of a charitable incorporated organisation (within the meaning of section 69A of the Charities Act 1993).

(5)In sub-paragraph (4) the reference to investing in a company includes a reference to becoming a member of the company and to investing in it by the acquisition of any assets, securities or rights or otherwise.

Accounts and reportsE+W+S

11(1)The IfA must—E+W+S

(a)keep proper accounts and proper records in relation to its accounts, and

(b)prepare in respect of each financial year a statement of accounts.

(2)Each statement of accounts must comply with any directions given by the Secretary of State as to—

(a)the information to be contained in it,

(b)the manner in which such information is to be presented, or

(c)the methods and principles according to which the statement is to be prepared.

(3)The IfA must send a copy of each statement of accounts to—

(a)the Secretary of State, and

(b)the Comptroller and Auditor General,

before the end of the month of August following the financial year to which the statement relates.

(4)The Comptroller and Auditor General must—

(a)examine, certify and report on each statement of accounts, and

(b)send a copy of each report and certified statement to the Secretary of State.

(5)The Secretary of State must lay before Parliament—

(a)a copy of each statement sent to the Secretary of State under sub-paragraph (3), and

(b)a copy of each report and certified statement sent to the Secretary of State under sub-paragraph (4).

(6)“Financial year” has the meaning given by section ZA6(6) (annual and other reports).

Application of seal and proof of documentsE+W+S

12(1)The application of the IfA's seal must be authenticated by the signature of—E+W+S

(a)the chief executive, or

(b)a member of the IfA who has been authorised by the IfA for that purpose (whether generally or specifically).

(2)A document purporting to be duly executed under the IfA's seal, or signed on its behalf—

(a)is to be received in evidence, and

(b)is to be treated as executed or signed in that way, unless the contrary is proved.

FundingE+W+S

13(1)The Secretary of State may make grants to the IfA, or provide the IfA with any other kind of financial assistance, subject to any conditions that the Secretary of State considers appropriate.E+W+S

(2)The conditions may, in particular—

(a)enable the Secretary of State to require full or partial repayment of sums paid by the Secretary of State if any of the conditions are not complied with;

(b)require the payment of interest in respect of any period during which a sum due to the Secretary of State in accordance with any of the conditions remains unpaid.]

Section 40

Schedule 1E+W+SEmployee study and training: minor and consequential amendments

Employment Rights Act 1996 (c. 18)E+W+S

1E+W+SThe Employment Rights Act 1996 is amended as follows.

2E+W+SIn section 48 (right to present complaint of detriment to employment tribunal), in subsection (1) for “or 47E” substitute “ , 47E or 47F ”.

3E+W+SIn section 105 (unfair dismissal: redundancy), after subsection (7BA) insert—

“(7BB)This subsection applies if the reason (or, if more than one, the principal reason) for which the employee was selected for dismissal was one of those specified in section 104E.”

4E+W+SIn section 108(3) (exceptions to one year qualifying period of continuous employment for claims for unfair dismissal), after paragraph (gj) insert—

“(gk)section 104E applies,”.

5E+W+SIn section 194 (House of Lords staff), in subsection (2)(e) before “VII” insert “ 6A, ”.

6E+W+SIn section 195 (House of Commons staff), in subsection (2)(e) before “VII” insert “ 6A, ”.

7E+W+SIn section 199 (mariners)—

(a)in subsection (2), after “47E,” insert “ 47F, ”;

(b)in that subsection, before “VII” insert “ 6A, ”;

(c)in subsection (8)(d), before “VII” insert “ 6A, ”.

8E+W+SIn section 225 (how to calculate a week's pay in relation to rights during employment) after subsection (4A) insert—

“(4B)Where the calculation is for the purposes of section 63J, the calculation date is the day on which the section 63D application was made.”

9E+W+SIn section 227(1) (maximum amount of week's pay) before paragraph (za) insert—

“(zza)an award of compensation under section 63J(1)(b),”.

10E+W+SIn section 235(1) (other definitions) at the appropriate place insert—

““section 63D application” has the meaning given by section 63D(2);”.

11E+W+SIn section 236(3) (orders and regulations subject to affirmative Parliamentary procedure), after “47C,” insert “ 63D, 63F(7), ”.

Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52)E+W+S

12E+W+SThe Trade Union and Labour Relations (Consolidation) Act 1992 is amended as follows.

13E+W+SIn section 212A (arbitration scheme for unfair dismissal cases etc.), in subsection (1)—

(a)before paragraph (za) insert—

“(zza)section 63F(4), (5) or (6) or 63I(1)(b) of the Employment Rights Act 1996 (study and training);”;

(b)in paragraph (za) for “the Employment Rights Act 1996” substitute “ that Act ”.

14E+W+SIn section 237(1A)(a) (cases where employee may complain of unfair dismissal despite participation in unofficial industrial action)—

(a)for “or 104D” substitute “ , 104D or 104E ”;

(b)for “and pension scheme membership” substitute “ , pension scheme membership, and study and training ”.

15E+W+SIn section 238(2A)(a) (cases where employment tribunal to determine whether dismissal of an employee is unfair despite limitation in subsection (2) of that section)—

(a)for “or 104D” substitute “ , 104D or 104E ”;

(b)for “and pension scheme membership” substitute “ , pension scheme membership, and study and training ”.

Employment Tribunals Act 1996 (c. 17)E+W+S

16E+W+SIn section 18 of the Employment Tribunals Act 1996 (conciliation), in subsection (1)(d) after “28,” insert “ 63F(4), (5) or (6), 63I(1)(b), ”.

Section 59

Schedule 2E+W[F8Local authority] functions: minor and consequential amendments

Education Act 1996 (c. 56)E+W

1E+WThe Education Act 1996 is amended as follows.

2(1)Section 13 (general responsibility for education) is amended as follows.E+W

(2)In subsection (1) after “secondary education” insert “ and, in the case of a [F8local authority] in England, further education, ”.

(3)After subsection (2) insert—

“(3)The reference in subsection (1) to further education is to further education for persons—

“(a)who are over compulsory school age but under 19, or

(b)who are aged 19 or over but under 25 and are subject to learning difficulty assessment.”

(4)For the purposes of this Act a person is subject to learning difficulty assessment if—

(a)a learning difficulty assessment has been conducted in respect of the person, or

(b)arrangements for a learning difficulty assessment to be conducted in respect of the person have been made or are required to be made.

(5)In subsection (4), a “learning difficulty assessment” means an assessment under section 139A or 140 of the Learning and Skills Act 2000 (assessments relating to learning difficulties).

(6)For the purposes of subsection (1), persons who are subject to a detention order are to be regarded as part of the population of the area in which they are detained (and not any other area).”

3E+WFor section 13A substitute—

“13ADuty to promote high standards and fulfilment of potential

(1)A [F8local authority] in England must ensure that their relevant education functions and their relevant training functions are (so far as they are capable of being so exercised) exercised by the authority with a view to—

(a)promoting high standards,

(b)ensuring fair access to opportunity for education and training, and

(c)promoting the fulfilment of learning potential by every person to whom this subsection applies.

(2)Subsection (1) applies to the following—

(a)persons under the age of 20;

(b)persons aged 20 or over but under 25 who are subject to learning difficulty assessment.

