Learning and Skills Act 2000
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There shall be a body corporate called the Learning and Skills Council for England.
The Council is to consist of not less than 12 and not more than 16 members appointed by the Secretary of State, and he must appoint one of them as chairman.
In appointing a member the Secretary of State must have regard to the desirability of appointing a person who has experience relevant to the Council’s functions.
Schedule 1 contains provisions about the Council.
The Council’s functions are to be carried out in relation to England only.
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The Council must secure the provision of proper facilities for—
education (other than higher education) suitable to the requirements of persons who are above compulsory school age but have not attained the age of 19,
training suitable to the requirements of such persons,
organised leisure-time occupation connected with such education, and
organised leisure-time occupation connected with such training.
Facilities are proper if they are—
of a quantity sufficient to meet the reasonable needs of individuals, and
of a quality adequate to meet those needs.
In performing the duty imposed on it by subsection (1) the Council must—
take account of the places where facilities are provided, the character of facilities and the way they are equipped;
take account of the different abilities and aptitudes of different persons;
take account of the education and training required in different sectors of employment for employees and potential employees;
take account of facilities whose provision the Council thinks might reasonably be secured by other persons;
make the best use of the Council’s resources and in particular avoid provision which might give rise to disproportionate expenditure.
Provision is not to be considered as giving rise to disproportionate expenditure only because that provision is more expensive than comparable provision.
For the purposes of this section—
education includes both full-time and part-time education;
training includes both full-time and part-time training;
training includes vocational, social, physical and recreational training;
higher education is education provided by means of a course of any description mentioned in Schedule 6 to the Education Reform Act 1988.
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The Council must secure the provision of reasonable facilities for—
education (other than higher education) suitable to the requirements of persons who have attained the age of 19,
training suitable to the requirements of such persons,
organised leisure-time occupation connected with such education, and
organised leisure-time occupation connected with such training.
Facilities are reasonable if (taking account of the Council’s resources) the facilities are of such a quantity and quality that the Council can reasonably be expected to secure their provision.
In performing the duty imposed on it by subsection (1) the Council must—
take account of the places where facilities are provided, the character of facilities and the way they are equipped;
take account of the different abilities and aptitudes of different persons;
take account of the education and training required in different sectors of employment for employees and potential employees;
take account of facilities whose provision the Council thinks might reasonably be secured by other persons;
make the best use of the Council’s resources and in particular avoid provision which might give rise to disproportionate expenditure.
Provision is not to be considered as giving rise to disproportionate expenditure only because that provision is more expensive than comparable provision.
For the purposes of this section—
education includes both full-time and part-time education;
training includes both full-time and part-time training;
training includes vocational, social, physical and recreational training;
higher education is education provided by means of a course of any description mentioned in Schedule 6 to the Education Reform Act 1988.
References in this Part to post-16 education are to—
education falling within section 2(1)(a) or subsection (1)(a) above, and
organised leisure-time occupation connected with such education.
References in this Part to post-16 training are to—
training falling within section 2(1)(b) or subsection (1)(b) above, and
organised leisure-time occupation connected with such training.
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encourage individuals to undergo post-16 education and training;
encourage employers to participate in the provision of post-16 education and training;
encourage employers to contribute to the costs of post-16 education and training.
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The Council may secure the provision of financial resources to—
persons providing or proposing to provide post-16 education or training;
persons providing or proposing to provide goods or services in connection with the provision by others of post-16 education or training;
persons receiving or proposing to receive post-16 education or training;
persons providing or proposing to provide courses falling within paragraph 1(g) or (h) of Schedule 6 to the Education Reform Act 1988 (courses in preparation for professional examinations at a higher level or providing education at a higher level);
institutions within the further or higher education sector (within the meaning of section 91 of the Further and Higher Education Act 1992) which provide or propose to provide secondary education (other than post-16 education);
persons undertaking or proposing to undertake research relating to education or training;
persons providing or proposing to provide facilities described in section 8(1) or (2);
persons carrying out means tests under arrangements made under section 9;
persons providing or proposing to provide information, advice or guidance about education or training or connected matters (including employment).
The Council may secure the provision of financial resources under subsection (1)—
by providing resources itself;
by making arrangements for the provision of resources by another person;
by making arrangements for the provision of resources by persons jointly (whether or not including the Council).
In exercising its power under subsection (1)(c) the Council may secure the provision of financial resources by reference to any fees or charges payable by the person receiving or proposing to receive the education or training or to any other matter (such as transport or childcare).
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If the Council itself provides financial resources it may impose conditions; and the conditions may include any provisions described below.
The conditions may—
require the Council or a person designated by it to be allowed access to a person’s accounts and documents and to be given rights in relation to a person’s computers and associated apparatus and material;
require a person to whom financial resources are provided to give to the Council information it requests for the purpose of carrying out its functions.
The conditions may require a person providing or proposing to provide education or training (the provider) to make arrangements providing for all or any of the following—
for the provider to charge fees by reference to specified criteria;
for the provider to make awards by reference to specified criteria;
for the provider to recover amounts from persons receiving education or training or from employers (or from both);
for amounts to be determined by reference to specified criteria where provision is made under paragraph (c);
for specified exemptions to operate where provision is made under paragraph (c);
for the provider to make provision specified in a report of an assessment conducted under section 140.
The conditions may—
relate to the provision made (or to be made) with respect to disabled persons by a person providing or proposing to provide education or training;
require a person providing education or training to publish at specified intervals statements containing information of a specified description about the facilities for education or training provided by him with respect to disabled persons.
The conditions may—
enable the Council to require the repayment (in whole or part) of sums paid by the Council if any of the conditions subject to which the sums were paid is not complied with;
require the payment of interest in respect of any period in which a sum due to the Council in accordance with any condition is unpaid.
Disabled persons are persons who are disabled for the purposes of the Disability Discrimination Act 1995.
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The Council may make a grant to a local education authority—
on the condition that the grant be applied as part of the authority’s local schools budget for a financial year, and
with a view to the grant being used for the purposes of, or for purposes connected with, the provision by schools of education suitable to the requirements of persons above compulsory school age.
A grant made under this section may be made on conditions in addition to the condition mentioned in subsection (1)(a) (including conditions of a kind which could be imposed under section 6).
“Local schools budget” has the same meaning as in Part II of the School Standards and Framework Act 1998 (framework for maintained schools).
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The Council may secure the provision of facilities for the gaining of work experience by young persons receiving education.
The Council may secure the provision of facilities designed to form links between (on the one hand) employers and (on the other) persons falling within subsection (3).
The persons falling within this subsection are—
persons who provide education or training, and
persons who receive it and who have not attained the age of 19.
A person is a young person in the period which—
starts with the beginning of the year in which he attains the age of 15, and
ends with the end of the year in which he attains the age of 19.
A year is a year beginning with 1 September.
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The Council may develop schemes for the assessment of the performance of persons in providing post-16 education and training.
The Council may take the assessments into account in deciding how to exercise its powers under section 5.
The Council may—
carry out means tests;
arrange for other persons to carry out means tests.
The Council may take the results of the tests into account in exercising its power under section 5(1)(c).
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The Council may promote—
the holding of accounts which qualify under section 104;
the making of arrangements which qualify under section 105.
The Council—
may be specified as a body with which arrangements under section 105 may be made;
may be designated by the Secretary of State under section 107(1) or (3) and may act in accordance with such a designation;
may make arrangements under provision made under section 108(5)(d);
may be designated by the Secretary of State in exercise of a power conferred on him under section 108(6)(b) or (7)(b) and may act in accordance with such a designation.
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The Council may appoint a person to be a member of the governing body of an institution which—
falls within the further education sector (within the meaning given by section 91(3) of the Further and Higher Education Act 1992), and
mainly serves the population of England.
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.
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The Council may carry out research relating to any matter relevant to any of its functions.
The Council must provide the Secretary of State with such information or advice as he requests about any matter in relation to which the Council has a function.
The Council may provide the Secretary of State with such information or advice as it thinks fit about any matter in relation to which it has a function.
The Council may provide any person designated by the Secretary of State with such information as the Council thinks fit about any matter in relation to which it has a function.
The Council must establish systems for collecting information which is designed to secure that its decisions with regard to education and training are made on a sound basis.
The Council may secure the provision of facilities for providing information, advice or guidance about education or training or connected matters (including employment).
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In discharging its functions under sections 2, 3, 5(1)(a) to (d) and (g) and 8 the Council must have regard—
to the needs of persons with learning difficulties, and
in particular, to any report of an assessment conducted under section 140.
If the Council is satisfied that it cannot secure the provision of facilities for education or training which are sufficient in quantity and adequate in quality for a person with a learning difficulty who is over compulsory school age but who has not attained the age of 19 unless it also secures the provision of boarding accommodation for him, the Council must secure the provision of boarding accommodation for him.
If the Council is satisfied that it cannot secure the provision of reasonable facilities for education or training for a person with a learning difficulty who has attained the age of 19 but not the age of 25 unless it also secures the provision of boarding accommodation for him, the Council must secure the provision of boarding accommodation for him.
If the Council is satisfied that it cannot secure the provision of reasonable facilities for education or training for a person with a learning difficulty who has attained the age of 25 unless it also secures the provision of boarding accommodation for him, the Council may secure the provision of boarding accommodation for him.
A person has a learning difficulty if—
he has a significantly greater difficulty in learning than the majority of persons of his age, or
he has a disability which either prevents or hinders him from making use of facilities of a kind generally provided by institutions providing post-16 education or training.
But a person is not to be taken to have a learning difficulty solely because the language (or form of language) in which he is or will be taught is different from a language (or form of language) which has at any time been spoken in his home.
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In exercising its functions the Council must have due regard to the need to promote equality of opportunity—
between persons of different racial groups,
between men and women, and
between persons who are disabled and persons who are not.
As soon as is reasonably practicable after the end of each financial year of the Council it must publish a report containing—
a statement of the arrangements made under subsection (1) and having effect in the year;
an assessment of how effective the arrangements were in promoting equality of opportunity.
The report must also contain a statement of the arrangements which the Council has made, or proposes to make, under subsection (1) in respect of the financial year immediately following that referred to in subsection (2).
The Council must send a copy of the report to the Secretary of State.
“Racial group” has the same meaning as in the Race Relations Act 1976.
Disabled persons are persons who are disabled for the purposes of the Disability Discrimination Act 1995.
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The Council—
must make and publish a plan for each of its financial years;
may make and publish such other plans as it thinks fit.
A plan for the Council’s first financial year must be published as soon as is reasonably practicable after the year starts.
A plan for any subsequent financial year of the Council must be published before the year starts.
A plan for a financial year must include—
proposals as to how the Council intends to achieve in the financial year any objectives which should be achieved in the year in conformity with directions of the Secretary of State or with conditions imposed under section 27;
the Council’s financial proposals for the year.
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The Council must formulate a strategy in relation to its functions and keep it under review.
The Council must have regard to the strategy in exercising its functions.
The strategy must include proposals as to how the Council intends to develop the skills of persons in employment; but this does not affect the generality of subsection (1).
The Council must incorporate in the strategy proposals as to—
how it intends to achieve any objectives contained in directions of the Secretary of State;
how it intends to achieve such objectives within any time limits contained in such directions.
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The Council may do anything which appears to it to be necessary or expedient for the purpose of or in connection with the exercise of its other functions.
In particular it may—
acquire and dispose of land and other property;
enter into contracts;
invest sums not immediately needed for the purpose of exercising its other functions;
accept financial resources (whether as gifts or otherwise);
accept gifts of land and other property.
But the Council has no power—
to borrow money;
to lend money unless the Secretary of State consents;
to subscribe for or otherwise acquire shares in or securities of a company unless the Secretary of State consents.
The Secretary of State may by order confer or impose on the Council such supplementary powers or duties relating to the provision of post-16 education or training as he thinks fit.
For the purposes of subsection (4) a power or duty is supplementary if—
it is exercisable in connection with functions of the Secretary of State, and
it is relevant to the provision of facilities for post-16 education or training.
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The Council must establish a committee (to be called a local learning and skills council) for each area of England specified by the Secretary of State.
A local council is to consist of not less than 12 and not more than 16 members appointed by the Council with the approval of the Secretary of State.
The Secretary of State must appoint one of them as chairman after seeking the Council’s advice.
Members of a local council may be (but need not be) members of the Council.
Schedule 2 contains provisions about local councils.
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A local council—
must perform in relation to its area such of the Council’s duties as the Council specifies;
may exercise in relation to its area such of the Council’s powers as the Council specifies.
A local council—
must perform in relation to such places outside its area as the Council specifies such of the Council’s duties as the Council specifies;
may exercise in relation to such places outside its area as the Council specifies such of the Council’s powers as the Council specifies.
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In relation to each financial year of the Council it must prepare guidance for each local council.
The guidance must include—
objectives which a local council should achieve in seeking to carry out its functions;
time limits within which it should achieve the objectives.
The guidance must set a local council’s budget for the financial year.
The Council must consult the regional development agencies and local education authorities on the guidance.
After consulting under subsection (4) and (if appropriate) altering the guidance the Council must issue the guidance to the local council.
A regional development agency is a development agency established by section 1 of the Regional Development Agencies Act 1998.
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A local council must prepare a plan for each financial year of the Council.
A plan must include—
a statement of the needs regarding education and training of the population of the local council’s area;
a statement of the needs of employers in the local council’s area regarding education and training of their employees and potential employees;
a statement of how the local council proposes to carry out its functions in the light of the needs mentioned in paragraphs (a) and (b);
proposals as to how the local council intends to achieve in the financial year any objectives which should be achieved in the year in conformity with guidance issued by the Council under section 21;
the local council’s financial proposals for the year, taking account of guidance issued by the Council under section 21;
a statement of the likely effect of the local council’s activities on the economic development and regeneration of its area.
A plan must include—
a statement of the education and training (and connected organised leisure-time occupation) whose provision the local council would like a relevant local education authority to secure in the local council’s area for persons who have attained the age of 19, and
proposals as to the financial resources with which the authority will be provided by the Council to enable the authority to secure the provision of such education and training (and connected organised leisure-time occupation).
In preparing a plan a local council must have regard to—
any matter contained in guidance issued by the Council under section 21 (in addition to the matters mentioned in subsection (2) above);
the strategy of any relevant regional development agency prepared under section 7 of the Regional Development Agencies Act 1998 or published under section 7A of that Act;
any strategy prepared by any relevant local authority under section 4 of the Local Government Act 2000 (strategies for promoting well-being).
In preparing a plan a local council must consult—
any relevant regional development agency;
any relevant local authority;
such other persons as the Secretary of State may specify.
After consulting under subsection (5) and (if appropriate) altering the plan the local council must seek the Council’s approval of it; and the Council must consult any relevant regional development agency on whether the plan should be approved.
The Council must approve the plan or require the local council to make specified alterations of it; and if alterations are required the local council must make them.
The local council must publish the plan as approved by the Council or as altered in accordance with the Council’s requirements.
A plan must be taken into account in deciding the extent to which—
a local council has carried out its functions in a satisfactory way;
a director of a local council has carried out his functions in a satisfactory way.
For the purposes of this section—
a regional development agency is a development agency established by section 1 of the Regional Development Agencies Act 1998;
a regional development agency is a relevant agency if any of its area falls within the area of the local council concerned;
a local education authority is a relevant authority if any of its area falls within the area of the local council concerned;
“local authority” means a local authority as defined in section 1(a) of the Local Government Act 2000 and the Greater London Authority;
a local authority is a relevant authority if any of its area falls within the area of the local council concerned.