(3)A [F8local authority] in Wales must ensure that their relevant education functions and their relevant training functions are (so far as they are capable of being so exercised) exercised by the authority with a view to—

(a)promoting high standards, and

(b)promoting the fulfilment of learning potential by every person to whom this subsection applies.

(4)Subsection (3) applies to persons under the age of 20.

(5)In this section—

• “education” and “training” have the same meanings as in section 15ZA;

• “relevant education function”, in relation to a [F8local authority] in England, means a function relating to the provision of education for—

  (a)

  persons of compulsory school age (whether at school or otherwise);

  (b)

  persons (whether at school or otherwise) who are over compulsory school age and to whom subsection (1) applies;

  (c)

  persons who are under compulsory school age and are registered as pupils at schools maintained by the authority;

• “relevant education function”, in relation to a [F8local authority] in Wales, means a function relating to the provision of education for—

  (a)

  persons of compulsory school age (whether at school or otherwise);

  (b)

  persons (whether at school or otherwise) who are over compulsory school age but under the age of 20;

  (c)

  persons who are under compulsory school age and are registered as pupils at schools maintained by the authority;

• “relevant training function” means a function relating to the provision of training.”

4(1)Section 15A (functions in respect of full-time education for 16 to 18 year olds) is amended as follows.E+W

(2)In subsection (1) after “[F8local authority]” insert “ in Wales ”.

(3)After subsection (1) insert—

“(1ZA)A [F8local authority] in England may secure the provision for their area of full-time or part-time education suitable to the requirements of persons from other areas who are over compulsory school age but have not attained the age of 19.”

(4)In subsection (1A) for “subsection (1)” substitute “ subsections (1) and (1ZA) ”.

(5)In subsection (3) for “section 13(5) and (6) of the Learning and Skills Act 2000” substitute “ section 15ZA(6) and (7) ”.

(6)In the title for “Functions in respect of full-time education” substitute “ Powers in respect of education and training ”.

5E+WIn section 15B (functions in respect of education for persons over 19) in subsection (3) for “section 13(5) and (6) of the Learning and Skills Act 2000” substitute “ section 15ZA(6) and (7) ”.

6(1)Section 312 (meaning of “special educational needs”, “learning difficulty” etc) is amended as follows.E+W

(2)In subsection (2) for the words from “subsection (3)” to “section 507B)” substitute “ subsections (3) and (3A) ”.

(3)After subsection (3) insert—

“(3A)Subsection (2) does not apply—

(a)for the purposes of sections 15ZA, 15A, 15B and 507B, or

(b)for the purposes of sections 18A and 562H (except for the purpose of determining, for the purposes of those sections, whether a child has special educational needs).”

7E+WIn section 496 (power of Secretary of State to prevent unreasonable exercise of functions) after subsection (4) (as inserted by section 221(1) of this Act) insert—

“(5)This section is subject to sections 508I and 509AE (complaints about transport arrangements etc).”

8E+WIn section 497 (general default powers of Secretary of State) after subsection (5) (as inserted by section 221(2) of this Act) insert—

“(6)This section is subject to sections 508I and 509AE (complaints about transport arrangements etc).”

9E+WIn section 497A (power of Secretary of State to secure proper performance of LEA's functions) at the end insert—

“(8)This section is subject to sections 508I and 509AE (complaints about transport arrangements etc).”

10(1)In the title of section 509AA, for “Provision” substitute “ [F9Local authorities] in England: provision ”.E+W

(2)For the title of section 509AB substitute “ [F9Local authorities] in England: further provision about transport policy statements for persons of sixth form age ”.

(3)In the title of section 509A, for “Travel” substitute “ [F9Local authorities] in England: travel ”.

F1011E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

12E+WIn section 579(1) (general interpretation)—

(a)in the definition of “prescribed”, after “ “prescribed”” insert “ (except in Chapter 5A) ”;

(b)in the definition of “regulations”, after “ “regulations”” insert “ (except in Chapter 5A) ”.

13E+WIn section 580 (index) insert the following entries at the appropriate places—

Education Act 2002 (c. 32)E+W

14E+WIn section 207(2) of the Education Act 2002 (recoupment: adjustment between [F9local authorities]), for “primary education and secondary education)” substitute “—

(a)primary education;

(b)secondary education;

(c)education provided under section 562C of the Education Act 1996 (detention of persons with special educational needs: appropriate special educational provision).”

Section 60

F11Schedule 3E+WThe Young People's Learning Agency for England

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

Section 81

F12Schedule 4E+WThe Chief Executive of Skills Funding

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

Section 87

Schedule 5E+WLearning aims for persons aged 19 or over

Part 1E+WQualifications to which Schedule applies

1E+WThis paragraph applies to the following qualifications—

(a)a specified qualification in literacy;

(b)a specified qualification in numeracy;

[F13(ba)a specified qualification in making use of information technology;]

(c)a specified vocational qualification at level 2.

2E+WThis paragraph applies to a specified qualification at level 3.

Part 2E+WPower to specify

Power to specifyE+W

3(1)In paragraphs 1 and 2, a reference to a specified qualification is to a regulated qualification which is specified, or which is of a description specified, in regulations.E+W

(2)The regulations may specify qualifications, or descriptions of qualifications, by reference to an assessment made by the [F14Secretary of State] of the level of attainment demonstrated by a qualification; and for that purpose the regulations may confer functions (which may include the exercise of a discretion) on the [F14Secretary of State] .

(3)The regulations may make provision which applies subject to exceptions specified in the regulations.

(4)In sub-paragraph (1) “regulated qualification” has the meaning given by section 130.

Power to specify qualification in literacyE+W

4E+WThe level of attainment in literacy demonstrated by a specified qualification in literacy must be the level which, in the opinion of the Secretary of State, is the minimum required in that respect by persons aged 19 or over in order to be able to operate effectively in day-to-day life.

Power to specify qualification in numeracyE+W

5E+WThe level of attainment in numeracy demonstrated by a specified qualification in numeracy must be the level which, in the opinion of the Secretary of State, is the minimum required in that respect by persons aged 19 or over in order to be able to operate effectively in day-to-day life.

[F15Power to specify qualification in information technologyE+W

5AE+WThe level of attainment demonstrated by a specified qualification in making use of information technology must be the level which, in the opinion of the Secretary of State, is the minimum required in that respect by persons aged 19 or over in order to be able to operate effectively in day-to-day life.]

Level 2E+W

6E+WLevel 2 is the level of attainment (in terms of breadth and depth) which, in the opinion of the Secretary of State, is demonstrated by the General Certificate of Secondary Education in five subjects, each at Grade C or above.

Level 3E+W

7E+WLevel 3 is the level of attainment (in terms of breadth and depth) which, in the opinion of the Secretary of State, is demonstrated by the General Certificate of Education at the advanced level in two subjects.

Advice and informationE+W

8E+WIn forming an opinion for the purposes of this Schedule, the Secretary of State may have regard, in particular, to advice or information relating to qualifications which is provided by—

F16(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)F17... or

(c)the Office of Qualifications and Examinations Regulation.

Power to amendE+W

9(1)The Secretary of State may by order amend this Schedule so as to—E+W

(a)add a category of qualification to Part 1;

(b)remove a category of qualification for the time being referred to in Part 1;

(c)substitute a different qualification for a qualification for the time being referred to in Part 2;

(d)make consequential amendments.