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If a local education authority does not secure the provision of education and training (and connected organised leisure-time occupation) in accordance with provisions included in a plan under section 22(3) the Secretary of State may direct the authority to do so.
The authority must act in accordance with the direction, but only if the Council provides it with any financial resources which the authority reasonably requires to enable it to do so.
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This section applies to guidance under section 21 and plans under section 22.
The guidance in relation to the Council’s first financial year must be prepared as soon as is reasonably practicable after the year starts.
The guidance in relation to any subsequent financial year of the Council must be prepared in time for the guidance to be issued under section 21, and a plan to be published under section 22, before the financial year starts.
The plan for the Council’s first financial year must be prepared as soon as is reasonably practicable after the year starts.
The plan for any subsequent financial year of the Council must be prepared in time for the plan to be published under section 22 before the financial year starts.
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The Secretary of State may give directions to the Council; and the directions may include any provisions described in subsections (2) to (4).
Directions may contain—
objectives which the Council should achieve in seeking to carry out its functions;
time limits within which the Council should achieve the objectives;
provision relating to the management of the Council.
Subsection (4) applies if the Secretary of State is satisfied that the Council—
has failed to discharge a duty imposed by or under any Act, or
has acted or is proposing to act unreasonably with respect to the exercise of a power conferred or the performance of a duty imposed by or under any Act.
In such a case directions may contain such provision as the Secretary of State thinks fit as to the exercise of the Council’s powers and performance of its duties.
Directions may contain provision described in subsection (4) despite any enactment making the exercise of a power or performance of a duty contingent on the Council’s opinion.
Directions may not concern the provision of financial resources in respect of activities carried on by a particular person or persons.
If the Secretary of State asks the Council to do so, it must advise him on the formulation of objectives and time limits.
The Council must comply with any directions given to it by the Secretary of State.
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The Secretary of State may make grants to the Council of such amounts and subject to such conditions as he thinks fit; and the conditions may include any provisions described below.
The conditions may set the Council’s budget for any of its financial years.
The conditions may—
require the Council to use the grants for specified purposes;
require the Council to comply with specified requirements in respect of every person (or every person of a specified class or description) in securing the provision of specified financial resources to such persons;
enable the Secretary of State to require the repayment, in whole or in part, of sums paid by him if any condition imposed is not complied with;
require the payment of interest in respect of any period during which a sum due to the Secretary of State in accordance with any condition remains unpaid.
Requirements which may be imposed under subsection (3)(b) include in particular requirements that, if the Council itself provides specified financial resources, it is to impose specified conditions.
The Secretary of State may not impose conditions which relate to the Council’s securing of the provision of financial resources to a particular person or persons.
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As soon as is reasonably practicable after the end of each financial year of the Council it must prepare a report on its activities in that year and send a copy of the report to the Secretary of State.
A report—
must be in such form and contain such information as the Secretary of State may specify in directions to the Council;
must set out any other directions given to the Council under this Part in the financial year to which the report relates.
Following receipt of a copy of a report under this section the Secretary of State must lay a copy of it before each House of Parliament and arrange for copies of it to be published in such manner as he thinks appropriate.
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the period starting with the date on which it is established and ending with the second 31 March following that date;
each successive period of 12 months.
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There shall be a body corporate called the National Council for Education and Training for Wales or Cyngor Cenedlaethol Cymru dros Addysg a Hyfforddiant.
The Council is to consist of not less than 10 and not more than 12 members appointed by the National Assembly for Wales (the National Assembly) and the National Assembly must appoint one of them as chairman.
In appointing a member the National Assembly must have regard to the desirability of appointing a person who has experience relevant to the Council’s functions.
Schedule 4 contains provisions about the Council.
The Council’s functions are to be carried out in relation to Wales only.
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The Council must secure the provision of proper facilities for—
education (other than higher education) suitable to the requirements of persons who are above compulsory school age but have not attained the age of 19,
training suitable to the requirements of such persons,
organised leisure-time occupation connected with such education, and
organised leisure-time occupation connected with such training.
Facilities are proper if they are—
of a quantity sufficient to meet the reasonable needs of individuals, and
of a quality adequate to meet those needs.
In performing the duty imposed on it by subsection (1) the Council must—
take account of the places where facilities are provided, the character of facilities and the way they are equipped;
take account of the different abilities and aptitudes of different persons;
take account of the education and training required in different sectors of employment for employees and potential employees;
take account of facilities whose provision the Council thinks might reasonably be secured by other persons;
make the best use of the Council’s resources and in particular avoid provision which might give rise to disproportionate expenditure.
Provision is not to be considered as giving rise to disproportionate expenditure only because that provision is more expensive than comparable provision.
For the purposes of this section—
education includes both full-time and part-time education;
training includes both full-time and part-time training;
training includes vocational, social, physical and recreational training;
higher education is education provided by means of a course of any description mentioned in Schedule 6 to the Education Reform Act 1988.
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The Council must secure the provision of reasonable facilities for—
education (other than higher education) suitable to the requirements of persons who have attained the age of 19,
training suitable to the requirements of such persons,
organised leisure-time occupation connected with such education, and
organised leisure-time occupation connected with such training.
Facilities are reasonable if (taking account of the Council’s resources) the facilities are of such a quantity and quality that the Council can reasonably be expected to secure their provision.
In performing the duty imposed on it by subsection (1) the Council must—
take account of the places where facilities are provided, the character of facilities and the way they are equipped;
take account of the different abilities and aptitudes of different persons;
take account of the education and training required in different sectors of employment for employees and potential employees;
take account of facilities whose provision the Council thinks might reasonably be secured by other persons;
make the best use of the Council’s resources and in particular avoid provision which might give rise to disproportionate expenditure.
Provision is not to be considered as giving rise to disproportionate expenditure only because that provision is more expensive than comparable provision.
For the purposes of this section—
education includes both full-time and part-time education;
training includes both full-time and part-time training;
training includes vocational, social, physical and recreational training;
higher education is education provided by means of a course of any description mentioned in Schedule 6 to the Education Reform Act 1988.
References in this Part to post-16 education are to—
education falling within section 31(1)(a) or subsection (1)(a) above, and
organised leisure-time occupation connected with such education.
References in this Part to post-16 training are to—
training falling within section 31(1)(b) or subsection (1)(b) above, and
organised leisure-time occupation connected with such training.
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encourage individuals to undergo post-16 education and training;
encourage employers to participate in the provision of post-16 education and training;
encourage employers to contribute to the costs of post-16 education and training.
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The Council may secure the provision of financial resources to—
persons providing or proposing to provide post-16 education or training;
persons providing or proposing to provide goods or services in connection with the provision by others of post-16 education or training;
persons receiving or proposing to receive post-16 education or training;
persons providing or proposing to provide courses falling within paragraph 1(g) or (h) of Schedule 6 to the Education Reform Act 1988 (courses in preparation for professional examinations at a higher level or providing education at a higher level);
institutions within the further or higher education sector (within the meaning of section 91 of the Further and Higher Education Act 1992) which provide or propose to provide secondary education (other than post-16 education);
persons undertaking or proposing to undertake research relating to education or training;
persons providing or proposing to provide facilities designed to form links between (on the one hand) employers and (on the other) persons who provide or receive education or training;
persons carrying out means tests under arrangements made under section 37;
persons providing or proposing to provide information, advice or guidance about education or training or connected matters (including employment).
The Council may secure the provision of financial resources under subsection (1)—
by providing resources itself;
by making arrangements for the provision of resources by another person;
by making arrangements for the provision of resources by persons jointly (whether or not including the Council).
In exercising its power under subsection (1)(c) the Council may secure the provision of financial resources by reference to any fees or charges payable by the person receiving or proposing to receive the education or training or to any other matter (such as transport or childcare).
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If the Council itself provides financial resources it may impose conditions; and the conditions may include any provisions described below.
The conditions may—
require the Council or a person designated by it to be allowed access to a person’s accounts and documents and to be given rights in relation to a person’s computers and associated apparatus and material;
require a person to whom financial resources are provided to give to the Council information it requests for the purpose of carrying out its functions.
The conditions may require a person providing or proposing to provide education or training (the provider) to make arrangements providing for all or any of the following—
for the provider to charge fees by reference to specified criteria;
for the provider to make awards by reference to specified criteria;
for the provider to recover amounts from persons receiving education or training or from employers (or from both);
for amounts to be determined by reference to specified criteria where provision is made under paragraph (c);
for specified exemptions to operate where provision is made under paragraph (c);
for the provider to make provision specified in a report of an assessment conducted under section 140.
The conditions may—
relate to the provision made (or to be made) with respect to disabled persons by a person providing or proposing to provide education or training;
require a person providing education or training to publish at specified intervals statements containing information of a specified description about the facilities for education or training provided by him with respect to disabled persons.
The conditions may—
enable the Council to require the repayment (in whole or part) of sums paid by the Council if any of the conditions subject to which the sums were paid is not complied with;
require the payment of interest in respect of any period in which a sum due to the Council in accordance with any condition is unpaid.
Disabled persons are persons who are disabled for the purposes of the Disability Discrimination Act 1995.
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The Council may make a grant to a local education authority—
on the condition that the grant be applied as part of the authority’s local schools budget for a financial year, and
with a view to the grant being used for the purposes of, or for purposes connected with, the provision by schools of education suitable to the requirements of persons above compulsory school age.
A grant made under this section may be made on conditions in addition to the condition mentioned in subsection (1)(a) (including conditions of a kind which could be imposed under section 35).
“Local schools budget” has the same meaning as in Part II of the School Standards and Framework Act 1998 (framework for maintained schools).
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The Council may develop schemes for the assessment of the performance of persons in providing post-16 education and training.
The Council may take the assessments into account in deciding how to exercise its powers under section 34.
The Council may—
carry out means tests;
arrange for other persons to carry out means tests.
The Council may take the results of the tests into account in exercising its power under section 34(1)(c).
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The Council may promote—
the holding of accounts which qualify under section 104;
the making of arrangements which qualify under section 105.
The Council—
may be specified as a body with which arrangements under section 105 may be made;
may be designated by the National Assembly under section 107(1) or (3) and may act in accordance with such a designation;
may make arrangements under provision made under section 108(5)(d);
may be designated by the National Assembly in exercise of a power conferred on it under section 108(6)(b) or (7)(b) and may act in accordance with such a designation.
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The Council may appoint a person to be a member of the governing body of an institution which—
falls within the further education sector (within the meaning given by section 91(3) of the Further and Higher Education Act 1992), and
mainly serves the population of Wales.
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.
The Commission must form for the area of each local authority one or more local curricula for students who are above compulsory school age but have not attained the age of nineteen.
Each local curriculum must consist of courses of study each of which—
falls within a category in subsection (3) (the “learning domains”); and
is from time to time selected by the Commission to form part of that local curriculum.
The learning domains are—
mathematics, science and technology;
business, administration and law;
services for people;
arts, media, culture and languages;
humanities, social sciences and preparation for life and work.
For the purposes of this section, a course of study falls within a particular learning domain if a direction of the Welsh Ministers so provides.
The Commission must exercise its functions in relation to local curricula so as to promote access to and availability of courses of study which are taught through the medium of the Welsh language.
This section applies where the Commission forms more than one local curriculum for the area of a local authority under section 33A.
In relation to each local curriculum, the Commission must designate the maintained schools or institutions whose relevant students are to be entitled to elect under section 33E to follow courses of study included within the curriculum.
Where, during the fourth key stage relevant period, a registered pupil of a maintained school requests that the school's head teacher determines the pupil's relevant school or institution, the head teacher must comply with that request. But this is subject to regulations made under subsection (3).
The relevant period, in relation to a registered pupil of a maintained school, is the period—
beginning at the same time as the school year in which the majority of pupils in the pupil’s class attain the age of 15, and
ending at the same time as the school year in which the majority of pupils in the pupil’s class cease to be of compulsory school age.
A pupil's relevant school or institution is the maintained school or institution whose governing body is, in the opinion of the head teacher, likely to be responsible for providing (or making arrangements for the provision of) the majority of the pupil's education once he or she has ceased to be of compulsory school age.
Regulations may make provision as to the making of requests and determinations under this section, including in particular provision as to the date or time by which a request or determination is to be made.
The Welsh Ministers must consult the Commission before making regulations under subsection (3).
This section does not require any person to admit a pupil to a particular school or institution.
A registered pupil of a maintained school has the right to elect to follow, during the period described in subsection (2) (“the entitlement period”), a course or courses of study included within the relevant local curriculum for that pupil. But this is subject to regulations made under subsection (3).
The entitlement period—
begins on the first day of the academic year subsequent to the pupil having ceased to be of compulsory school age; and
ends on the day on which he or she attains the age of nineteen.
Regulations may make provision as to the making of elections under this section, including in particular provision—
specifying the maximum number of courses of study of a particular type that a pupil has the right to elect to follow;
identifying points to be allotted to courses of study and preventing a pupil from having the right to elect to follow a combination of courses of study if their aggregate points exceed a specified amount;
as to the period during which elections are to be made.
The Welsh Ministers must consult the Commission before making regulations under subsection (3).
For the purposes of this section the “relevant local curriculum”, in relation to a pupil, means—
where it has been determined under section 33D that a pupil's “relevant school or institution” is a school—
where the Commission has formed under section 33A a single local curriculum for the area of the local authority by which the school is maintained, that local curriculum; or
where the Commission has formed under section 33A more than one local curriculum for the area of the local authority by which the school is maintained, the local curriculum in respect of which the school is designated under section 33C(2);
where it has been determined under section 33D that a pupil's “relevant school or institution” is an institution—
where the Commission has formed under section 33A a single local curriculum for the local authority area in which the institution is situated, that local curriculum; or
where the Commission has formed under section 33A more than one local curriculum for the local authority area in which the institution is situated, the local curriculum in respect of which the institution is designated under section 33C(2).
During the entitlement period, a student who has made an election under section 33E(1) is entitled to follow the elected course of study unless—
the governing body of the student's relevant school or institution was not at the beginning of the entitlement period, or subsequently ceases to be, responsible for providing (or making arrangements for the provision of) the majority of the student's education; or
before the beginning of the entitlement period, the head teacher or principal of the student's relevant school or institution has decided under section 33G that the student is not entitled to follow the course of study.
Where a person is entitled to follow a course of study, it is for the head teacher or principal of the relevant school or institution to decide upon which date during the entitlement period the course is to begin.
If the head teacher or principal of a student's relevant school or institution is satisfied that any of the grounds in subsection (2) apply, the head teacher or principal may decide that the student is not entitled to follow a course of study which the student has elected to follow under section 33E.
The grounds referred to in subsection (1) are that—
as a result of the student's level of educational attainment, the course of study is not suitable for him or her;
as a result of other elections made by the student under section 33E(1), it is not reasonably practicable for him or her to follow the course of study;
the amount of time likely to be spent travelling to the place at which the course is likely to be delivered would be detrimental to the student's education;
disproportionate expenditure would be incurred if the student were to follow the course of study;
the student's or another person's health or safety would be placed unacceptably at risk if the student were to follow the course of study.
Regulations may make provision connected with the making of decisions under subsection (1), including in particular provision—
as to the time or date by which decisions are to be made;
as to the procedure to be followed in connection with the making of decisions;
for appeals against decisions to be made to the school or institution's governing body or another person specified in the regulations;
as to the time or date by which appeals are to be determined;
as to the procedure to be followed in connection with the determination of an appeal.
A head teacher or principal and governing body or other person charged with determining appeals under regulations made under subsection (3) must have regard to any guidance given from time to time by the Welsh Ministers as to the exercise of their functions under this section.
The Welsh Ministers may by order—
amend or omit any paragraph of subsection (2);
add additional paragraphs to that subsection;
amend or omit such additional paragraphs.