(2)The power conferred by sub-paragraph (1)(b) includes power to remove every category of qualification to which a paragraph of Part 1 for the time being applies.

Section 123

Schedule 6E+WDissolution of the Learning and Skills Council for England: minor and consequential amendments

Race Relations Act 1976 (c. 74)E+W

F181E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

3F19(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

F20(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F21(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F22(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

F23(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

F24(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F25(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

F26(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F27(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 ”;

F28(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)In subsection (6)—

F29(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

F30(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F31(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F328E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F329E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3210E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3211E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

F33(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

Education Act 1996 (c. 56)E+W

13E+WIn section 13(2)(a) (general responsibility for education) for “Learning and Skills Council for England” substitute “ Chief Executive of Skills Funding ”.

Learning and Skills Act 2000 (c. 21)E+W

14E+WThe Learning and Skills Act 2000 is amended as follows.

15E+WOmit section 1 (the Learning and Skills Council for England).

16E+WOmit section 2 (duties of Learning and Skills Council: education and training for persons aged 16 to 19).

17E+WOmit section 3 (duties of Learning and Skills Council: education and training for persons over 19).

18E+WOmit section 4 (encouragement of education and training).

19E+WOmit sections 4A to 4C (learning aims for persons aged 19 and over).

20E+WOmit section 5 (provision of financial resources).

21E+WOmit section 6 (financial resources: conditions).

22E+WOmit section 7 (funding of school sixth forms).

23E+WOmit section 8 (links between education and training and employment).

24E+WOmit section 9 (assessments and means tests).

25E+WOmit section 10 (qualifying accounts and arrangements).

26E+WOmit section 11 (further education: governors).

27E+WOmit section 11A (support schemes relating to education and training for persons aged 10 to 15).

28E+WOmit section 12 (research and information).

29E+WOmit section 13 (persons with learning difficulties).

30E+WOmit section 14 (equality of opportunity).

31E+WOmit section 14A (consultation).

32E+WOmit section 15 (plans).

33E+WOmit section 16 (strategy).

34E+WOmit section 17 (use of information by Learning and Skills Council).

35E+WOmit section 18 (supplementary functions).

36E+WOmit sections 18A to 18C (regional councils).

37E+WOmit sections 24A to 24C (strategies for functions of the Learning and Skills Council).

38E+WOmit section 25 (directions).

39E+WOmit section 26 (committees).

40E+WOmit section 27 (grants to Learning and Skills Council).

41E+WOmit section 28 (annual report).

42E+WOmit section 29 (Council's financial year).

43E+WOmit section 97 (external qualifications: persons over 19).

44(1)Section 98 (approved qualifications: England) is amended as follows.E+W

(2)In subsection (1), for “sections 96 and 97 in their application” substitute “ section 96 in its application ”.

(3)Omit subsection (2A).

F3445E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

46E+WIn section 100 (authorised bodies) for “sections 96 and 97 in their application”, in both places where the words occur, substitute “ section 96 in its application ”.

47E+WIn section 101 (enforcement: England) in subsection (1)—

(a)for “sections 96 and 97 in their application” substitute “ section 96 in its application ”;

(b)after paragraph (a) insert “ or ”;

(c)omit paragraph (c) (and the word “or” before it).

F3548E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

49(1)Section 113A (restructuring of sixth form education) is amended as follows.E+W

(2)Omit subsections (1), (4)(aa), (5), (7), (8) and (9)(f).

(3)In subsection (11)—

(a)in the definition of “regulations” omit paragraph (a) (and the “and” after it);

(b)in the definition of “relevant authority” omit paragraph (a) (and the “and” after it).

50E+WOmit Schedule 1 (the Learning and Skills Council for England).

51E+WOmit Schedule 1A (learning aims for persons aged 19 and over).

52E+WOmit Schedule 3 (committees (England)).

53(1)Schedule 7A (implementation of proposals for restructuring sixth form education) is amended as follows.E+W

(2)In paragraph 1, omit “approved or” and “approval or”, wherever occurring.

(3)In paragraph 3(4), omit paragraph (a).

(4)Omit paragraphs 5(1), 6(1) and 7(1) and (2).

Education Act 2002 (c. 32)E+W

F3654E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3655E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3656E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Education Act 2005 (c. 18)E+W

57E+WIn section 108 of the Education Act 2005 (supply of information: education maintenance allowances), in subsection (3)—

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

F37(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)in paragraph (f) for the words from “the Secretary of State” to the end substitute “ a person within paragraphs (a) to (e) ”.

Education and Inspections Act 2006 (c. 40)E+W

58E+WThe Education and Inspections Act 2006 is amended as follows.

59E+WSection 75 (education and training to satisfy entitlements) ceases to have effect.

Further Education and Training Act 2007 (c. 25)E+W

60E+WThe Further Education and Training Act 2007 is amended as follows.

61E+WSections 11 to 13 (provision by Learning and Skills Council for England of services and assistance in respect of employment and training) cease to have effect.

62E+WSections 14 to 16 (transfer of functions of Secretary of State in relation to further education corporations to the Learning and Skills Council for England) cease to have effect.

Section 124

Schedule 7E+WLearning and Skills Council for England: transfer schemes

Staff transfer schemesE+W

1E+WThe Secretary of State may make a scheme (a “staff transfer scheme”) providing for the transfer of designated employees of the LSC—

(a)to a permitted transferee, or

(b)so as to become employed in the civil service of the state.

2(1)This paragraph applies where a staff transfer scheme provides for the transfer of an employee of the LSC to a permitted transferee or so as to become employed in the civil service of the state.E+W

(2)The scheme must provide for the TUPE regulations to apply (to the extent that they would not otherwise apply) as if—

(a)any transfer of functions (however effected and described) from the LSC to a permitted transferee or the Crown were a transfer of an undertaking;

(b)the transfer of the undertaking took effect on a designated date;

(c)the transfer of the undertaking were a relevant transfer for the purposes of the regulations;

(d)the employee had for those purposes been assigned to an organised grouping of resources or employees that was subject to the relevant transfer.

3(1)This paragraph applies where a staff transfer scheme provides for a transfer of an employee of the LSC so as to become employed in the civil service of the state on terms which do not constitute a contract of employment.E+W

(2)The scheme must provide for the TUPE regulations to apply with the necessary modifications.

4E+WA staff transfer scheme may provide for the transfer of an employee of the LSC to a permitted transferee or so as to become employed in the civil service of the state despite any provisions, of whatever nature, which would otherwise prevent the employee from being so transferred.

Property transfer schemesE+W

5(1)The Secretary of State may make a scheme (a “property transfer scheme”) providing for the transfer from the LSC of designated property, rights or liabilities of the LSC to—E+W

(a)a permitted transferee,

(b)the Secretary of State, or

(c)the Chief Executive of Skills Funding.

(2)A property transfer scheme may—

(a)create rights, or impose liabilities, in relation to property or rights transferred by virtue of the scheme;

(b)provide for anything done by or in relation to the LSC in connection with any property, rights or liabilities transferred by the scheme to be treated as done, or to be continued, by or in relation to the person to whom the property, rights or liabilities in question are transferred;

(c)apportion property, rights and liabilities;

(d)make provision about the continuation of legal proceedings.

(3)The things that may be transferred by a property transfer scheme include—

(a)property, rights and liabilities that could not otherwise be transferred;

(b)property acquired, and rights and liabilities arising, after the making of the scheme.

ContinuityE+W

6E+WA transfer by virtue of a staff transfer scheme or a property transfer scheme does not affect the validity of anything done by or in relation to the LSC before the transfer takes effect.

Supplementary provision etc.E+W

7E+WA staff transfer scheme or a property transfer scheme may include supplementary, incidental, transitional and consequential provision.

InterpretationE+W

8E+WIn this Schedule—

• “designated”, in relation to a staff transfer scheme or a property transfer scheme, means specified in, or determined in accordance with, the scheme;

• “the LSC” means the Learning and Skills Council for England;

• “permitted transferee” means—

  (a)

  a [F8local authority] in England;

  (b)

  the Young People's Learning Agency for England;

  (c)

  any other person specified in an order made by the Secretary of State;

• “the TUPE regulations” means the Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246).

Section 125

Schedule 8E+WSixth form college sector

1E+WThe Further and Higher Education Act 1992 (c. 13) is amended as follows.

2E+WIn section 17(1) (meaning of “further education corporation”) after “by virtue of section” insert “ 33D or ”.

3E+WAfter section 33 insert—

“Sixth form college corporations: EnglandE+W

33AInitial designation of existing bodies corporate as sixth form college corporations

(1)The Secretary of State may by order designate a body corporate within subsection (2) as a sixth form college corporation, for the purpose of conducting an educational institution specified in the order.

(2)A body corporate is within this subsection if it is—

(a)a further education corporation established in respect of an institution in England, or

(b)a body corporate established by an order under section 143(4) of the Learning and Skills Act 2000 in respect of an institution in England.

(3)On the date specified in the order—

(a)a body corporate within subsection (2)(a) ceases to be a further education corporation and becomes a sixth form college corporation;

(b)a body corporate within subsection (2)(b) ceases to be subject to the order under section 143(4) of the Learning and Skills Act 2000 establishing it and becomes a sixth form college corporation;

(c)in the case of a body corporate within subsection (2)(b), a designation under section 28 which has effect in relation to the relevant sixth form college ceases to have effect.

(4)An order under subsection (1) may—

(a)make provision for the continuity of the body corporate, including provision for the continuation of the instrument and articles of government of the body and the relevant sixth form college;

(b)make provision as to the initial name of the corporation as a sixth form college corporation.

(5)The power conferred by subsection (1)—

(a)is exercisable only once;

(b)is not exercisable after the date specified in an order made by the Secretary of State.

33BSubsequent designation of existing bodies corporate as sixth form college corporations

(1)The Secretary of State may by order designate a body corporate within subsection (2) as a sixth form college corporation, for the purpose of conducting an educational institution specified in the order.

(2)A body corporate is within this subsection if it is—

(a)a further education corporation established in respect of an institution in England, or

(b)a body corporate established by an order under section 143(4) of the Learning and Skills Act 2000 in respect of an institution in England.

(3)An order under subsection (1) may be made only if—

(a)an application for the order has been made by the governing body of the institution mentioned in subsection (2)(a) or (b), and

(b)the institution is one within subsection (4).

(4)An institution is within this subsection if it appears to the Secretary of State that on the date on which the application is made at least 80% of its total enrolment number will be persons over compulsory school age but under 19.

(5)The total enrolment number of an institution is to be calculated in accordance with paragraph 1(2) of Schedule 3.

(6)On the date specified in the order—

(a)a body corporate within subsection (2)(a) ceases to be a further education corporation and becomes a sixth form college corporation;

(b)a body corporate within subsection (2)(b) ceases to be subject to the order under section 143(4) of the Learning and Skills Act 2000 establishing it and becomes a sixth form college corporation;

(c)in the case of a body corporate within subsection (2)(b), a designation under section 28 which has effect in relation to the relevant sixth form college ceases to have effect.

(7)An order under subsection (1) may—

(a)make provision for the continuity of the body corporate, including provision for the continuation of the instrument and articles of government of the body and the relevant sixth form college;

(b)make provision as to the initial name of the corporation as a sixth form college corporation.

(8)The power conferred by subsection (1) is exercisable only after the date specified in an order under section 33A(5)(b).

33CEstablishment of new bodies corporate as sixth form college corporations

(1)The Secretary of State may by order make provision for the establishment of a body corporate as a sixth form college corporation, for the purpose of establishing and conducting an educational institution specified in the order.

(2)An order under subsection (1) may be made only if—

(a)a proposal relating to the order has been made by the responsible [F8local authority] and it appears to the Secretary of State that the requirements in subsection (3) have been met in relation to the proposal, and

(b)it appears to the Secretary of State that the institution will when established be one within subsection (4).

(3)The requirements are that—

(a)the authority have published the proposal by the prescribed time and in the prescribed manner;

(b)the proposal as published contained prescribed information;

(c)the authority have considered any representations about the proposal made to them within the prescribed period.

(4)An institution is within this subsection if—

(a)the institution is in England, and

(b)on the date on which it is proposed to be established, at least 80% of its total enrolment number will be persons over compulsory school age but under 19.

(5)The total enrolment number of an institution is to be calculated in accordance with paragraph 1(2) of Schedule 3.

(6)An order under subsection (1)—

(a)must provide for the institution to be established and conducted by the body corporate as from the date specified in the order;

(b)may make provision as to the initial name of the corporation as a sixth form college corporation.

33DConversion of sixth form college corporations into further education corporations

(1)The Secretary of State may by order convert a sixth form college corporation into a further education corporation.

(2)An order under subsection (1) may be made only if—

(a)an application for the order has been made by the governing body of the relevant sixth form college, or

(b)the Secretary of State is satisfied that it is no longer appropriate for the body to be a sixth form college corporation.

(3)An application under subsection (2)(a) may not be made during the period of two years beginning with the date on which the body's designation or establishment as a sixth form college corporation takes effect.

(4)The Secretary of State must consult the governing body of the relevant sixth form college before making an order under subsection (1) in a case within subsection (2)(b).

(5)On the date specified in the order, the body ceases to be a sixth form college corporation and becomes a further education corporation.

(6)An order under subsection (1) may—

(a)make provision for the continuity of the body corporate, including provision for the continuation of the instrument and articles of government of the body and the relevant sixth form college;

(b)make provision as to the initial name of the corporation as a further education corporation.

33EPrincipal powers of a sixth form college corporation

(1)A sixth form college corporation may do any of the following—

(a)provide further and higher education,

(b)provide secondary education suitable to the requirements of persons who have attained the age of 14,

(c)provide education which is secondary education by virtue of section 2(2B) of the Education Act 1996,

(d)participate in the provision of secondary education at a school,

(e)supply goods or services in connection with their provision of education.

(2)The powers conferred by subsection (1) are referred to in section 33F as the corporation's principal powers.

(3)A sixth form college corporation may not provide education of a kind specified in subsection (1)(b), (c) or (d) unless they have consulted such [F9local authorities] as they consider appropriate.