The Welsh Ministers must consult the Commission before making regulations under subsection (3), giving guidance under subsection (4) or making an order under subsection (5).
Where a student is entitled to follow a course of study under section 33F(1), the governing body of the student's relevant school or institution must ensure that during the entitlement period the course is made available to the student by or on behalf of the governing body.
If the head teacher or principal of a student's relevant school or institution is satisfied that any of the grounds in subsection (2) apply, the head teacher or principal may decide that a student is no longer entitled to follow a course of study that the student was entitled to follow under section 33F.
The grounds referred to in subsection (1) are that—
the student's or another person's health or safety would be placed unacceptably at risk if the pupil were to continue to follow the course of study;
disproportionate expenditure would be incurred if the pupil were to continue to follow the course of study.
Regulations may make provision connected with the making of decisions under subsection (1) including in particular provision—
as to the procedure to be followed in connection with the making of decisions;
for appeals against decisions to be made to the school or institution's governing body or another person specified in the regulations;
as to the effect of a decision pending determination of an appeal;
as to the procedure to be followed in connection with the determination of an appeal.
A head teacher or principal and governing body or other person charged with determining appeals under regulations made under subsection (3) must have regard to any guidance given from time to time by the Welsh Ministers as to the exercise of their functions under this section.
The Welsh Ministers may by order—
amend or omit any paragraph of subsection (2);
add additional paragraphs to that subsection;
amend or omit such additional paragraphs.
The Welsh Ministers must consult the Commission before making regulations under subsection (3), giving guidance under subsection (4) or making an order under subsection (5).
The following persons must assist the Commission in planning the local curriculum or curricula for a local authority's area—
the local authority;
the governing body and head teacher of any maintained school maintained by the authority;
the governing body and principal of an institution in the authority's area.
In subsection (1), “ planning the local curriculum or curricula ” means the process by which the Commission decides under section 33A which courses of study to include in the local curriculum or curricula.
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The objective of this section is to maximise the availability of courses of study included in a local curriculum formed under section 33A.
In relation to the local curriculum or curricula for a local authority, the persons mentioned in subsection (4) must take all reasonable steps in order to achieve the objective of this section.
The duty under subsection (2) includes, but is not limited to, a duty to seek to enter into cooperation arrangements where, having considered whether it would further the objective of this section to do so, the persons mentioned in subsection (4) have concluded that entering into such arrangements would further that objective.
The persons are—
the local authority;
the governing body of a secondary school maintained by the authority; and
the governing body of an institution within the further education sector which is situated within the area of the authority.
In this section and section 33L “co-operation arrangements” means—
arrangements under which any person provides, on behalf of the governing body of a maintained school, a course of study included within the relevant local curriculum for the school;
arrangements under which any person provides, on behalf of the governing body of an institution, a course of study included within the relevant local curriculum for the institution;
arrangements made in exercise of the powers of collaboration described in section 4 of the Education (Wales) Measure 2011.
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For the purposes of this section, “relevant local curriculum” means—
in relation to a maintained school—
where the Commission has formed a single local curriculum for the area of the local authority by which the school is maintained, that local curriculum; or
where the Commission has formed more than one local curriculum for the area of the local authority by which the school is maintained, the local curriculum in respect of which the school is designated under section 33C(2);
in relation to an institution—
where the Commission has formed a single local curriculum for the local authority area in which the institution is situated, that curriculum; or
where the Commission has formed more than one local curriculum for the local authority area in which the institution is situated, the local curriculum in respect of which the institution is designated under section 33C(2).
A local authority, a governing body of a maintained school and the governing body of an institution must have regard to any guidance given from time to time by the Welsh Ministers as to the discharge of their duties under section 33K.
Guidance given under subsection (1) may relate to the contents of co- operation arrangements.
The Welsh Ministers must consult the Commission before giving guidance under subsection (1).
A local authority and a governing body of a maintained school must comply with any direction given by the Welsh Ministers as to the entering into of co-operation arrangements.
A direction under subsection (3)—
may require persons to enter into specified arrangements;
may specify the terms upon which arrangements are to be entered into (whether generally or in respect of specified arrangements);
in the case of a direction to enter into specified arrangements with a person who is not mentioned in subsection (1), must not be given unless that person consents to the direction.
The Welsh Ministers may by order—
amend or omit any paragraph of subsection (3) of section 33A;
add additional paragraphs to that subsection;
amend or omit such additional paragraphs.
The Welsh Ministers must consult the Commission before making an order under subsection (1).
In sections 33A to 33M—
“the Commission” means the Commission for Tertiary Education and Research;
“course of study” means a course of education or training that—
“principal”, in relation to an institution, means the principal or other head of the institution;
Unless the context otherwise requires, an expression used in sections 33A to 33N, 33P and 33Q and also the Education Act 1996 is to bear for the purposes of those sections the meaning given to it for the purposes of that Act.
Any direction given by the Welsh Ministers under sections 33A(4) ... and 33L(3) may be varied or revoked by a further direction.
Regulations made by the Welsh Ministers may apply the provisions of sections 33A to 33L, 33N and 33O and the provisions of any regulations made under section 46 of the Learning and Skills (Wales) Measure 2009 in respect of a person who falls, or is likely to fall, within subsection (3).
The regulations may apply those provisions with such modifications as appear to the Welsh Ministers to be necessary or expedient.
A person falls within this subsection if he or she—
is above compulsory school age; and
either—
a registered pupil of a community ... special school which is maintained by a local authority in Wales and is not established in a hospital; or
receiving the majority of his or her education at an institution which provides education wholly or mainly for persons with a learning difficulty additional learning needs (within the meaning of section 41).
The Welsh Ministers must consult the Commission for Tertiary Education and Research before making regulations under subsection (1).
Regulations made by the Welsh Ministers may apply the provisions of sections 33A to 33L, 33N and 33O and the provisions of regulations made under section 46 of the Learning and Skills (Wales) Measure 2009 in relation to an institution, or institutions, within the higher education sector in Wales as those provisions apply in relation to an institution within the further education sector in Wales.
The regulations may also apply those provisions in relation to the principal or governing body of an institution within the higher education sector in Wales (or to persons with functions that are similar to those of a principal or governing body) as they apply in relation to the principal or governing body of an institution within the further education sector in Wales.
The regulations may apply those provisions with such modifications as appear to the Welsh Ministers to be necessary or expedient.
The Welsh Ministers must consult the Commission for Tertiary Education and Research before making regulations under subsection (1).
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The Welsh Ministers must establish systems for collecting information which is designed to secure that their decisions with regard to education and training are made on a sound basis.
The Welsh Ministers may secure the provision of facilities for providing information, advice or guidance about education or training or connected matters (including employment).
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In discharging its functions under sections 31, 32 and 34(1)(a) to (d) and (g) the Council must have regard—
to the needs of persons with learning difficulties, and
in particular, to any report of an assessment conducted under section 140.
If the Council is satisfied that it cannot secure the provision of facilities for education or training which are sufficient in quantity and adequate in quality for a person with a learning difficulty who is over compulsory school age but who has not attained the age of 19 unless it also secures the provision of boarding accommodation for him, the Council must secure the provision of boarding accommodation for him.
If the Council is satisfied that it cannot secure the provision of reasonable facilities for education or training for a person with a learning difficulty who has attained the age of 19 but not the age of 25 unless it also secures the provision of boarding accommodation for him, the Council must secure the provision of boarding accommodation for him.
If the Council is satisfied that it cannot secure the provision of reasonable facilities for education or training for a person with a learning difficulty who has attained the age of 25 unless it also secures the provision of boarding accommodation for him, the Council may secure the provision of boarding accommodation for him.
A person has a learning difficulty if—
he has a significantly greater difficulty in learning than the majority of persons of his age, or
he has a disability which either prevents or hinders him from making use of facilities of a kind generally provided by institutions providing post-16 education or training.
But a person is not to be taken to have a learning difficulty solely because the language (or form of language) in which he is or will be taught is different from a language (or form of language) which has at any time been spoken in his home.
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In exercising its functions the Council must have due regard to the need to promote equality of opportunity—
between persons of different racial groups,
between men and women, and
between persons who are disabled and persons who are not.
As soon as is reasonably practicable after the end of each financial year of the Council it must publish a report containing—
a statement of the arrangements made under subsection (1) and having effect in the year;
an assessment of how effective the arrangements were in promoting equality of opportunity.
The report must also contain a statement of the arrangements which the Council has made, or proposes to make, under subsection (1) in respect of the financial year immediately following that referred to in subsection (2).
The Council must send a copy of the report to the National Assembly.
“Racial group” has the same meaning as in the Race Relations Act 1976.
Disabled persons are persons who are disabled for the purposes of the Disability Discrimination Act 1995.
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The Council must make a plan for each of its financial years.
The Council must send its plan for its first financial year to the National Assembly as soon as is reasonably practicable after the year starts.
The Council must send its plan for any subsequent financial year of the Council to the National Assembly before the year starts.
A plan for a financial year must include—
proposals as to how the Council intends to achieve in the financial year any objectives which should be achieved in the year in conformity with directions of the National Assembly or with conditions imposed under section 49;
the Council’s financial proposals for the year;
such other matters as the National Assembly specifies.
The National Assembly must approve the plan or require the Council to make specified alterations of it; and if alterations are required the Council must make them.
The Council must publish the plan as approved by the National Assembly or as altered in accordance with the National Assembly’s requirements; and publication must be made at such time and in such manner as the National Assembly specifies.
The Council may make and publish such other plans as it thinks fit; but any such plan must not conflict with a plan for a financial year.
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The Council must formulate a strategy in relation to its functions and keep it under review.
The Council must incorporate in the strategy proposals as to—
how it intends to achieve any objectives contained in directions of the National Assembly;
how it intends to achieve such objectives within any time limits contained in such directions.
The strategy must include proposals as to how the Council intends to develop the skills of persons in employment; but this does not affect the generality of subsection (1).
The Council—
may at any time send to the National Assembly a copy of the strategy as it subsists for the time being;
must at such times as the National Assembly indicates send to the Assembly a copy of the strategy as it subsists for the time being.
The National Assembly must approve the strategy sent to it or require the Council to make specified alterations of it; and if alterations are required the Council must make them.
In exercising its functions the Council must have regard to the strategy as approved by the National Assembly or as altered in accordance with its requirements.
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The Council may do anything which appears to it to be necessary or expedient for the purpose of or in connection with the exercise of its other functions.
In particular it may—
acquire and dispose of land and other property;
enter into contracts;
invest sums not immediately needed for the purpose of exercising its other functions;
accept financial resources (whether as gifts or otherwise);
accept gifts of land and other property.
But the Council has no power—
to borrow money;
to lend money unless the National Assembly consents;
to subscribe for or otherwise acquire shares in or securities of a company unless the National Assembly consents.
The National Assembly may by order confer or impose on the Council such supplementary powers or duties relating to the provision of post-16 education or training as the National Assembly thinks fit.
For the purposes of subsection (4) a power or duty is supplementary if—
it is exercisable in connection with functions of the National Assembly, and
it is relevant to the provision of facilities for post-16 education or training.
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The National Assembly may give directions to the Council; and the directions may include any provisions described in subsections (2) to (4).
Directions may contain—
objectives which the Council should achieve in seeking to carry out its functions;
time limits within which the Council should achieve the objectives;
provision relating to the management of the Council.
Subsection (4) applies if the National Assembly is satisfied that the Council—
has failed to discharge a duty imposed by or under any Act, or
has acted or is proposing to act unreasonably with respect to the exercise of a power conferred or the performance of a duty imposed by or under any Act.
In such a case directions may contain such provision as the National Assembly thinks fit as to the exercise of the Council’s powers and performance of its duties.
Directions may contain provision described in subsection (4) despite any enactment making the exercise of a power or performance of a duty contingent on the Council’s opinion.
Directions may not concern the provision of financial resources in respect of activities carried on by a particular person or persons.
If the National Assembly asks the Council to do so, it must advise the National Assembly on the formulation of objectives and time limits.
The Council must comply with any directions given to it by the National Assembly.
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The National Assembly may make grants to the Council of such amounts and subject to such conditions as the National Assembly thinks fit; and the conditions may include any provisions described below.
The conditions may set the Council’s budget for any of its financial years.
The conditions may—
require the Council to use the grants for specified purposes;
require the Council to comply with specified requirements in respect of every person (or every person of a specified class or description) in securing the provision of specified financial resources to such persons;
enable the National Assembly to require the repayment, in whole or in part, of sums paid by it if any condition imposed is not complied with;
require the payment of interest in respect of any period during which a sum due to the National Assembly in accordance with any condition remains unpaid.
Requirements which may be imposed under subsection (3)(b) include in particular requirements that, if the Council itself provides specified financial resources, it is to impose specified conditions.
The National Assembly may not impose conditions which relate to the Council’s securing of the provision of financial resources to a particular person or persons.
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As soon as is reasonably practicable after the end of each financial year of the Council it must prepare a report on its activities in that year and send a copy of the report to the National Assembly.
A report—
must be in such form and contain such information as the National Assembly may specify in directions to the Council;
must set out any other directions given to the Council under this Part in the financial year to which the report relates.
Following receipt of a copy of a report under this section the National Assembly must arrange for copies of it to be published in such manner as it thinks appropriate.
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the period starting with the date on which it is established and ending with the second 31 March following that date;
each successive period of 12 months.
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There shall be a body corporate called the Adult Learning Inspectorate.
The Inspectorate is to consist of 9 members appointed by the Secretary of State.
The Secretary of State must appoint one of the members as chairman and another of the members as the Inspectorate’s chief officer.
The chief officer is to be known as the Chief Inspector of Adult Learning.
In appointing any member, the Secretary of State must have regard to the desirability of appointing a person who has experience relevant to the Inspectorate’s functions.
The Secretary of State may make grants to the Inspectorate of such amounts and subject to such conditions as he thinks fit.
The conditions may—
set the Inspectorate’s budget for any of its financial years;
require it to use the grants for specified purposes;
enable the Secretary of State to require the repayment, in whole or in part, of sums paid by him if any condition imposed is not complied with;
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.
Schedule 6 contains provisions about the Inspectorate.
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The Inspectorate’s remit is—
further education for persons aged 19 or over which is wholly or partly funded by the Learning and Skills Council for England;
training for persons aged 16 or over so far as it takes place wholly or partly at the premises of an employer and is wholly or partly funded by the Council;
further education funded by a local education authority in England for persons aged 19 or over;
training for persons aged 16 or over which is funded by the Secretary of State under section 2 of the Employment and Training Act 1973;
such other education or training as may be prescribed by regulations made by the Secretary of State.
Regulations made under subsection (1)(e) may include within the Inspectorate’s remit training of or for teachers, lecturers, trainers or other persons engaged in the provision of education or training which otherwise falls within the Inspectorate’s remit.
“Further education” has the same meaning as it has in the Education Act 1996.
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The Inspectorate must keep the Secretary of State informed about—
the quality of the education and training within its remit;
the standards achieved by those receiving that education and training; and
whether the financial resources made available to those providing that education and training are managed efficiently and used in a way which provides value for money.
When asked to do so by the Secretary of State, the Inspectorate must give the Secretary of State advice on such matters relating to education or training within its remit as he may specify.
When asked to do so by the Secretary of State, the Chief Inspector of Adult Learning must conduct inspections of such education or training, or such class of education or training, within the Inspectorate’s remit, at such intervals, as the Secretary of State may specify.
The Inspectorate is to have such other functions in connection with education and training within its remit as the Secretary of State may specify.