(4)For the purposes of subsection (1), goods are supplied in connection with the provision of education by a sixth form college corporation if they result from—

(a)their provision of education or anything done by them under this Act for the purpose of or in connection with their provision of education,

(b)the use of their facilities or the expertise of persons employed by them in the fields in which they are so employed, or

(c)ideas of a person employed by them, or one of their students, arising out of their provision of education.

(5)For the purposes of subsection (1), services are supplied in connection with the provision of education by a sixth form college corporation if—

(a)they result from their provision of education or anything done by them under this Act for the purpose of or in connection with their provision of education,

(b)they are provided by making available their facilities or the expertise of persons employed by them in the fields in which they are so employed, or

(c)they result from ideas of a person employed by them, or of one of their students, arising out of their provision of education.

33FSupplementary powers of a sixth form college corporation

(1)A sixth form college corporation may do anything (including in particular the things referred to in subsections (2) to (6)) which appears to the corporation to be necessary or expedient for the purpose of or in connection with the exercise of any of their principal powers.

(2)A sixth form college corporation may conduct an educational establishment for the purpose of carrying on activities undertaken in the exercise of their powers to provide further or higher education.

(3)In particular, a sixth form college corporation may conduct the relevant sixth form college as from the date specified in the order designating or establishing the corporation as a sixth form college corporation.

(4)A sixth form college corporation may provide facilities of any description appearing to the corporation to be necessary or desirable for the purposes of or in connection with carrying on any activities undertaken in the exercise of their principal powers.

(5)The facilities include—

(a)boarding accommodation and recreational facilities for students and staff, and

(b)facilities to meet the needs of students with learning difficulties.

(6)A sixth form college corporation may—

(a)acquire and dispose of land and other property,

(b)enter into contracts, including in particular—

(i)contracts for the employment of teachers and other staff for the purposes of or in connection with carrying on any activities undertaken in the exercise of their principal powers, and

(ii)contracts with respect to the carrying on by the corporation of any such activities,

(c)form, participate in forming or invest in a company,

(d)form, participate in forming or otherwise become a member of a charitable incorporated organisation (within the meaning of section 69A of the Charities Act 1993),

(e)borrow such sums as the corporation think fit for the purposes of—

(i)carrying on any activities they have power to carry on, or

(ii)meeting any liability transferred to them under sections 23 to 27,

(f)in connection with their borrowing, grant any mortgage, charge or other security in respect of any land or other property of the corporation,

(g)invest any sums not immediately required for the purpose of carrying on any activities they have power to carry on,

(h)accept gifts of money, land or other property and apply it, or hold and administer it on trust for, any of those purposes,

(i)do anything incidental to the conduct of an educational institution providing further or higher education, including founding scholarships or exhibitions, making grants and giving prizes.

(7)The powers conferred by subsection (6) are subject to section 33G.

(8)For the purposes of this section a person has a learning difficulty if—

(a)the person has a significantly greater difficulty in learning than the majority of persons of the same age, or

(b)the person has a disability which either prevents or hinders the person from making use of facilities of a kind generally provided by institutions within the further education sector for persons of the same age.

(9)But a person is not to be taken to have a learning difficulty solely because the language (or form of language) in which the person is or will be taught is different from a language (or form of language) which has at any time been spoken in the person's home.

(10)A reference in this section or section 33G to investing in a company includes a reference to becoming a member of the company and to investing in it by the acquisition of any assets, securities or rights or otherwise.

(11)A sixth form college corporation may provide advice or assistance to any other person where it appears to the corporation to be appropriate for them to do so for the purpose of or in connection with the provision of education by the other person.

33GFurther provision about supplementary powers

(1)The power conferred by section 33F(6)(c) may not be exercised for the purpose of—

(a)conducting an educational institution, or

(b)investing in a company conducting an educational institution.

(2)The power conferred by section 33F(6)(d) may not be exercised for the purpose of—

(a)conducting an educational institution, or

(b)becoming a member of a charitable incorporated organisation conducting an educational institution.

(3)But a restriction on the exercise of a power imposed by subsection (1) or (2) does not apply to the extent that the responsible [F8local authority] consent to the exercise of the power in a way which does not comply with the restriction.

(4)Neither the power conferred by section 33F(6)(c) nor the power conferred by section 33F(6)(d) may be exercised for the purposes of the provision of education if the provision is secured (wholly or partly) by financial resources provided by a relevant funding body.

(5)But subsection (4) does not apply to the extent that the relevant funding body consents to the exercise of the power in question in a way which does not comply with the restriction in that subsection.

(6)The power conferred on a sixth form college corporation by section 33F(6)(e) to borrow money may not be exercised without the consent of the responsible [F8local authority].

(7)Consent under subsection (6) may be given for particular borrowing or for borrowing of a particular class.

(8)In this section “relevant funding body” means a [F8local authority], the YPLA or the Chief Executive of Skills Funding.

33HDuty in relation to promotion of well-being of local area

(1)In exercising their functions under sections 33E and 33F, a sixth form college corporation must have regard, amongst other things, to the objective of promoting the economic and social well-being of the local area.

(2)In subsection (1)—

(a)“the local area”, in relation to a sixth form college corporation, means the locality of the relevant sixth form college, and

(b)a reference to the well-being of an area includes a reference to the well-being of people who live or work in that area.

33IConstitution of sixth form college corporation and conduct of sixth form college

(1)For every sixth form college corporation there is to be—

(a)an instrument providing for the constitution of the corporation (to be known as the instrument of government), and

(b)an instrument in accordance with which the corporation, and the relevant sixth form college, are to be conducted (to be known as articles of government).

(2)Instruments of government and articles of government—

(a)must comply with the requirements of Schedule 4, and

(b)may make any provision authorised to be made by that Schedule and such other provision as may be necessary or desirable.

(3)Subsection (2) is subject to section 33J.

(4)The validity of any proceedings of a sixth form college corporation, or of any committee of the corporation, is not affected by—

(a)a vacancy among the members, or

(b)a defect in the appointment or nomination of a member.

(5)Subsection (6) applies to a document purporting to be an instrument made or issued by or on behalf of a sixth form college corporation and to be—

(a)duly executed under the seal of the corporation, or

(b)signed or executed by a person authorised by the corporation to act in that behalf.

(6)The document is to be received in evidence and treated, without further proof, as being made or issued by or on behalf of the corporation unless the contrary is shown.

33JSpecial provision for certain institutions

(1)Despite anything in section 33I, the instrument of government of a sixth form college corporation to which this section applies must provide—

(a)for the governing body of the relevant sixth form college to include persons appointed for the purpose of securing so far as practicable that the established character of the sixth form college is preserved and developed and, in particular, that the sixth form college is conducted in accordance with any trust deed relating to it, and

(b)for the majority of members of the governing body of the relevant sixth form college to be such governors.

(2)This section applies to a sixth form college corporation in respect of which the relevant sixth form college is specified, or falls within a class specified, by the Secretary of State by order.

(3)The reference in subsection (1)(a) to the established character of a sixth form college is, in relation to a sixth form college established shortly before or at the same time as the designation or establishment of the sixth form college corporation in respect of which it is the relevant sixth form college, a reference to the character which the sixth form college is intended to have on its establishment.

33KInstrument and articles of new sixth form college corporations

(1)The first instrument of government and articles of government of a sixth form college corporation established under section 33C are to be made by the YPLA.