The Chief Inspector is to have such other functions in connection with education and training within the Inspectorate’s remit as the Secretary of State may specify.
The functions specified under subsection (4) or (5) may include functions with respect to training of or for teachers, lecturers, trainers or other persons engaged in the provision of education or training which falls within the Inspectorate’s remit.
In exercising their functions, the Inspectorate and the Chief Inspector must have regard to such aspects of government policy as the Secretary of State may specify.
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When an inspection asked for under section 54(3) has been completed, the Chief Inspector of Adult Learning must make a written report on it if asked to do so by the Secretary of State.
The report—
must state whether the Chief Inspector considers the education or training inspected to be of a quality adequate to meet the reasonable needs of those receiving it; and
may deal with such other matters as he considers relevant.
The Chief Inspector must send copies of the report to—
the Secretary of State;
the Learning and Skills Council for England;
any local education authority providing funds for the education or training inspected; and
the provider of the inspected education or training.
Copies may also be sent to such other persons as the Chief Inspector considers appropriate.
The Chief Inspector must arrange for the report to be published in such manner as he considers appropriate.
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The Inspectorate may give advice to the Secretary of State on any matter relating to education or training within its remit.
The Inspectorate may inspect, and report on, any education or training within its remit.
The Inspectorate may inspect any education or training— if asked to do so by the provider of the education or training.
which is not within its remit, but
which would be if it were funded in one of the ways mentioned in section 53,
The Inspectorate may charge for the cost of an inspection conducted under subsection (3).
The Inspectorate must send copies of a report of an inspection conducted under this section otherwise than as a result of a request under subsection (3) to—
the Secretary of State;
the Learning and Skills Council for England;
any local education authority providing funds for the education or training inspected; and
the provider of the inspected education or training.
Copies may also be sent to such other persons as the Inspectorate considers appropriate.
The Inspectorate must arrange for the report to be published in such manner as it considers appropriate.
The Inspectorate may arrange for a report of an inspection carried out as a result of a request under subsection (3) to be published.
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This section applies to an inspection conducted under this Chapter other than one conducted as a result of a request under section 56(3).
An inspector taking part in the inspection has, at all reasonable times—
a right of entry to premises on which the education or training being inspected is provided;
a right of entry to premises of the person providing that education or training used in connection with that provision;
a right to inspect, and take copies of, any records kept by that person, and any other documents containing information relating to the education or training, which the inspector requires for the purposes of the inspection.
In respect of education or training provided by an employer in the workplace, the right of entry conferred by subsection (2) may be exercised only if the employer has been given reasonable notice in writing.
The right to inspect records conferred by subsection (2)(c) includes the right to have access to, and to inspect and check the operation of, any computer and any associated apparatus or material which is or has been in use in connection with the records in question.
That right also includes the right to require— to afford the Inspectorate or any inspector such assistance as he may reasonably require.
the person by whom or on whose behalf the computer is or has been so used, or
any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material,
It is an offence wilfully to obstruct any person exercising functions in relation to an inspection.
A person guilty of such an offence is liable on summary conviction to a fine not exceeding level 4 on the standard scale.
“Inspector”, in relation to an inspection, means an employee of the Inspectorate taking part in the inspection or any person appointed by the Inspectorate to assist with the inspection and includes the Chief Inspector of Adult Learning where the inspection is being conducted by him.
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This section applies if the Inspectorate or the Chief Inspector of Adult Learning publishes a report of an inspection conducted otherwise than as a result of a request under section 56(3).
The provider of the education or training which is the subject of the report must make 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.
The person making the statement must—
publish it within such period, and in such manner, as may be prescribed by regulations made by the Secretary of State; and
send copies of it to such persons as may be so prescribed.
The requirements of subsection (2) may be waived by the Inspectorate or the Chief Inspector.
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The Inspectorate must make an annual report to the Secretary of State.
The Secretary of State must lay a copy of the annual report before each House of Parliament.
The annual report must be in such form and contain such information as the Secretary of State specifies in directions given to the Inspectorate.
The Inspectorate may make such other reports to the Secretary of State, with respect to matters relating to education or training within its remit, as it considers appropriate.
The Inspectorate may publish any report made under this section in such manner as it considers appropriate.
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The following kinds of education and training are brought within the remit of Her Majesty’s Chief Inspector of Schools in England by this Chapter—
secondary education provided in institutions which are in England and within the further education sector;
further education provided in the further education sector which is suitable to the requirements of those aged 16 or over but under 19 and funded wholly or partly by the Learning and Skills Council for England;
further education provided by local education authorities in England for persons aged under 19;
such other education or training (which may, in particular, include training of or for teachers or lecturers) as may be prescribed by regulations made by the Secretary of State.
“Secondary education” and “further education” have the same meaning as they have in the Education Act 1996.
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Her Majesty’s Chief Inspector of Schools in England must keep the Secretary of State informed about—
the quality of the education and training brought within the Chief Inspector’s remit by this Chapter;
the standards achieved by those receiving that education and training; and
whether the financial resources made available to those providing it are managed efficiently and used so as to provide value for money.
When asked to do so by the Secretary of State, the Chief Inspector must—
give him advice on such matters, relating to education or training brought within the Chief Inspector’s remit by this Chapter, as the Secretary of State may specify;
inspect such education or training, or such class of education or training, within that remit as the Secretary of State may specify;
report on the result of an inspection conducted under this section.
The Chief Inspector is to have such other functions in connection with education and training brought within the Chief Inspector’s remit by this Chapter, including functions with respect to the training of or for teachers or lecturers, as the Secretary of State may specify.
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Her Majesty’s Chief Inspector of Schools in England must inspect all institutions within the further education sector other than those providing education or training falling wholly within the remit of the Adult Learning Inspectorate.
Inspections are to be conducted at such intervals as may be specified by the Secretary of State.
When the Chief Inspector has completed an inspection under this section he must make a written report.
The report—
must state whether the Chief Inspector considers the education or training inspected to be adequate to meet the reasonable needs of those receiving it; and
may deal with such other matters as the Chief Inspector considers relevant.
Copies of the report must be sent to—
the Secretary of State;
the Learning and Skills Council for England;
the provider of the education or training inspected.
Copies may also be sent to such other persons as the Chief Inspector considers appropriate.
The Chief Inspector must arrange for the report to be published in such manner as he considers appropriate.
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This section applies to an inspection conducted under section 61(2)(b), 62, 65 or 68(2).
When conducting an inspection, Her Majesty’s Chief Inspector of Schools in England has, at all reasonable times—
a right of entry to premises on which the education or training being inspected is provided;
a right of entry to premises of the provider of that education or training used in connection with that provision;
a right to inspect, and take copies of, any records kept by that person, and any other documents containing information relating to the education or training, which the Chief Inspector requires for the purposes of the inspection.
The right to inspect conferred by subsection (2)(c) includes the right to have access to, and to inspect and check the operation of, any computer and any associated apparatus or material which is or has been in use in connection with the records in question.
That right also includes the right to require— to afford the Chief Inspector such assistance as he may reasonably require.
the person by whom or on whose behalf the computer is or has been so used, or
any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material,
It is an offence wilfully to obstruct the Chief Inspector in the exercise of functions in relation to an inspection.
A person guilty of such an offence is liable on summary conviction to a fine not exceeding level 4 on the standard scale.
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This section applies if Her Majesty’s Chief Inspector of Schools in England publishes a report of an inspection conducted under section 61(2)(b), 62 or 68(2).
The provider of the education or training which is the subject of the report must prepare a written statement of the action which he proposes to take in the light of the report and the period within which he proposes to take it.
The person making the statement must—
publish it within such period, and in such manner, as may be prescribed by regulations made by the Secretary of State; and
send copies of it to such persons as may be so prescribed.
The requirements of subsection (2) may be waived by the Chief Inspector.
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If asked to do so by the Secretary of State, Her Majesty’s Chief Inspector of Schools in England must inspect—
the quality and availability of a specified description of education or training, in a specified area in England, for persons who are aged 16 or over but under 19;
the standards achieved by those receiving that education or training; and
whether the financial resources made available to those providing that education and training are managed efficiently and used in a way which provides value for money.
The Chief Inspector may, without being asked to, conduct such an inspection.
If financial resources have been applied by the Learning and Skills Council for England or a local education authority in respect of education or training which is being inspected under this section, the inspection may extend to considering the manner in which those resources have been applied and whether they have been applied in a way which provides value for money.
The education or training that may be made the subject of an area inspection is any education or training within—
the Chief Inspector’s remit (whether as a result of this Chapter or of any other enactment); or
the Adult Learning Inspectorate’s remit.
If, in connection with an area inspection, the Chief Inspector asks the Chief Inspector of Adult Learning for advice on a matter relating to education or training within the Inspectorate’s remit, he must give such advice as he considers likely to be appropriate for the purposes of the inspection.
If the Chief Inspector asks the Chief Inspector of Adult Learning to undertake a specified part of an area inspection, he must do so.
A provider of education or training which is the subject of an area inspection must—
provide the Chief Inspector with any information reasonably asked for by him in connection with the inspection;
provide the Chief Inspector of Adult Learning with any information reasonably asked for by him in connection with the inspection.
Any local education authority whose area, or part of whose area, is within the area which is the subject of an area inspection must provide the Chief Inspector with such information as the Chief Inspector may reasonably ask for in connection with the inspection.
“Area inspection” means an inspection under this section.
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On completing an area inspection, Her Majesty’s Chief Inspector of Schools in England must make a written report.
In preparing the report the Chief Inspector must ensure that the views of the Chief Inspector of Adult Learning in relation to the subject matter of the inspection, so far as— are properly recorded in the report.
the Chief Inspector is aware of them, and
they relate to matters within the Inspectorate’s remit,
The Chief Inspector must send a copy of the report to—
the Secretary of State,
the Learning and Skills Council for England;
the Adult Learning Inspectorate;
each local education authority whose area, or part of whose area, falls within the area which is the subject of the inspection; and
such other persons as he considers appropriate.
The Chief Inspector must arrange for the report to be published in such manner as he considers appropriate.
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This section applies if Her Majesty’s Chief Inspector of Schools in England publishes a report of an area inspection conducted under section 65.
The Secretary of State may direct the Learning and Skills Council for England to prepare a written statement of the action which it proposes to take in the light of the report and the period within which it proposes to take it.
The Secretary of State may direct a local education authority whose area is wholly or partly in the area covered by the report to prepare a written statement of the action which they propose to take in the light of the report and the period within which they propose to take it.
In preparing the statement the Council or the authority must consult such persons as the Secretary of State may direct.
The person making the statement must—
publish it within such period, and in such manner, as may be prescribed by regulations made by the Secretary of State; and
send copies of it to such persons as may be so prescribed.
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Her Majesty’s Chief Inspector of Schools in England may give advice to the Secretary of State on any matter relating to education or training of a kind brought within his remit by this Chapter.
The Chief Inspector may—
inspect any education or training of that kind;
report to the Secretary of State on any such inspection; and
arrange for any such report to be published in such manner as he considers appropriate.
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The Inspectorate and Her Majesty’s Chief Inspector of Schools in England must devise a common set of principles applicable to all inspections conducted under this Part.
When they have settled those principles in accordance with the provisions of section 70 they must set them out in a document to be known as the Common Inspection Framework (but referred to in this Part as “the framework”).
They must then publish the framework in such a way as they consider appropriate.
The first framework must be settled and come into effect by such date as the Secretary of State may direct.
The Inspectorate and the Chief Inspector, acting together, may at any time revise the framework.
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The Inspectorate and Her Majesty’s Chief Inspector of Schools in England must prepare a draft of the proposed framework and publish it in such a way as they think best calculated to draw it to the attention of the public.
They must consult— about the draft framework, allowing at least three months for those consulted to respond.
the Secretary of State,
the Learning and Skills Council for England, and
such other persons as they consider appropriate,
In settling the terms of the framework the Inspectorate and the Chief Inspector must have regard to the results of their consultations on the draft.
If at any time while preparing the draft framework or settling the terms of the framework, the Inspectorate and the Chief Inspector are unable to agree on any matter—
they may refer their disagreement to the Secretary of State; and
must have regard to any advice that he gives them.
If they are still unable to agree on the matter they must tell the Secretary of State and comply with any direction that he gives them as to how to resolve their disagreement.
If the Inspectorate and the Chief Inspector propose to revise the framework they must prepare a draft of the proposed revision and publish it, together with an explanation of the effect that it would have, in such a way as they think best calculated to draw it to the attention of the public.
Subsections (2) to (5) apply equally to a revision of the framework.
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The Secretary of State may by regulations make provision for inspections to be carried out under this Part as joint inspections under the direction of Her Majesty’s Chief Inspector of Schools in England in cases in which a person provides—
education or training of a kind that is within the remit of the Inspectorate, and
education or training of a kind brought within the Chief Inspector’s remit by Chapter II.
The regulations may, in particular, make provision—
as to the circumstances in which a joint inspection must be conducted;
as to the circumstances in which a joint inspection may be conducted;
for establishing the circumstances of a particular case;
requiring a joint inspection to be conducted according to a plan prepared by the Chief Inspector in accordance with the regulations;
for provisions of this Part to apply in relation to a joint inspection with such modifications as may be prescribed;
for the preparation and publication of a single report by the Chief Inspector of the results of a joint inspection;
for the making by such persons as may be prescribed of written statements of proposed action (in the light of the report) and of the period within which any such action may be taken.
The person making a statement required by provision made as a result of subsection (2)(g) must—
publish it within such period, and in such manner, as may be prescribed; and
send copies of it to such persons as may be prescribed.
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For the purposes of the law of defamation a report published under a provision of, or made as a result of, this Part is privileged unless its publication is shown to have been made with malice.
Nothing in subsection (1) limits any privilege subsisting apart from that subsection.
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In any provision of, or made under, any enactment—
for “Her Majesty’s Chief Inspector of Schools in Wales” substitute “ Her Majesty’s Chief Inspector of Education and Training in Wales or Prif Arolygydd Ei Mawrhydi dros Addysg a Hyfforddiant yng Nghymru ”; and
for “Her Majesty’s Inspectors of Schools in Wales” substitute “ Her Majesty’s Inspectors of Education and Training in Wales or Arolgwyr Ei Mawrhydi dros Addysg a Hyfforddiant yng Nghymru ”.
In this Part—
“Council” means the National Council for Education and Training for Wales or Cyngor Cenedlaethol Cymru dros Addysg a Hyfforddiant; and
...
“the National Assembly” means the National Assembly for Wales.
“the National Assembly” means the National Assembly for Wales.
In this Part, any reference to the Chief Inspector for Wales is to be read as a reference to Her Majesty’s Chief Inspector of Education and Training in Wales or Prif Arolygydd Ei Mawrhydi dros Addysg a Hyfforddiant yng Nghymru.
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The following kinds of education and training are brought within the remit of the Chief Inspector for Wales by this Part—
education or training for persons aged 16 or over where the provider of the education or training is given financial support by the Council or by a local education authority in Wales (either generally or for a specific purpose);
education or training for persons aged 16 or over where the Council is, or a local education authority in Wales are, contemplating giving the provider of the education financial support (either generally or for a specific purpose);
education or training provided for persons of compulsory school age in an institution in Wales which is within the further education sector;
further education provided by a school under section 80 of the School Standards and Framework Act 1998;
such other education or training in Wales as may be prescribed by regulations made by the National Assembly.
Neither paragraph (a) nor paragraph (b) of subsection (1) applies—
to education of a kind that may be inspected under the Schools Inspections Act 1996; or
if the financial support mentioned in that paragraph is given for a specific purpose, to education or training at which that support is not directed.