(2)Before making an instrument or articles for a sixth form college corporation under this section the YPLA must consult the corporation.

33LChanges to instruments and articles

(1)The YPLA may—

(a)if a sixth form college corporation submits a draft of an instrument of government to have effect in place of their existing instrument, by order make a new instrument of government in terms of the draft or in such terms as it thinks fit, and

(b)if a sixth form college corporation submits draft modifications of an instrument made under paragraph (a), by order modify the instrument in terms of the draft or in such terms as it thinks fit.

(2)The YPLA may not make a new instrument otherwise than in terms of the draft, or modify the instrument otherwise than in terms of the draft, unless it has consulted the corporation.

(3)The YPLA may by order modify, replace or revoke an instrument of government or articles of government of a sixth form college corporation.

(4)An order under subsection (3)—

(a)may relate to all sixth form college corporations, to a category of sixth form college corporations specified in the order or to a sixth form college corporation specified in the order, but

(b)may not be made unless the YPLA has consulted each sixth form college corporation to which the order relates.

(5)A sixth form college corporation may, with the consent of the YPLA—

(a)make new articles of government in place of their existing articles, or

(b)modify their existing articles.

(6)The YPLA may by a direction under this section require sixth form college corporations, a class of sixth form college corporations specified in the direction or any particular sixth form college corporation specified in the direction—

(a)to modify, replace or revoke their articles of government in any manner specified in the direction, or

(b)to secure that any rules or bye-laws made in pursuance of their articles of government are modified, replaced or revoked in any manner specified in the direction.

(7)Before giving a direction under this section the YPLA must consult the sixth form college corporation or (as the case may be) each sixth form college corporation to which the direction applies.

33MCharitable status of a sixth form college corporation

A sixth form college corporation is a charity within the meaning of the Charities Act 1993.

33NDissolution of sixth form college corporations

(1)Subject to the following provisions of this section, the Secretary of State may by order provide for—

(a)the dissolution of a sixth form college corporation, and

(b)the transfer to a person mentioned in subsection (4) or (6) of property, rights and liabilities of the corporation.

(2)An order under subsection (1) may be made only if a proposal relating to the order has been made by the responsible [F8local authority] and it appears to the Secretary of State that the requirements in subsection (3) have been met in relation to the proposal.

(3)The requirements are that—

(a)the authority have published the proposal by the prescribed time and in the prescribed manner;

(b)the proposal as published contained prescribed information;

(c)the authority have considered any representations about the proposal made to them within the prescribed period.

(4)Property, rights and liabilities may (subject to subsection (5)) be transferred to—

(a)a person appearing to the Secretary of State to be wholly or mainly engaged in the provision of educational facilities or services of any description, or

(b)a body corporate established for purposes which include the provision of such facilities or services.

(5)Property, rights and liabilities may be transferred to a person or body under subsection (4) only with the consent of the person or body.

(6)Property, rights and liabilities may be transferred to the responsible [F8local authority].

(7)Where the recipient of a transfer under an order under this section is not a charity established for charitable purposes which are exclusively educational purposes, any property transferred must be transferred on trust to be used for charitable purposes which are exclusively educational purposes.

(8)An order under this section may make provision about the transfer of staff (including provision applying section 26 with such modifications as the Secretary of State may consider necessary or desirable).

(9)Before making an order under this section in respect of a sixth form college corporation the Secretary of State must consult—

(a)the corporation, and

(b)the YPLA.

(10)In this section “charity” and “charitable purposes” have the same meanings as in the Charities Act 1993.”

4E+WIn section 34(1) (making additional property available for use) after “institution within the further education sector” insert “ other than a sixth form college ”.

5E+WIn section 52A(1) (duty to safeguard pupils receiving secondary education) after “by virtue of section 18(1)(aa) or (ab) of this Act,” insert—

“(aa)by a sixth form college corporation by virtue of section 33E(1)(b) or (c) of this Act,”.

6E+WIn section 56A(1) (intervention: England) after “institution in England within the further education sector” insert “ other than a sixth form college ”.

F387E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8E+WAfter section 56D (inserted by Schedule 6) insert—

“56EIntervention by [F9local authorities]: sixth form colleges

(1)This section applies in relation to a sixth form college if the responsible [F8local authority] are satisfied as to one or more the matters listed in subsection (2) in relation to the sixth form college; and it is immaterial whether or not a complaint is made by any person.

(2)The matters are—

(a)that the sixth form college's affairs have been or are being mismanaged by its governing body;

(b)that the sixth form college's governing body have failed to discharge any duty imposed on them by or for the purposes of any Act;

(c)that the sixth form college's governing body have acted or are proposing to act unreasonably with respect to the exercise of any power conferred or the performance of any duty imposed by or under any Act;

(d)that the sixth form college is performing significantly less well than it might in all the circumstances reasonably be expected to perform, or is failing or likely to fail to give an accepted standard of education or training.

(3)If this section applies the authority may do one or more of the things listed in subsection (6).

(4)Before doing one or more of those things, the authority must give the Secretary of State and the YPLA a notice stating—

(a)the matter or matters listed in subsection (2) as to which the authority are satisfied;

(b)the reasons why the authority are so satisfied;

(c)the thing or things that the authority propose to do;

(d)the reasons why the authority propose to do that thing or those things.

(5)If the authority do one or more of those things, the authority must at the same time give the sixth form college's governing body a notice stating—

(a)the matter or matters listed in subsection (2) as to which the authority are satisfied;

(b)the reasons why the authority have decided to do that thing or those things.

(6)The authority may—

(a)remove all or any of the members of the sixth form college's governing body;

(b)appoint new members of that body if there are vacancies (however arising);

(c)give to that body such directions as the authority think expedient as to the exercise of the body's powers and performance of the body's duties.

(7)The directions that may be given to a governing body under this section include a direction requiring a governing body to make collaboration arrangements (within the meaning of section 166 of the Education and Inspections Act 2006) with such bodies and on such terms as may be specified in the direction.

(8)Directions may be given to a governing body under this section despite any enactment making the exercise of a power or performance of a duty contingent on the body's opinion.

(9)The authority may not direct a governing body under subsection (6)(c) to dismiss a member of staff.

(10)But subsection (9) does not prevent the authority, where the authority consider that it may be appropriate to dismiss a member of staff whom the governing body have power under the governing body's articles of government to dismiss, from giving the governing body such directions under this section as are necessary to secure that the procedures applicable to the consideration of the case for dismissal of that member of staff are given effect to in relation to that member of staff.

(11)A governing body must comply with any directions given to them under this section.

(12)An appointment of a member of a governing body under this section shall have effect as if made in accordance with the governing body's instrument of government and articles of government.

56FAppointment by [F9local authorities] of members of sixth form college governing body

(1)The responsible [F8local authority] for a sixth form college may appoint a person to be a member of the governing body of the sixth form college.

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

(3)Before exercising the power conferred by subsection (1) in relation to a governing body, the responsible [F8local authority] must consult the governing body.

(4)A member of the governing body of a sixth form college 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 responsible [F8local authority] under this section.

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

56GIntervention policy: sixth form colleges

(1)The YPLA must—

(a)prepare a statement of the policy to be followed by [F9local authorities] with respect to the exercise of their powers under section 56E,

(b)keep the statement under review, and

(c)if it considers it appropriate in consequence of a review, prepare a revised statement.

(2)When preparing a statement or revised statement, the YPLA must—

(a)undertake such consultation as it thinks appropriate;

(b)consider any representations made to it about the policy to be set out in the statement.

(3)Guidance given to the YPLA under section 76 of the Apprenticeships, Skills, Children and Learning Act 2009 in connection with the performance of its functions under this section may, in particular, relate to the form and content of the policy to be set out in a statement or revised statement.

(4)The YPLA must send a copy of the statement or revised statement prepared by it to the Secretary of State.

(5)If the Secretary of State approves it the Secretary of State must lay a copy of it before each House of Parliament.

(6)The YPLA must publish—

(a)the statement of its policy approved by the Secretary of State;

(b)where the Secretary of State approves a revised statement of its policy, the revised statement.

(7)A [F8local authority] must have regard to the statement most recently published under subsection (6) in exercising, or deciding whether to exercise, any of their powers under section 56E in relation to a sixth form college.

56HIntervention by YPLA

(1)This section applies if—

(a)the YPLA proposes to secure the provision of education or training at a sixth form college in the exercise of the power conferred by section 66 of the Apprenticeships, Skills, Children and Learning Act 2009, and

(b)the YPLA is satisfied—

(i)as to one or more of the matters listed in section 56E(2) in relation to the sixth form college, and

(ii)that the circumstances are such that it would be appropriate for the responsible [F8local authority] to do one or more of the things listed in section 56E(6) in relation to the sixth form college.

(2)If this section applies the YPLA may do one or more of the things listed in subsection (5).

(3)Before doing one or more of those things, the YPLA must give the Secretary of State a notice stating—

(a)the matter or matters listed in section 56E(2) as to which the YPLA is satisfied;

(b)the reasons why the YPLA is so satisfied;

(c)the thing or things that the YPLA proposes to do;

(d)the reasons why the YPLA proposes to do that thing or those things.

(4)If the YPLA does one or more of those things, it must at the same time give the sixth form college's governing body a notice stating—

(a)the matter or matters listed in section 56E(2) as to which the YPLA is satisfied;

(b)the reasons why the YPLA has decided to do that thing or those things.

(5)The YPLA may—

(a)remove all or any of the members of the sixth form college's governing body;

(b)appoint new members of that body if there are vacancies (however arising);

(c)give to that body such directions as the YPLA thinks expedient as to the exercise of the body's powers and performance of the body's duties.

(6)The directions that may be given to a governing body under this section include a direction requiring a governing body to make collaboration arrangements (within the meaning of section 166 of the Education and Inspections Act 2006) with such bodies and on such terms as may be specified in the direction.

(7)Directions may be given to a governing body under this section despite any enactment making the exercise of a power or performance of a duty contingent on the body's opinion.

(8)The YPLA may not direct a governing body under subsection (5)(c) to dismiss a member of staff.

(9)But subsection (8) does not prevent the YPLA, where it considers that it may be appropriate to dismiss a member of staff whom the governing body have power to dismiss under their articles of government, from giving the governing body such directions under this section as are necessary to secure that the procedures applicable to the consideration of the case for dismissal of that member of staff are given effect to in relation to that member of staff.

(10)A governing body must comply with any directions given to them under this section.

(11)An appointment of a member of a governing body under this section shall have effect as if made in accordance with the governing body's instrument of government and articles of government.

56IAppointment by YPLA of members of sixth form college governing body

(1)The YPLA may appoint a person to be a member of the governing body of a sixth form college.

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

(3)Before exercising the power conferred by subsection (1) in relation to a governing body, the YPLA must consult the governing body.

(4)A member of the governing body of a sixth form college 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 YPLA under this section.

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

56JNotification by Chief Executive of Skills Funding of possible grounds for intervention

(1)This section applies if the Chief Executive of Skills Funding is of the view that any of the matters listed in section 56E(2) applies in relation to a sixth form college.

(2)The Chief Executive must notify the responsible [F8local authority] and the YPLA of that view.

(3)The responsible [F8local authority] must have regard to the Chief Executive's view in deciding whether to exercise their powers under section 56E.

(4)The YPLA must have regard to the Chief Executive's view in deciding whether to exercise its powers under section 56H.”

9E+WIn section 88(1) (stamp duty) after “32,” insert “ 33N, ”.

10E+WIn section 88A(1) (stamp duty land tax) after “32” insert “ , 33N ”.

11(1)Section 89 (orders, regulations and directions) is amended as follows.E+W

(2)In subsection (2)—

(a)after “30(2)(b),” insert “ 33A(5)(b), ”;

(b)after “those sections” insert “ or section 33L ”.

F39(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)For subsection (5) substitute—

“(5)Section 570 of the Education Act 1996 (revocation and variation) applies to directions given by any person or body under this Act as it applies to directions given by the Secretary of State or a [F8local authority] under that Act.”

12(1)Section 90(1) (interpretation) is amended as follows.E+W

(2)In paragraph (a) of the definition of “governing body” after “further education corporation” insert “ , a sixth form college corporation ”.

(3)At the end insert—

““the relevant sixth form college”, in relation to a sixth form college corporation, means the educational institution specified in the order under this Act designating the corporation as a sixth form college corporation or establishing it as such,

“the responsible [F8local authority]”—

(a)in relation to a proposal relating to the establishment of a sixth form college corporation, means the [F8local authority] in whose area the relevant sixth form college, or its main site, is proposed to be situated;

(b)in relation to a sixth form college corporation, means the [F8local authority] in whose area the relevant sixth form college, or its main site, is situated;

(c)in relation to a sixth form college, means the [F8local authority] in whose area the sixth form college, or its main site, is situated,

“sixth form college corporation” means a body corporate—

(a)designated as a sixth form college corporation under section 33A or 33B, or

(b)established under section 33C,

“the YPLA” means the Young People's Learning Agency for England.”

(4)After subsection (2) insert—

“(2ZA)The Secretary of State may give guidance on which of a sixth form college's sites is to be taken to be its main site for the purposes of the definition of “the responsible [F8local authority]” in subsection (1).”

13(1)Section 91 (interpretation of Education Acts) is amended as follows.E+W

(2)In subsection (3) (institutions within the further education sector) after paragraph (b) insert “and

(c)sixth form colleges,”

(3)After subsection (3) insert—

“(3A)References to sixth form colleges are to institutions conducted by sixth form college corporations.”

14E+WIn section 92 (index) at the appropriate places insert—

15(1)Schedule 4 (instruments and articles of government for further education corporations) is amended as follows.E+W

(2)For paragraph 1 substitute—

“1In this Schedule—

• “instrument” means an instrument of government or articles of government;

• “the institution” means—

  (a)

  in the case of a further education corporation, the institution which the corporation is established to conduct;

  (b)

  in the case of a sixth form college corporation, the relevant sixth form college.”

(3)In paragraph 1A, after “appointment of members” insert “ of a further education corporation ”.

(4)After paragraph 1A insert—

“1BProvision made by an instrument under this Schedule in relation to the appointment of members of a sixth form college corporation must take into account the members who may be appointed by—

(a)the responsible [F8local authority] under section 56F;

(b)the YPLA under section 56I.”