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The Chief Inspector for Wales must keep the National Assembly informed about—
the quality of the education and training which is brought within the remit of the Chief Inspector for Wales by this Part;
the standards achieved by those receiving that education and training; and
whether the financial resources made available to those providing it are managed efficiently and used so as to provide value for money.
When asked to do so by the National Assembly, the Chief Inspector for Wales must—
give the National Assembly advice on such matters, relating to education and training brought within the remit of the Chief Inspector for Wales by this Part, as the National Assembly may specify;
inspect such education or training, or such class of education or training, within that remit as the National Assembly may specify;
report on the result of an inspection conducted under this section.
The Chief Inspector for Wales is to have such other functions in connection with education and training brought within the remit of the Chief Inspector for Wales by this Part as the National Assembly may specify.
The functions specified under subsection (3) may include functions with respect to training of or for teachers, lecturers, trainers or other persons engaged in the provision of education or training which is brought within the remit of the Chief Inspector for Wales by this Part.
In exercising functions under this Part, the Chief Inspector for Wales must have regard to—
advice given by the National Assembly; and
such aspects of the National Assembly’s policy as the National Assembly may specify.
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The Chief Inspector for Wales must inspect education and training brought within the remit of the Chief Inspector for Wales by this Part.
Inspections are to be conducted at such intervals as may be prescribed.
The Chief Inspector for Wales must report in writing on—
the quality of the education or training inspected;
the standards achieved by those receiving that education or training; and
whether the financial resources made available to the provider of the education or training are managed efficiently and used in a way which provides value for money.
The report under subsection (3) must be made within such period as may be prescribed.
The Chief Inspector for Wales must without delay send a copy of the report under subsection (3) to—
the National Assembly;
the Council;
any local education authority providing funds for the education or training inspected; and
the provider of the inspected education or training.
Copies may also be sent to such other persons as the Chief Inspector for Wales considers appropriate.
A copy may be supplied under subsection (6) free of charge or on payment of such fee, not exceeding the cost of supplying the copy, as the Chief Inspector for Wales may determine.
The Chief Inspector for Wales must arrange for the report to be published in such manner as he considers appropriate.
“Prescribed” means prescribed in regulations made by the National Assembly.
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The Chief Inspector for Wales may give advice to the National Assembly on any matter relating to education or training brought within the remit of the Chief Inspector for Wales by this Part.
The Chief Inspector for Wales may inspect, and report on, any education or training of that kind.
The Chief Inspector for Wales may inspect any education or training— if the provider of the education or training asks the Chief Inspector for Wales to do so.
which is not of that kind, but
which would be if it were funded in one of the ways mentioned in section 75,
The Chief Inspector for Wales may charge for the cost of an inspection conducted under subsection (3).
Subsections (5) to (8) of section 77 apply to a report under subsection (2) as they apply to a report under that section.
The Chief Inspector for Wales may arrange for a report of an inspection carried out as a result of a request under subsection (3) to be published.
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When conducting an inspection under this Part, the Chief Inspector for Wales has, at all reasonable times—
a right of entry to premises on which the education or training being inspected is provided;
a right of entry to premises of the provider of that education or training which are used in connection with that provision;
a right to inspect, and take copies of, any records kept by that person, and any other documents containing information relating to the education or training, which the inspector requires for the purposes of the inspection.
In respect of education or training provided by an employer in the workplace, the right of entry conferred by subsection (1) may be exercised only if the employer has been given reasonable notice in writing.
The right to inspect records conferred by subsection (1)(c) includes the right to have access to, and to inspect and check the operation of, any computer and any associated apparatus or material which is or has been in use in connection with the records in question.
That right also includes the right to such assistance from— as the Chief Inspector for Wales may reasonably require.
the person by whom or on whose behalf the computer is or has been so used, or
any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material,
It is an offence wilfully to obstruct the Chief Inspector for Wales in the exercise of functions in relation to an inspection under this Part.
A person guilty of such an offence is liable on summary conviction to a fine not exceeding level 4 on the standard scale.
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This section applies if the Chief Inspector for Wales publishes a report of an inspection.
But it does not apply to a report of an inspection conducted—
as a result of a request under section 78(3); or
under section 83.
The provider of the education or training which is the subject of the report must prepare a written statement of the action which he proposes to take in the light of the report and the period within which he proposes to take it.
The person making the statement must—
publish it within such period, and in such manner, as may be prescribed by regulations made by the National Assembly; and
send copies of it to such persons as may be so prescribed.
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The Chief Inspector for Wales may, at the request of the Secretary of State or the Chief Inspector for England , inspect any education or training provided in Wales by the Secretary of State in accordance with arrangements made under section 2 of the Employment and Training Act 1973.
A report of an inspection conducted under this section at the request of the Secretary of State must be given to the Secretary of State.
The Secretary of State may arrange for the report to be published in such manner as he considers appropriate.
A report of an inspection conducted under this section at the request of the Chief Inspector for England must be given to that Chief Inspector.
The Chief Inspector for England may arrange for the report to be published in such manner as he considers appropriate.
The Chief Inspector for Wales must send a copy of any report under subsection (2) or (4) to the National Assembly.
In this section “the Chief Inspector for England” means Her Majesty's Chief Inspector of Education, Children's Services and Skills.
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If asked to do so by the National Assembly, the Chief Inspector for Wales must inspect—
the quality and availability of a specified description of education or training, in a specified area in Wales, for persons who are aged 16 or over;
the standards achieved by those receiving that education or training; and
whether the financial resources made available to those providing that education and training are managed efficiently and used in a way which provides value for money.
The Chief Inspector for Wales may, without being asked to, conduct such an inspection.
If financial resources have been applied by the Council or a local education authority in respect of education or training which is being inspected under this section, the inspection may extend to considering the manner in which those resources have been applied and whether they have been applied in a way which provides value for money.
The education or training that may be made the subject of an area inspection is any education or training within the remit of the Chief Inspector for Wales (whether as a result of this Part or of any other enactment).
A provider of education or training which is the subject of an area inspection must provide such information as the Chief Inspector for Wales may reasonably require in connection with the inspection.
The Council and any local education authority within the area which is the subject of an area inspection must provide such information as the Chief Inspector for Wales may reasonably require in connection with the inspection.
The National Assembly may by regulations make further provision with respect to the obligation to provide information imposed by this section.
On completing an area inspection, the Chief Inspector for Wales must make a written report.
Subsections (4), (5)(a) to (c) and (6) to (9) of section 77 apply to a report under this section as they apply to a report under that section.
“Area inspection” means an inspection under this section.
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This section applies if the Chief Inspector for Wales publishes a report of an area inspection conducted under section 83.
The National Assembly may direct the Council to prepare a written statement of the action which it proposes to take in the light of the report and the period within which it proposes to take it.
The National Assembly may direct a local education authority whose area is wholly or partly in the area covered by the report to prepare a written statement of the action which they propose to take in the light of the report and the period within which they propose to take it.
In preparing the statement the Council or the authority must consult such persons as the National Assembly may direct.
The person making the statement must—
publish it within such period, and in such manner, as may be prescribed by regulations made by the National Assembly; and
send copies of it to such persons as may be so prescribed.
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The National Assembly may direct the Chief Inspector for Wales to carry out—
a survey of Wales, or of a specified area within Wales, in respect of specified matters relating to policy concerned with education or training for persons aged 16 or over; or
a comparative study of the provision made outside Wales in respect of specified matters relating to such education or training.
The Chief Inspector for Wales may, without being directed to, carry out a survey or study of that kind.
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The annual report of the Chief Inspector for Wales required by section 5(7)(a) of the School Inspections Act 1996 must include an account of the exercise of functions of the Chief Inspector for Wales under this Part.
The power conferred by that section to make other reports includes a power to make reports with respect to matters relating to education or training which is brought within the remit of the Chief Inspector for Wales by this Part.
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The Chief Inspector for Wales must, for the purposes of the consultation required under section 104(4) of the 1998 Act (funding of HM Chief Inspector of Education and Training for Wales), prepare a plan for each financial year.
The plan must be submitted to the National Assembly by such time before the beginning of the financial year to which it relates as the National Assembly may direct.
The plan must contain estimates of—
the expenditure necessary, in the financial year to which the plan relates, in order to secure that the functions of the Chief Inspector for Wales are discharged effectively; and
the income which the Chief Inspector for Wales will receive in that financial year and which may be applied towards meeting the expenses of the Chief Inspector for Wales.
The plan must also contain proposals for the management of any funds which may be provided by the National Assembly for that financial year.
The Chief Inspector for Wales may, after the plan has been approved under section 104(4A) of the 1998 Act, publish it in such manner and at such time as appear to the Chief Inspector for Wales to be appropriate.
“The 1998 Act” means the Government of Wales Act 1998.
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For the purposes of the law of defamation, any report under this Part is privileged unless its publication is shown to have been made with malice.
Nothing in subsection (1) limits any privilege subsisting apart from that subsection.
On the appointed day—
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 appointed day is the day appointed under section 154 for the commencement of this section.
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The Secretary of State may make a scheme providing for the transfer of any of the property, rights and liabilities of the Further Education Funding Council for England to any of the listed transferees.
The listed transferees are—
the Secretary of State;
Her Majesty’s Chief Inspector of Schools in England;
the Adult Learning Inspectorate.
A scheme under this section may include such supplementary, incidental, consequential or transitional provisions as the Secretary of State thinks are appropriate.
A scheme under this section comes into force on the day it specifies for it to come into force.
When a scheme under this section comes into force it has effect to transfer (in accordance with its provisions) the property, rights and liabilities to which it applies.
The day specified by a scheme under this section for the scheme to come into force must fall before the day appointed under section 154 for the commencement of section 89.
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On the appointed day—
the Further Education Funding Council for Wales 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 National Council for Education and Training for Wales.
The appointed day is the day appointed under section 154 for the commencement of this section.
The Secretary of State may make a scheme providing for the transfer of any of his property, rights and liabilities to any of the listed persons.
The Secretary of State may make a scheme providing for the transfer of any of the property, rights and liabilities of a listed person to any other listed person.
The Secretary of State may make a scheme providing for the transfer to any listed person of any of the property, rights and liabilities of a person with whom the Secretary of State has made arrangements under section 2 of the Employment and Training Act 1973 (arrangements regarding employment).
The listed persons are—
the Learning and Skills Council for England;
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A scheme under this section may include such supplementary, incidental, consequential or transitional provisions as the Secretary of State thinks are appropriate.
A scheme under this section comes into force on the day it specifies for it to come into force.
When a scheme under this section comes into force it has effect to transfer (in accordance with its provisions) the property, rights and liabilities to which it applies.
If a scheme under subsection (1) includes provision for the transfer of liabilities, the day specified by the scheme for it to come into force must not fall after the end of the period of 3 years starting with the day appointed under section 154 for the commencement of section 89.
The day specified by a scheme under subsection (2) or (3) for the scheme to come into force must not fall after the end of the period of 3 years starting with the day appointed under section 154 for the commencement of section 89.
A scheme under subsection (3) is invalid unless it is made with the consent of the person from whom the transfer is to be made.
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The National Assembly for Wales may make a scheme providing for the transfer of any of its property, rights and liabilities to the National Council for Education and Training for Wales.
The National Assembly may make a scheme providing for the transfer to the Council of any of the property, rights and liabilities of a person with whom the National Assembly has made arrangements under section 2 of the Employment and Training Act 1973 (arrangements regarding employment).
A scheme under this section may include such supplementary, incidental, consequential or transitional provisions as the National Assembly thinks are appropriate.
A scheme under this section comes into force on the day it specifies for it to come into force.
When a scheme under this section comes into force it has effect to transfer (in accordance with its provisions) the property, rights and liabilities to which it applies.
If a scheme under subsection (1) includes provision for the transfer of liabilities, the day specified by the scheme for it to come into force must not fall after the end of the period of 3 years starting with the day appointed under section 154 for the commencement of section 91.
The day specified by a scheme under subsection (2) for the scheme to come into force must not fall after the end of the period of 3 years starting with the day appointed under section 154 for the commencement of section 91.
A scheme under subsection (2) is invalid unless it is made with the consent of the person from whom the transfer is to be made.
A transfer effected by virtue of section 89 ... is not to give rise to liability to stamp duty.
Stamp duty is not to be chargeable on a scheme made under section 92.
This section applies if rights and liabilities under a contract of employment are transferred by virtue of—
section 89 ... or
a scheme under section 92.
Anything done by or in relation to the transferor in respect of the employee before the day on which the transfer takes effect is to be treated on and after that day as done by or in relation to the transferee.
For the purposes of Part XI of the Employment Rights Act 1996 (redundancy payments etc) the employee is not to be regarded as having been dismissed by virtue of the transfer.
For the purposes of that Act the employee’s period of employment with the transferor is to count as a period of employment with the transferee, and the change of employment is not to break the continuity of the period of employment.
The preceding provisions do not prejudice any right of the employee to terminate the contract of employment if a substantial change is made to his detriment in his working conditions, but no such right arises by reason only of the change in employer effected by the transfer.
For the purposes of this section—
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.
For the purposes of stamp duty land tax, a land transaction effected by a scheme under section 92 or 93 is exempt from charge.
Relief under this section must be claimed in a land transaction return or an amendment of such a return.
In this section—
“land transaction” has the meaning given by section 43(1) of the Finance Act 2003;
“land transaction return” has the meaning given by section 76(1) of that Act.
This section applies to a course of education or training—
which is provided (or proposed to be provided) by or on behalf of a school or institution or employer,
which leads to a 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.
Unless the relevant qualification is approved under section 98 ..., the course must not be—
funded by an authorised body (as defined in section 100), or
provided by or on behalf of a maintained school in England .
In relation to a maintained school, the local authority and the governing body must carry out their functions with a view to securing that subsection (2)(b) is not contravened.
The course mentioned in subsection (1) may be one of two or more components leading to the same qualification.
In this section “a relevant qualification” means a qualification to which Part 7 of the Apprenticeships, Skills, Children and Learning Act 2009 applies.
a course for the further training of teachers or youth and community workers;
a post-graduate course (including a higher degree course);
a first degree course;
a course for the Diploma of Higher Education;
a course for the Certificate in Education.
A qualification is awarded by an outside person if it is awarded by a person other than—
the school or institution or employer, or
a member of the staff of the school or institution or employer.
A qualification is authenticated by an outside person if it is awarded by the school or institution or employer and is authenticated by a person other than—
the school or institution or employer, or
a member of the staff of the school or institution or employer.
In this section and sections 100 to 101 “local authority” has the same meaning as “local authority in England” in the Education Act 1996 (see section 579(1) of that Act).
These are maintained schools—
a community, foundation or voluntary school;
a community or foundation special school.
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This section applies if an institution or employer—
receives financial resources from an authorised body (as defined in section 100), and
provides for persons who have attained the age of 19 a course of education or training which leads to an external qualification.
The authorised body must carry out its functions with a view to securing that, unless the external qualification is approved under section 98 or 99, the institution or employer does not make a payment which—
is a payment in respect of the qualification,
is made to the outside person who awards or authenticates the qualification, and
can reasonably be said to consist of or come from the financial resources received from the authorised body (or those resources and others).
The course mentioned in subsection (1) may be one of two or more components leading to the same qualification.
An external qualification is a qualification awarded or authenticated by an outside person, other than a qualification resulting from any of these courses—
a course for the further training of teachers or youth and community workers;
a post-graduate course (including a higher degree course);
a first degree course;
a course for the Diploma of Higher Education;
a course for the Certificate in Education.
A qualification is awarded by an outside person if it is awarded by a person other than the institution or employer or a member of its or his staff.