(5)In paragraph 2(1) after “further education corporation” insert “ or sixth form college corporation ”.

(6)In the title, after “further education corporations” insert “ and sixth form college corporations ”.

Section 127

Schedule 9E+W+N.I.The Office of Qualifications and Examinations Regulation

StatusE+W+N.I.

1E+W+N.I.Ofqual is to perform its functions on behalf of the Crown.

MembershipE+W+N.I.

2(1)Ofqual is to consist of—E+W+N.I.

[F40(za)a member appointed by Her Majesty by Order in Council as the chief executive of Ofqual,]

(a)a member appointed by [F41the Secretary of State to chair Ofqual (“the chair”), and]

(b)between 7 and 12 members appointed by the Secretary of State (the “ordinary members”), F42...

F42(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)The person appointed by Her Majesty [F43as the chief executive of ] Ofqual is to be known as the Chief Regulator of Qualifications and Examinations (“the Chief Regulator”).

(3)Ofqual may appoint one of the ordinary members as deputy to the [F44chair] (“the deputy”).

(4)Before appointing a person as an ordinary member, the Secretary of State must consult the [F44chair] or the deputy (subject to sub-paragraph (6)).

(5)The Secretary of State may consult the deputy instead of the [F44chair] only if satisfied that—

(a)it is not practicable to consult the [F44chair] , and

(b)it is necessary to make the appointment before it would be practicable to do so.

(6)The Secretary of State may appoint a person as an ordinary member without consulting either the [F44chair] or the deputy if satisfied that—

(a)it is not practicable to consult either of those persons, and

(b)it is necessary to make the appointment before it would be practicable to do so.

F45(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Chief RegulatorE+W+N.I.

3(1)The Chief Regulator holds and vacates office in accordance with the terms of the appointment.E+W+N.I.

(2)Those terms are to be determined by the Secretary of State, subject to the following provisions of this Schedule.

(3)The Chief Regulator must not be appointed for a term of more than 5 years.

(4)The Chief Regulator may resign from office at any time by giving written notice to the Secretary of State.

(5)Her Majesty may remove the Chief Regulator from office on either of the following grounds—

(a)inability or unfitness to carry out the duties of office;

(b)absence from Ofqual's meetings for a continuous period of more than 6 months without Ofqual's permission.

(6)The previous appointment of a person as [F46the chief executive of Ofqual (whether before or after the relevant commencement date)] does not affect the person's eligibility for re-appointment.

[F47(7)“The relevant commencement date” means the date on which Schedule 7 to the Education Act 2011 comes fully into force.]

[F48The chairE+W+N.I.

3A(1)The chair holds and vacates office in accordance with the terms of the appointment.E+W+N.I.

(2)Those terms are to be determined by the Secretary of State, subject to the following provisions of this Schedule.

(3)The chair must not be appointed for a term of more than 5 years.

(4)The chair may resign from office at any time by giving written notice to the Secretary of State.

(5)The Secretary of State may remove the chair from office on either of the following grounds—

(a)inability or unfitness to carry out the duties of the office;

(b)absence from Ofqual's meetings for a continuous period of more than 6 months without Ofqual's permission.

(6)The previous appointment of a person to chair Ofqual (whether before or after the relevant commencement date) does not affect the person's eligibility for re-appointment.

(7)“The relevant commencement date” means the date on which Schedule 7 to the Education Act 2011 comes fully into force.]

The deputy and other ordinary members: tenureE+W+N.I.

4(1)The deputy and other ordinary members hold and vacate office in accordance with the terms of their appointments, subject to the following provisions of this Schedule.E+W+N.I.

(2)An ordinary member must not be appointed for a term of more than 5 years.

(3)The deputy may resign from office at any time by giving written notice to Ofqual.

(4)The ordinary members may resign from office at any time by giving written notice to the Secretary of State

(5)Ofqual may remove the deputy from office if Ofqual thinks it appropriate to do so.

(6)The Secretary of State may remove an ordinary member from office on either of the following grounds—

(a)inability or unfitness to carry out the duties of office;

(b)absence from Ofqual's meetings for a continuous period of more than 6 months without Ofqual's permission.

(7)Before removing an ordinary member from office, the Secretary of State must consult the [F49chair] or the deputy (subject to sub-paragraph (9)).

(8)The Secretary of State may consult the deputy instead of the [F49chair] only if—

(a)the ordinary member to be removed from office is not the deputy, and

(b)the Secretary of State is satisfied that—

(i)it is not practicable to consult the [F49chair] , and

(ii)it is necessary to remove the ordinary member from office before it would be practicable to do so.

(9)The Secretary of State may remove an ordinary member from office without consulting either the [F49chair] or the deputy if satisfied that—

(a)if the ordinary member to be removed from office is the deputy, sub-paragraph (10) applies;

(b)in any other case, sub-paragraph (11) applies.

(10)This sub-paragraph applies if—

(a)it is not practicable to consult the [F49chair] , and

(b)it is necessary to remove the ordinary member from office before it would be practicable to do so.

(11)This sub-paragraph applies if—

(a)it is not practicable to consult either the [F49chair] or the deputy, and

(b)it is necessary to remove the ordinary member from office before it would be practicable to do so.

F50(12). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(13)The previous appointment of a person as the deputy or another ordinary member does not affect the person's eligibility for re-appointment.

(14)If the deputy ceases to be an ordinary member, the person also ceases to be the deputy.

Remuneration etc. of [F51members] E+W+N.I.

5(1)Ofqual must, if the Secretary of State requires it to do so, pay remuneration, allowances and expenses to the [F52members of Ofqual] .E+W+N.I.

(2)Ofqual must, if the Secretary of State requires it to do so, pay, or make provision for the payment of, a pension, allowances or gratuities to or in respect of a [F53person who is or has been the chair or an] ordinary member.

(3)If a person ceases to be [F54a member of Ofqual ] and the Secretary of State decides that the person should be compensated because of special circumstances, Ofqual must pay compensation to the person.

(4)The amount of a payment under [F55sub-paragraph (1), (2) or (3) ] is to be determined by the Secretary of State.

[F56(5)Service as the Chief Regulator is one of the kinds of service to which a scheme under section 1 of the Superannuation Act 1972 (superannuation schemes as respects civil servants etc) can apply.

(6)Ofqual must pay to the Minister for the Civil Service, at such times as the Minister may direct, such sums as the Minister may determine in respect of any increase attributable to sub-paragraph (5) in the sums payable out of money provided by Parliament under the Superannuation Act 1972.]

[F57Staff]E+W+N.I.

6F58(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+N.I.

F58(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F58(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)Ofqual may appoint F59... members of staff.

(5)The following are to be determined by Ofqual with the approval of the Secretary of State—

(a)the number of F60... members of staff of Ofqual;

(b)their conditions of service.

CommitteesE+W+N.I.

7(1)Ofqual may establish committees, and any committee established by Ofqual may establish sub-committees.E+W+N.I.

(2)Ofqual may—

(a)dissolve a sub-committee established under sub-paragraph (1), or

(b)alter the purposes for which such a sub-committee is established.

(3)In this Schedule a committee or sub-committee established under sub-paragraph (1) is referred to as an “Ofqual committee”.