A qualification is authenticated by an outside person if it is awarded by the institution or employer and is authenticated by a person other than the institution or employer or a member of its or his staff.
A payment in respect of a qualification includes a payment in respect of—
devising, administering, verifying or certifying the qualification;
setting or moderating examinations for the purposes of the qualification;
registering, assessing or examining candidates.
This section has effect for the purposes of section 96 ....
A qualification is approved at a given time if—
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.
Approval may be given generally or in relation to particular cases.
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A qualification may be approved only if—
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 Secretary of State may at any time revoke—
a designation;
an approval given by him;
an approval given by a designated body.
The conditions are that—
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 designated body may at any time revoke an approval given by it.
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This section has effect for the purposes of sections 96 and 97 in their application to Wales.
A qualification is approved at a given time if—
it is then approved by the National Assembly for Wales, or
it is then approved by a body then designated by the National Assembly for the purposes of this section.
Approval may be given generally or in relation to particular cases.
An approval given by a designated body is ineffective unless the National Assembly consents to the approval.
The National Assembly may at any time revoke—
a designation;
an approval given by the National Assembly;
an approval given by a designated body.
A designated body may at any time revoke an approval given by it.
If the National Assembly asks the Qualifications, Curriculum and Assessment Authority for Wales to do so, it must advise the National Assembly on any approval the National Assembly proposes to give under subsection (2)(a).
If a designated body asks the Qualifications, Curriculum and Assessment Authority for Wales to do so, it must advise the body on any approval the body proposes to give under subsection (2)(b).
For the purposes of section 96 ... these are authorised bodies—
the Learning and Skills Council for England;
a local authority ;
a body specified by order by the Secretary of State for the purposes of this section.
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the National Council for Education and Training for Wales;
a local education authority;
a body specified by order by the National Assembly for Wales for the purposes of this section.
This section has effect for the purposes of section 96 ..., and it applies if the Secretary of State is satisfied that—
a local authority or specified body has failed to comply with section 96(2)(a) or is proposing to do so, or
a local authority or governing body has failed to comply with section 96(3) or is proposing to do so, ...
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The Secretary of State may give such directions to the authority or body as he thinks fit.
An authority or body must comply with any directions given to it under this section.
A specified body is a body specified under section 100(1)(c).
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This section has effect for the purposes of sections 96 and 97 in their application to Wales, and it applies if the National Assembly for Wales is satisfied that—
a local education authority or specified body has failed to comply with section 96(2)(a) or is proposing to do so,
a local education authority or governing body has failed to comply with section 96(3) or is proposing to do so, or
a local education authority or specified body has failed to comply with section 97(2) or is proposing to do so.
The National Assembly may give such directions to the authority or body as it thinks fit.
An authority or body must comply with any directions given to it under this section.
A specified body is a body specified under section 100(2)(c).
The Education Act 1997 shall be amended as follows.
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in subsection (1) omit “or by subsection (3)”;
in subsection (2) for “(g)” substitute “(gg)”;
omit subsection (3).
In section 37 (requirement for approval of certain courses leading to external qualifications) omit subsections (1) to (4) and in subsection (5) the words “, which are superseded by this section,”.
Subsection (2) applies if a provision contained in or made under an enactment requires an account to qualify under this section (or to qualify under it at a particular time).
The provision is to be taken to require the account to satisfy conditions specified by the Secretary of State in regulations made under this section (or to satisfy them at the time concerned).
These conditions may be included—
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 institution with which an account may be held may themselves specify the description or may allow the Secretary of State to specify it in a way he thinks fit.
The regulations may provide that a specification of a description of institution with which an account may be held may include a requirement for institutions to have the benefit of approvals which have been given by the Secretary of State and not withdrawn.
The regulations may contain provision securing that an individual may not simultaneously hold more than one account which qualifies under this section.
The power to make regulations under this section is to be exercised by the Scottish Ministers so far as those regulations are to have effect for the purposes of any provision of, or made under, an Act of the Scottish Parliament authorising grants to be paid to, or in respect of, individuals in connection with their education or training; and for this purpose references in this section to the Secretary of State are to be treated as references to the Scottish Ministers.
For the purposes of this section an enactment includes an Act of the Scottish Parliament.
Subsection (2) applies if a provision contained in or made under an enactment requires arrangements to qualify under this section (or to qualify under it at a particular time).
The provision is to be taken to require the arrangements to satisfy conditions specified by the Secretary of State in regulations made under this section (or to satisfy them at the time concerned).
These conditions may be included—
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.
Conditions as to the description of body with which arrangements may be made may themselves specify the description or may allow the Secretary of State to specify it in a way he thinks fit.
The regulations may provide that a specification of a description of body with which arrangements may be made may include a requirement for bodies to have the benefit of approvals which have been given by the Secretary of State and not withdrawn.
The regulations may contain provision securing that an individual may not simultaneously—
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 fall within this subsection if they are—
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.
Subsection (2) applies if a provision contained in or made under an enactment requires arrangements to qualify under this section (or to qualify under it at a particular time).
The provision is to be taken to require the arrangements to satisfy conditions specified by the Department for Employment and Learning in Northern Ireland in regulations made under this section (or to satisfy them at the time concerned).
Subsections (3) to (7) of section 105 apply to regulations under this section as they apply to regulations under that section; and for this purpose—
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.
The Secretary of State (or a person designated by him) may make arrangements with a body in connection with the making by that body of arrangements which qualify under section 105.
Arrangements under subsection (1) may include provision for the remuneration of a body and the payment of its expenses.
Arrangements under subsection (1) may include provision for a person designated by the Secretary of State to carry out on his behalf such of his functions under the arrangements as he specifies.
The Secretary of State may pay— remuneration or amounts to meet the person’s expenses.
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,
The Department forEmployment and Learning in Northern Ireland (or a person designated by it) may make arrangements with a body in connection with the making by that body of arrangements which qualify under section 106.
Subsections (2) to (4) apply to arrangements under subsection (5) as they apply to arrangements under subsection (1); and for this purpose references in subsections (2) to (4) to the Secretary of State are to be treated as references to the Department.
The Secretary of State may make regulations authorising grants to be paid to or in respect of individuals in connection with their education or training.
The regulations must provide that grants may be paid only to or in respect of individuals—
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.
The regulations may provide that grants may not be paid unless other specified conditions are satisfied.
These conditions may be included—
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.
The regulations may provide—
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.
Conditions as to the kinds of education or training which qualify may include provision for the kinds to be specified—
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.
The regulations may provide that a specification of the kinds of education or training which qualify may include a requirement for the education or training to be provided by persons for the time being approved—
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.
The Department for Employment and Learning in Northern Ireland may make regulations authorising grants to be paid to or in respect of individuals in connection with their education or training.
The regulations must provide that grants may be paid only to or in respect of individuals—
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.
Subsections (3) to (7) of section 108 apply to regulations under this section as they apply to regulations under that section; and for this purpose—
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.
After section 2(2) of the Education Act 1996 (definition of secondary education) there shall be inserted—
Subsections (3) to (5) apply to an institution which would become a school on the coming into force of subsection (1) (by virtue of section 4(1) of the Education Act 1996 (schools)).
An institution to which this subsection applies shall not be treated as being a school by virtue of section 4(1) of that Act unless it has been established as a new school in accordance with section 28(1)(a) or (2)(a) or 31(1)(a) of the School Standards and Framework Act 1998 (community or foundation mainstream or special school).
A local authority may not continue to maintain an institution to which this subsection applies in pursuance of section 15A of the Education Act 1996 (education for 16 to 18 year olds).
Section 16A(2) of the Further and Higher Education Act 1992 (incorporation of further education institutions) shall not apply in relation to an institution to which this subsection applies.
In this section “local authority” has the same meaning as in the Education Act 1996 (see section 579(1) of that Act).
The following shall be substituted for section 16(2) and (3) of the Further and Higher Education Act 1992 (incorporation of further education institutions)—
Section 51 of that Act (publication of proposals) shall be amended as follows—
for subsection (3)(b) substitute—, and
after subsection (3) insert—
In section 28(3) of the Further and Higher Education Act 1992 (designation of institutions for funding) the following shall be inserted after subsection (3)—
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Schedule 7 (inadequate sixth-forms) shall have effect.
Expressions used in that Schedule and in the School Inspections Act 1996 have the same meaning in that Schedule as in that Act.
Sections 496 and 497 of the Education Act 1996 (intervention) shall have effect in relation to powers and duties conferred or imposed by virtue of Schedule 7 as if—
those powers and duties were conferred or imposed by the Education Act 1996, and
the bodies specified in sections 496(2) and 497(2) were any local education authority, any school organisation committee and the governing body of any maintained school (within the meaning given by section 20(7) of the School Standards and Framework Act 1998).
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The Secretary of State may provide or secure the provision of services which he thinks will encourage, enable or assist (directly or indirectly) effective participation by young persons in education or training.
In securing the provision of those services the Secretary of State may, in particular—
make arrangements with local authorities and other persons for the provision of services;
direct local education authorities to provide services, to secure the provision of services or to participate in the provision of services.
Arrangements and directions under subsection (2) may include provision—
for grants, loans and other kinds of financial assistance to be provided by the Secretary of State (whether or not on conditions);
requiring persons with whom arrangements are made or to whom directions are given to have regard to guidance issued by the Secretary of State.
In this section “young persons” means persons who have attained the age of 13 but not the age of 20.
A direction under this section may be revoked or varied by a later direction.
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Before providing or securing the provision of services of the kind mentioned in section 114(1) for residents of a particular place or area, the Secretary of State shall consult each of the following with responsibility for all or part of the place or area—
a local authority,
a Health Authority,
a chief officer of police,
a police authority,
a probation committee,
a youth offending team, and
a Primary Care Trust.
The Secretary of State shall also consult—
any voluntary body which provides services for young persons in the place or area concerned and which the Secretary of State thinks it appropriate to consult, and
such other persons as he thinks appropriate.
Subsection (4) applies where the Secretary of State— services of the kind mentioned in section 114(1) for the residents of a particular place or area.
provides or proposes to provide, or
secures or proposes to secure the provision of,
Where this subsection applies, persons and bodies listed in subsection (1) with responsibility for all or part of that place or area shall—
exercise their functions so as to support and assist the services provided, secured or proposed by the Secretary of State, and
coordinate the exercise of their functions, so far as seems reasonable, with persons providing those services.
Subsection (4) shall not require persons or bodies to take action which would significantly interfere with the efficient or effective exercise of their functions.
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A local education authority—
may enter into arrangements under section 114(2)(a) for the provision of services of the kind mentioned in section 114(1),
shall comply with a direction given to it under section 114(2)(b), and
may provide, secure the provision of or participate in the provision of services of the kind mentioned in section 114(1) otherwise than in accordance with paragraph (a) or (b).
Action which a local education authority takes in pursuance of subsection (1) may relate to services for a person from another area.
For the purpose of subsection (1) a local education authority may—
incur expenditure;
form companies;
employ officers;
enter into agreements for the supply of goods or services;
do anything else which they consider necessary or expedient.
Nothing in or done under section 114 shall prejudice any power of a local education authority to provide services or incur expenditure.
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Where a person is involved in the provision of services in pursuance of section 114(1), an educational institution to which this section applies shall, for the purpose of the provision of 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.
Information shall not be provided under subsection (1)(c)—
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.
This section applies to the following institutions—
community, foundation and voluntary schools,
community or foundation special schools (other than those established in hospitals),
city technology colleges, city colleges for the technology of the arts and city academies,
pupil referral units,
institutions within the further education sector, and
institutions in receipt of funding from the Learning and Skills Council for England.
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Her Majesty’s Chief Inspector of Schools in England—
shall advise the Secretary of State on request about matters relating to services provided in pursuance of section 114(1),
may give the Secretary of State other advice about those matters,
shall, when requested to do so by the Secretary of State, 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.
A request under subsection (1)(c)—
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.
A reference in subsection (1) to the provision of services includes a reference to the management and use of resources in providing services.
Subsections (5) to (7) apply to an inspection under subsection (1)(c) or (d) of services provided by a person or institution in pursuance of section 114(1).
A person carrying out or participating in the inspection shall have the same powers as an Inspector of Schools under the following provisions of the School Inspections Act 1996—
section 3(3)(a) and (b) (right of access), and
section 42 (computer records).
Section 42A of the 1996 Act (publication of reports) shall apply.
A person who wilfully obstructs a person in carrying out or participating in the inspection—
shall be guilty of an offence, and
shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.
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The Secretary of State may supply information, including social security information, to any civil servant or other person for the purpose of the provision of services of the kind mentioned in section 114(1).
In this section “social security information” means personal information about a young person which is obtained by the Secretary of State in the course of the exercise of a function under—
the Social Security Contributions and Benefits Act 1992, or
the Social Security Administration Act 1992.
For the purposes of subsection (2) “personal information” means, in relation to a young person—
his name, address and date of birth, and
the name and address of a parent of his.
A person commits an offence if he discloses information supplied to him under subsection (1) unless the disclosure is made—
for the purpose of the provision of services in pursuance of section 114(1),
in accordance with an enactment or an order of a court,
for the purpose of actual or contemplated proceedings before a court,
with consent given by or on behalf of the person to whom the information relates, or
in such a way as to prevent the identification of the person to whom it relates.
It is a defence for a person charged with an offence under this section to prove that he reasonably believed that his disclosure was lawful.
A person guilty of an offence under this section shall be liable—
on conviction on indictment, to imprisonment for a term not exceeding two years, to a fine or to both, or
on summary conviction, to imprisonment for a term not exceeding six months, to a fine not exceeding the statutory maximum or to both.
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For the purpose of the provision of services in pursuance of section 114(1), any of the persons or bodies mentioned in subsection (2) may supply information about a young person—
to the Secretary of State;
to any other person or body involved in the provision of those services.
Those persons and bodies are—
a local authority,
a Health Authority,
the Learning and Skills Council for England,
a chief officer of police,
a probation committee,
a youth offending team, and
a Primary Care Trust.
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In sections 114 to 120—
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“local authority in Wales” has the same meaning as in the Education Act 1996 (see section 579(1) of that Act);
“probation committee” means a committee established under section 3 of the Probation Service Act 1993,
“entitlement period” means the period described in section 33E(2);
The power under section 114 shall not be used to provide or secure the provision of services outside England.
The following shall be inserted after section 10A of the Employment and Training Act 1973 (careers services)—
The National Assembly for Wales may direct a local authority—
to provide youth support services;
to secure the provision of youth support services;
to participate in the provision of youth support services.
In this section “youth support services” means services which in the opinion of the National Assembly will encourage, enable or assist young persons (directly or indirectly)—
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.
In this section “young persons” means persons who have attained the age of 11 but not the age of 26.
A direction under subsection (1)—
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.
A direction under subsection (1)—
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.
A local authority—
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).
Action which a local authority takes in pursuance of subsection (1)—
may relate to a particular class of young persons;
may relate to services for a person from another area.
In complying with a direction under section 123(1) a local authority shall have regard to the expediency of co-operation with voluntary organisations.
For the purpose of subsection (1) a local authority may—
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.
Nothing in or done under section 123 shall prejudice any power of a local authority to provide services or incur expenditure.
Before complying with a direction under section 123(1) by providing, securing the provision of or participating in the provision of services for residents of a particular place or area, a local authority shall consult each of the following with responsibility for all or part of the area—
a Local Health Board,
a chief officer of police,
a police and crime commissioner,
a probation committee
a youth offending team.
a provider of probation services, and
The local authority shall also—
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,
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consult the Commission for Tertiary Education and Research,
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 Employment 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.
Subsection (4) applies where a local authority—
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.
Where this subsection applies, persons and bodies listed in subsection (1) with responsibility for all or part of that place or area shall—
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.
Subsection (4) shall not require persons or bodies to take action which would significantly interfere with the efficient or effective exercise of their functions.
Where a person is involved in the provision of services in pursuance of section 123(1)(a) or (b) or section 40(1)(a) or (b) of the Learning and Skills (Wales) Measure 2009, an educational institution to which this section applies shall, for the purpose of the provision of those services—
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.
Information shall not be provided under subsection (1)(c)—
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.
This section applies to the following institutions—
community, foundation and voluntary schools,
community ... 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 Commission for Tertiary Education and Research under section 97 or 104 of the Tertiary Education and Research (Wales) Act 2022.
Her Majesty’s Chief Inspector of Education and Training in Wales—
shall advise the National Assembly for Wales on request about matters relating to services provided in pursuance of section 123(1) 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.
The National Assembly shall consult the Chief Inspector before making a request under subsection (1)(a) or (c).
A request under subsection (1)(c)—
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.
A reference in subsection (1) to the provision of services includes a reference to the management and use of resources in providing services.
This section applies where a service is inspected pursuant to a request under section 127(1)(c) or in accordance with section 127(1)(d).
A person carrying out or participating in the inspection shall have the same powers as an Inspector has under the following provisions of the Education Act 2005—
section 24(3)(a) and (d) (right of access), and
section 58 (computer records).
Section 29 of that Act (publication of reports) shall apply.
Where the Chief Inspector arranges for the publication of a report of an inspection, the person who provides the inspected service shall—
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.
Where a local authority provides an inspected service, or secures or participates in the provision of an inspected service, the authority—
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.
If the National Assembly consider that a local authority is failing to comply with its duties under subsection (5)—
the National Assembly may give directions to the local authority about the performance of those duties, and
the authority shall comply with the directions.
In sections 123 to 128—
“local authority” means a county council or a county borough council,
“Health Authority” has the meaning given by section 8 of the National Health Service Act 1977,
“fourth key stage” is to be construed in accordance with section 103 of the Education Act 2002;
“probation committee” means a committee established under section 3 of the Probation Service Act 1993,
Section 1.
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of the chairman or of some other person authorised (generally or specially) by the Council to act for that purpose, and
of one other member.
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Section 19.
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Section 26.
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Section 30.
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of the chairman or of some other person authorised (generally or specially) by the Council to act for that purpose, and
of one other member.
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Section 48.
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must perform with regard to its area such of the Council’s duties as the Council specifies with the National Assembly’s approval;
may exercise with regard to its area such of the Council’s powers as the Council specifies with the National Assembly’s approval;
must advise the Council on matters which are relevant to education and training in its area and which the Council specifies.
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Section 52.
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of the chairman or of some other person authorised (generally or specially) by the Inspectorate to act for that purpose, and
of one other member.
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the period starting with the date on which it is established and ending with the second 31 March following that date;
each successive period of twelve months.
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Section 113.
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states in his report an opinion, in accordance with section 13(8) or 14(2) or (4) of the School Inspections Act 1996 (school no longer requiring special measures), that special measures are not required in relation to the school, but
is of the opinion that the school has an inadequate sixth-form,
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provides full-time education suitable to the requirements of pupils over compulsory school age, and
does not provide full-time education suitable to the requirements of pupils of compulsory school age.
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states in his report an opinion, in accordance with section 13(8) or 14(2) or (4) of the School Inspections Act 1996 (school no longer requiring special measures), that special measures are not required in relation to the school, but
is of the opinion that the school has significant weaknesses in one or more areas of its activities,
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provides full-time education suitable to the requirements of pupils who are over compulsory school age, and
provides full-time education suitable to the requirements of pupils of compulsory school age.
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provides full-time education suitable to the requirements of pupils who are over compulsory school age, and
provides full-time education suitable to the requirements of pupils of compulsory school age.
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is maintained by a local education authority in England,
provides full-time education suitable to the requirements of pupils over compulsory school age, and
does not provide full-time education suitable to the requirements of pupils of compulsory school age.
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is maintained by a local education authority in Wales,
provides full-time education suitable to the requirements of pupils over compulsory school age, and
does not provide full-time education suitable to the requirements of pupils of compulsory school age.
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the Council,
a school organisation committee, and
an adjudicator.
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the Council, and
the National Assembly.
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Section 131. ............
The Secretary of State may make a scheme in relation to land if these requirements are met— These requirements must be met as regards a scheme— In sub-paragraph (2) the reference to a right or liability— A scheme may include such supplementary, incidental, consequential or transitional provisions as the Secretary of State thinks are appropriate. A scheme must be so expressed that it does not come into force while the land concerned is used as mentioned in sub-paragraph (1)(b). A scheme comes into force— When a scheme comes into force it has effect to transfer (in accordance with its provisions) the interests, rights and liabilities to which it applies. A transfer made by virtue of a scheme is binding on all persons (as well as on the authority and the transferee) even if, apart from this sub-paragraph, it would have required the consent or concurrence of any person.
Sub-paragraph (2) applies if— Unless the Secretary of State consents, the authority must not make the disposal or enter into the contract or grant the option. Sub-paragraph (2) does not apply to a disposal made in pursuance of a contract made, or option granted, before the coming into force of this paragraph. Sub-paragraph (2) does not apply to— A disposal or contract or grant is not invalid by reason only that it is made in contravention of sub-paragraph (2). A person acquiring an interest in land or entering into a contract to acquire it is not to be concerned to enquire whether consent required by sub-paragraph (2) has been given.
This paragraph applies if an authority makes a disposal or enters into a contract or grants an option in contravention of paragraph 2(2). In the case of a grant of an option, the Secretary of State may by notice served on the option holder repudiate the option at any time before it is exercised. In the case of a contract to make a disposal in respect of an interest, the Secretary of State may by notice served on the other party to the contract repudiate it at any time before a conveyance of the interest concerned is executed. A repudiation under sub-paragraph (2) or (3) has effect— In the case of a disposal in respect of an interest (whether or not in pursuance of an option or contract falling within sub-paragraph (2) or (3)) the Secretary of State may purchase the interest concerned compulsorily. The Acquisition of Land Act 1981 is to apply in relation to the compulsory purchase of an interest under sub-paragraph (5). On completion of a compulsory purchase of an interest under sub-paragraph (5) the Secretary of State must transfer it to a person concerned with the running of a city academy. If the Secretary of State acquires an interest by compulsory purchase under sub-paragraph (5) he is entitled to recover from the authority an amount equal to the aggregate of— The authority must provide the Secretary of State with such information as he may require it to provide in connection with a compulsory purchase under sub-paragraph (5).
For the purposes of paragraphs 2 and 3— If the disposal referred to in paragraph 3(3) or (5) is a disposal of a lesser interest, the reference there to the interest concerned is to the lesser interest.
Sub-paragraph (2) applies if— Unless the Secretary of State consents, the authority must not make the appropriation.
This paragraph applies if an authority makes an appropriation in contravention of paragraph 5(2). The Secretary of State may purchase the interest concerned compulsorily. Paragraph 3(6) to (9) apply to a compulsory purchase of an interest under sub-paragraph (2) above as they apply to a compulsory purchase of an interest under paragraph 3(5).
Sub-paragraph (2) applies if— The authority must inform the Secretary of State of the proposal.
This paragraph applies if— The first condition is that— The second condition is that, although the school concerned continues to be a city academy, the interest ceases to be held for the purposes of the city academy. This paragraph applies whether or not the transfer is made by virtue of a scheme under paragraph 1. Sub-paragraph (2) applies whether or not, on the school ceasing to be a city academy, it simultaneously ceases to function as a school. The Secretary of State may make a scheme providing for the transfer of the interest— A scheme may include such supplementary, incidental, consequential or transitional provisions as the Secretary of State thinks are appropriate. A scheme comes into force on the day it specifies for it to come into force. When a scheme comes into force it has effect to transfer (in accordance with its provisions) the interest to which it applies. A transfer made by virtue of a scheme is binding on all persons (as well as on the authority and the transferee) even if, apart from this sub-paragraph, it would have required the consent or concurrence of any person.
Section 123(2) of the Local Government Act 1972 (disposal for consideration less than the best reasonably obtainable) does not apply to a disposal to a person for the purposes of a city academy. Section 123(2A) of that Act (disposal of open space requires certain procedures) does not apply to a disposal which is made— Section 77(1) of the School Standards and Framework Act 1998 (restriction on disposal of playing fields) does not apply to a disposal which is made—
The Secretary of State may make regulations containing such incidental, consequential, transitional or supplementary provisions as he thinks are appropriate in consequence of this Schedule or for giving it full effect; and in particular the regulations may include provision described below.
The regulations may include— The regulations may include—
The regulations may include—
provision that consent under paragraph 2 is to be sought in a specified way;
provision that information is to be given under paragraph 7 in a specified way.
A dwelling-house used by an authority for occupation by a person employed to work at a school is to be treated for the purposes of this Schedule as used for the purposes of the school.
For the purposes of this Schedule—
a city academy is a city academy within the meaning of section 482 of the Education Act 1996;
a community school is a community school within the meaning of the School Standards and Framework Act 1998;
a county school is a county school within the meaning of the Education Act 1996 (as that Act had effect before 1 September 1999).
Section 149.
The amendments specified in this Schedule shall have effect.
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for “the Further Education Funding Council for England, the Further Education Funding Council for Wales,” substitute “the Learning and Skills Council for England, the National Council for Education and Training for Wales,”, and
after “the Education Acts” insert “and the Learning and Skills Act 2000”.
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for “the Further Education Funding Council for England, the Further Education Funding Council for Wales,” substitute “the Learning and Skills Council for England, the National Council for Education and Training for Wales,”, and
after “the Education Acts” insert “and the Learning and Skills Act 2000”.
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In section 1 of the Education (Fees and Awards) Act 1983 (higher fees for students without UK connection) in subsection (3) insert after paragraph (e)—
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In paragraph 8(3)(a)(i) of Schedule 1 to the Local Government Act 1988 (competition: excluded activities) for “section 15” substitute “ section 15A or 15B ”.
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In section 124 of the Education Reform Act 1988 (powers of higher education corporations)—
in subsection (2)(b) omit the words “, as defined by section 15(6) and (7) of the Education Act 1996”,
in subsection (2) for paragraph (f) substitute—, and
at the end insert—
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For section 161(1)(b) of that Act (interpretation: further or higher education functions) substitute—.
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for “or city colleges for the technology of the arts” substitute “, city colleges for the technology of the arts or city academies”, and
after “such colleges” insert “or academies”.
In section 98 of the Environmental Protection Act 1990 (definitions) in subsection (2)(e) for “or city college for the technology of the arts” substitute “ , city college for the technology of the arts or city academy, ”.
In the Further and Higher Education Act 1992, omit sections 1 to 9 (the Further Education Funding Councils for England and Wales).
In section 18 of that Act (further education corporation: powers)—
after subsection (1)(b) insert “ and those powers are referred to in section 19 of this Act as the corporation’s principal powers ”;
subsections (4) to (6) shall cease to have effect.
Section 19 of that Act (supplementary powers of a further education corporation) is amended as follows. In subsection (3) omit “within the meaning of section 4(6) of this Act”. In subsection (4) after paragraph (b) insert—. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . After subsection (5) insert—
Section 22 of that Act (subsequent instruments and articles) is amended as follows. In subsection (2) for “any instrument” substitute “ , replace or revoke any instrument of government or articles ”. In subsection (5)—
Section 29 of that Act (government and conduct of designated institutions) is amended as follows. In subsection (2) for “subsection (3)” substitute “ subsections (3) and (7A) ”. After subsection (7) insert— In subsection (8) after “modify” insert “ , replace or revoke ” and after “modified” insert “ , replaced or revoked ”.
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Section 44 of that Act (collective worship) is amended as follows. For subsections (1) and (2) substitute— In subsection (3)(b) for “became a further education institution” substitute “ joined the further education sector ”. In subsection (4) for “other further education institutions” substitute “ other institutions to which this section applies ”. In subsection (5) for “a further education institution” substitute “ an institution to which this section applies ”. Omit subsection (6). At the end of the section insert—
Section 45 of that Act (religious education) shall be amended as follows. For subsections (1) and (2) substitute— In subsection (3) for “a further education institution” substitute “ an institution to which this section applies ”. In subsection (5)— Omit subsection (6). At the end of the section insert—
In section 52 of that Act (duty to provide for named individuals) in subsection (1) omit “full-time”.
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In section 54 of that Act (duty to give information) in subsection (1)(b) for “or city college for the technology of the arts” substitute “ , city college for the technology of the arts or city academy ”.
In section 55 of that Act (inspections etc of local authority institutions other than schools), subsections (1) to (3) and paragraphs (a) and (b) of subsection (7) shall cease to have effect.
Section 56 of that Act (directions) shall cease to have effect.
In that Act for section 57 substitute—
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Section 60A of that Act (partnership arrangements: Wales) shall cease to have effect.
In that Act, after section 61 insert—
In section 82 of that Act (joint exercise of functions) in subsection (3)(a) for “further education funding council” substitute “ learning and skills council ”.
In section 83 of that Act (efficiency studies) in subsection (1) for “further education funding council” substitute “ learning and skills council ”.
In section 89(2) of that Act (orders and regulations)—
after “29(6) and (8),” insert “ 30(2)(b), ”, and
after “38,” insert “ 44(2)(c), ”.
In section 90 of that Act (interpretation) after subsection (2) insert—
In section 91 of that Act (interpretation of Education Acts) omit subsection (2) (references to a further education funding council).
council (in Part I), or learning and skills council sections 61A(1) and 90(2A)
Schedule 4 to that Act (instruments and articles of government for further education corporations) is amended as follows. After paragraph 1 insert— In paragraph 5, at the end insert “ or to the principal of the institution ”. That Act shall be taken to have been enacted with the amendment made by sub-paragraph (3).
Schedule 5A to that Act (partnership arrangements: Wales) shall cease to have effect.
In section 6(1) of the Welsh Language Act 1993 (meaning of “public body”) for paragraph (j) substitute—.
In Schedule 9 to the Value Added Tax Act 1994 (exemptions) Group 6 (education) is amended as follows. In item 3 (provision of examination services) in paragraph (b)(i) for “or 5” substitute “ , 5 or 5A ”. After item 5 insert— After Note (5) insert—
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In section 63A of the Employment Rights Act 1996 (right of young persons to time off for study or training) in subsection (2)(b)(i) for the words from “means such” to “1992,” substitute “ has the same meaning as in the Education Act 1996, ”.
In section 1 of the Education Act 1996 (the stages of education) in subsection (3) for the words from “confers functions” to the end substitute “ makes provision with respect to further education. ”
Section 13 of that Act (general responsibility for education) is amended as follows. In subsection (1) for “, secondary education and further education” substitute “ and secondary education ”. In subsection (2) for paragraphs (a) and (b) substitute—
Section 15 of that Act (functions in respect of provision of further education) shall cease to have effect.
Section 15A of that Act (functions of local education authorities in respect of full-time education for 16 to 18 year olds) is amended as follows. In subsection (1) after “full-time” insert “ or part-time ”. After subsection (1) insert— In subsection (2) after “functions under this section” insert “ in respect of secondary education ”. After subsection (2) insert—
After section 15A of that Act insert—
In section 312(2) of that Act (meaning of “learning difficulty”) for “section 15(5)” substitute “ section 15A or 15B ”.
Section 408 of that Act (provision of information) is amended as follows. In subsection (1)(a) after “Education Act 1997” insert “ or section 96 of the Learning and Skills Act 2000 ”. In subsection (2) after paragraph (d) insert, and
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In section 537 of that Act (power of the Secretary of State to require information from governing bodies etc) in subsection (7)(b) for “or city college for the technology of the arts” substitute “ , city college for the technology of the arts or city academy ”.
In section 541 of that Act (distribution of information about further education institutions) in subsection (1)(b) for “or city college for the technology of the arts” substitute “ , city college for the technology of the arts or city academy ”.
In section 550B of that Act (detention outside school hours) in subsection (2)(c) for “or city college for the technology of the arts” substitute “ , city college for the technology of the arts or city academy ”.
In section 580 of that Act (index) in the table at the appropriate place insert— “ city academy ” “ section 482(3) ” .
In Schedule 1 to that Act (pupil referral units) in paragraph 8 for “county schools” substitute “ community schools ”.
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In section 31 of that Act (other functions of the Qualifications, Curriculum and Assessment Authority for Wales) after subsection (4) insert—
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In section 44(3)(a) of that Act (co-operation with careers advisers) for “the age of 18” there shall be substituted “ the age of 16 ”.
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Section 26 of the Teaching and Higher Education Act 1998 (imposition of conditions as to fees at further or higher education institutions) is amended as follows. Omit subsections (1) and (2). In each of subsections (6), (7), (10)(a) and (11)(b) for “subsection (2) or (4)” substitute “ subsection (4) ”. In subsection (9)— In subsection (11) for “subsection (1) or (3)”, in both places where the words occur, substitute “ subsection (3) ”.
In section 28(1) of that Act (interpretation) in the definition of “publicly-funded institution”, in paragraph (a)—
omit “5 or”,
omit the words from “from a further” to “its costs”, and
after “1996” insert “ or any institution receiving financial resources under section 5 or 34 of the Learning and Skills Act 2000 ”.
Section 34 of that Act (inspection of vocational training in Wales) shall cease to have effect.
In section 35 of that Act (inspection of careers services in Wales), for subsection (6) substitute—
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in paragraph (a) for “primary and secondary education” substitute “primary education, and secondary education suitable to the requirements of pupils of compulsory school age,”;
after paragraph (a) insert—;
in paragraph (b) for “such education” substitute “education of a kind referred to in paragraph (a) or (ab)”.
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In section 30(3) of that Act (notice by governing body to discontinue foundation or voluntary school) for “the appropriate further education funding council” substitute “ the Learning and Skills Council for England (if the school is in England) or the National Council for Education and Training for Wales (if the school is in Wales) ”.
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Part VI of that Act (partnership arrangements in Wales) shall cease to have effect.
Section 137 of that Act (Education Transfer Council: alteration and dissolution) shall be amended as follows. In subsection (3)(c) for “or under the Education Reform Act 1988” substitute “ , under the Education Reform Act 1988 or under the Further and Higher Education Act 1992 ”. At the end of subsection (4)(a) insert “or section 34 or 36 of, or Schedule 5 or 7 to, the Further and Higher Education Act 1992”.
In section 142(1) of that Act (general interpretation) omit the definition of “the appropriate further education funding council”.
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for “or paragraph 5 of Schedule 7” substitute “, paragraph 5 of Schedule 7 to this Act or Schedule 7 to the Learning and Skills Act 2000”;
after paragraph (a)(ii) insert—or.
Section 104 of the Government of Wales Act 1998 (funding of the Chief Inspector of Education and Training in Wales) is amended as follows. In subsection (4), omit the words from “; and in determining” to the end. After subsection (4), insert—
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5. The National Council for Education and Training for Wales.
Section 151.
For the purposes of this Part of this Schedule—
the appointed day is the day appointed under section 154 for the commencement of section 89;
the old Council is the Further Education Funding Council for England;
the new Council is the Learning and Skills Council for England;
the new Council’s full functions are its functions under sections 2 to 18.
The old Council must do its best to secure that any functions remaining to be discharged by it at any time after the commencement of this paragraph are discharged before the appointed day.
Anything being done by or in relation to the old Council immediately before the appointed day may be continued on or after that day by or in relation to the new Council. In particular, any legal proceedings to which the old Council is a party immediately before the appointed day may be continued on or after that day by or in relation to the new Council.
Every agreement (whether written or not), and every instrument or other document, which relates to any property, right or liability to which section 89(1)(b) applies shall have effect, so far as may be required for continuing its effect on or after the appointed day, as if—
where the old Council is a party to it, the new Council were substituted as that party,
for a reference to the old Council there were substituted a reference to the new Council,
for a reference (however worded and whether express or implied) to the chairman, the chief officer or a member of the old Council there were substituted a reference to the chairman, the chief executive or a member of the new Council, and
for a reference to the office or place of business of the old Council there were substituted a reference to the office or place of business of the new Council.
This paragraph applies if the new Council is established before it acquires its full functions. The Secretary of State may by order make provision— The Secretary of State may make an order under this paragraph at any time before the day on which the new Council acquires its full functions.
At any time before the day on which the new Council acquires its full functions, section 1(2) has effect as if for “12” there were substituted “2”.
The new Council must discharge a duty which satisfies the following three conditions. The first condition is that the duty arises under— The second condition is that the duty arises in respect of a period ending before the appointed day. The third condition is that apart from this Act the duty—
If an order under section 8(4) of the Further and Higher Education Act 1992 confers or imposes a function on the old Council, on or after the appointed day the order is to be treated as if—
it were made under section 18(4) of this Act, and
it conferred or imposed the function on the new Council.
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For the purposes of this Part of this Schedule—
the appointed day is the day appointed under section 154 for the commencement of section 91;
the old Council is the Further Education Funding Council for Wales;
the new Council is the National Council for Education and Training for Wales;
the new Council’s full functions are its functions under sections 31 to 46.
The old Council must do its best to secure that any functions remaining to be discharged by it at any time after the commencement of this paragraph are discharged before the appointed day.
Anything being done by or in relation to the old Council immediately before the appointed day may be continued on or after that day by or in relation to the new Council. In particular, any legal proceedings to which the old Council is a party immediately before the appointed day may be continued on or after that day by or in relation to the new Council.
Every agreement (whether written or not), and every instrument or other document, which relates to any property, right or liability to which section 91(1)(b) applies shall have effect, so far as may be required for continuing its effect on or after the appointed day, as if—
where the old Council is a party to it, the new Council were substituted as that party,
for a reference to the old Council there were substituted a reference to the new Council,
for a reference (however worded and whether express or implied) to the chairman, the chief officer or a member of the old Council there were substituted a reference to the chairman, the chief executive or a member of the new Council, and
for a reference to the office or place of business of the old Council there were substituted a reference to the office or place of business of the new Council.
This paragraph applies if the new Council is established before it acquires its full functions. The National Assembly may by order make provision— The National Assembly may make an order under this paragraph at any time before the day on which the new Council acquires its full functions.
At any time before the day on which the new Council acquires its full functions, section 30(2) has effect as if for “10” there were substituted “2”.
The new Council must discharge a duty which satisfies the following three conditions. The first condition is that the duty arises under— The second condition is that the duty arises in respect of a period ending before the appointed day. The third condition is that apart from this Act the duty—
If an order under section 8(4) of the Further and Higher Education Act 1992 confers or imposes a function on the old Council, on or after the appointed day the order is to be treated as if—
it were made under section 46(4) of this Act, and
it conferred or imposed the function on the new Council.
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Sub-paragraph (2) has effect in relation to the Education (Student Loans) Act 1990 to the extent that it continues in force by virtue of any savings made, in connection with its repeal by the Teaching and Higher Education Act 1998, by an order under section 46(4) of the Teaching and Higher Education Act 1998. Section 1(3) of the Education (Student Loans) Act 1990 shall have effect as if the definition of “institutions receiving support from public funds” included a reference to institutions which receive financial resources under section 5 or 34 of this Act.
Section 153. Chapter Short title Extent of repeal 1972 c. 11. Superannuation Act 1972. In Schedule 1, in the list of “Other Bodies”, the words “Further Education Funding Council for England in receipt of remuneration.” and “Further Education Funding Council for Wales in receipt of remuneration.”. 1975 c. 24. House of Commons Disqualification Act 1975. In Schedule 1, in Part III the words “Any member of the Further Education Funding Council for England in receipt of remuneration.” and “Any member of the Further Education Funding Council for Wales in receipt of remuneration.”. 1975 c. 65. Sex Discrimination Act 1975. Section 25(6)(d). 1976 c. 74. Race Relations Act 1976. Section 19(6)(d). 1988 c. 40. Education Reform Act 1988. In section 124(2)(b), the words “, as defined by section 15(6) and (7) of the Education Act 1996”. 1992 c. 13. Further and Higher Education Act 1992. Sections 1 to 9. Section 18(4) to (6). Section 28(2)(b). Section 32(2A). Section 44(6). Section 45(6). In section 52(1), the word “full-time”. In section 55, subsections (1) to (3) and paragraphs (a) and (b) of subsection (7). Section 56. Section 60A. Section 91(2). In Schedule 1, paragraph 9. Schedule 2. Schedule 5A. 1995 c. 50. Disability Discrimination Act 1995. Section 19(6)(e) and (f). Section 30(2) to (4). 1996 c. 56. Education Act 1996. Section 15. In section 403(1) the words “local education authority,”. In section 482, in subsection (2)(c) the word “either” and in subsection (3) the word “or” immediately preceding paragraph (b). In section 509(1), paragraph (d) and the word “or” immediately preceding that paragraph. In Schedule 37, paragraphs 70, 112 and 113. 1996 c. 57. School Inspections Act 1996. In section 10(3) the word “and” at the end of paragraph (g). 1997 c. 44. Education Act 1997. In section 30, in subsection (1) the words “or by subsection (3)” and subsection (3). In section 37, subsections (1) to (4) and in subsection (5) the words “, which are superseded by this section,”. 1998 c. 18. Audit Commission Act 1998. In section 36(1), in the Table, the entry relating to a further education funding council. In section 36(2), the words “or a further education funding council”. 1998 c. 30. Teaching and Higher Education Act 1998. In section 19, in subsection (1) the word “or” immediately preceding paragraph (b), in subsection (2)(f) the words “employed as a teacher at a school” and in subsection (10) the word “and” immediately preceding paragraph (c). In section 22(2)(h) and (7) the words “attendance on”. Section 26(1) and (2). In section 28(1), in the definition of “publicly-funded institution”, in paragraph (a) the words “5 or” and the words from “from a further” to “its costs”. Section 34. 1998 c. 31. School Standards and Framework Act 1998. Sections 125 and 126. In section 142(1), the definition of “the appropriate further education funding council”. In Schedule 6, in paragraph 4(3) the word “or” immediately after paragraph (c). In Schedule 7, in paragraph 4(5) the word “or” immediately after paragraph (c)(i), in paragraph 8(7) the word “or” immediately after paragraph (b), in paragraph 8(10) the word “or” immediately after paragraph (a), in paragraph 13(4) the word “and” immediately after paragraph (b) and in paragraph 13(7) the word “or” immediately after paragraph (a). In Schedule 22, in paragraph 5(1) the word “or” immediately after paragraph (a)(i). Schedule 27. 1998 c. 31.—Contd. School Standards and Framework Act 1998—Contd. In Schedule 30, paragraphs 41 and 42. 1998 c. 38. Government of Wales Act 1998. In section 104(4), the words from “; and in determining” to the end.
“police authority” has the meaning given by section 101 of the Police Act 1996,
The power under section 123 shall not relate to services which are provided or to be provided outside Wales.
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Section 482 of the Education Act 1996 (city technology colleges and city colleges for the technology of the arts) shall be amended as follows.
In subsection (2)(c)—
omit “either”, and
after “arts” insert “or on a subject area mentioned in subsection (2A)”.
After subsection (2) insert—
In subsection (3) after paragraph (b) insert ; or
After subsection (3) insert—
After subsection (5) insert—
This section does not apply to schools in Wales.
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Schedule 8 contains provisions about land in relation to city academies.
That Schedule does not apply to land in Wales.
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After section 483 of the Education Act 1996 there shall be inserted—
Section 1 of the Superannuation Act 1972 (persons to or in respect of whom benefits may be provided by schemes under that section) shall apply to persons falling within subsection (2).
This subsection applies to a person if—
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).
The employers are—
a person with whom the Secretary of State or the National Assembly for Wales has made arrangements under section 2 of the Employment 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.
A scheme under section 1 of the Superannuation Act 1972 (a new scheme) may not be made in relation to the persons falling within subsection (2) unless—
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.
This section has effect for the purposes of section 134.
Rights in relation to a person include—
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.
A deferred pensioner is a person who has rights under the occupational scheme but is neither a pensioner under it nor a person to whom rights are accruing under it by virtue of his employment.
“Salary related occupational pension scheme” has the meaning given by section 100D of the Pension Schemes Act 1993.
A function exercisable by virtue of section 1 of the Superannuation Act 1972 in consequence of section 134 or of paragraph 6(1) of Schedule 1 may be exercised by (or by employees of) such person as may be authorised in that behalf by the person whose function it is.
An authorisation given by virtue of subsection (1) may authorise the exercise of a function—
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.
An authorisation given by virtue of subsection (1) is to be treated for all purposes as if it were given by virtue of an order under section 69 of the Deregulation and Contracting Out Act 1994 (contracting out of functions of Ministers and office-holders).
An authorisation given by virtue of subsection (1) may be revoked at any time by the person who gave it.
Section 508 of the Education Act 1996 (local education authorities: recreation and social and physical training) shall be amended as follows.
In subsection (1) for “secondary and further education” substitute “ and secondary education ”.
After subsection (1) insert—
In subsection (2) for “For that purpose” substitute “ For the purpose of subsection (1) or (1A) ”.
For the purpose of the provision in Wales of services mentioned in subsection (2), any of the persons or bodies mentioned in subsection (3) may supply information about a young person—
to a local authority;
to any other person or body involved in the provision of the services.
The services are—
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 Employment and Training Act 1973 (training and careers services), and
services wholly or partly funded in pursuance of section 12 of the Industrial Development Act 1982 (careers in industry).
The persons and bodies are—
a local authority,
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the National Assembly for Wales,
a Local Health Board,
a chief officer of police,
a probation committee,
the Commission for Tertiary Education and Research;
a youth offending team.
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
Section 19 of the Teaching and Higher Education Act 1998 (requirement to serve induction period) shall be amended as follows.
or
In subsection (2)—
in paragraph (f) omit “employed as a teacher at a school”, and
in paragraph (k) after “schools” insert “ or to further education institutions ”.
In subsection (6), for “subsection (2)” substitute “ subsections (2) and (6A) ”.
After subsection (6) insert—
In subsection (10) after paragraph (c) insert—
After subsection (10) insert—
Subsection (2) applies if—
a local authority in Wales maintains a statement of special educational needs for a person under section 324 of the Education Act 1996, and
the Welsh 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 2 of this Act) or higher education (within the meaning of the Education Reform Act 1988).
The Welsh Ministers must arrange for an assessment of the person to be conducted at some time during the person’s last year of compulsory schooling.
The Welsh Ministers may at any time arrange for an assessment to be conducted of a person—
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 to the Welsh Ministers to have a learning difficulty (within the meaning of section 13), and
who is receiving, or in the opinion of the Welsh Ministers is likely to receive, post-16 education or training (within the meaning of Part 2 of this Act) or higher education (within the meaning of the Education Reform Act 1988).
For the purposes of this section an assessment of a person is an assessment resulting in a written report of—
his educational and training needs, and
the provision required to meet them.
A local authority in Wales must send a copy of a statement maintained by it under section 324 of the Education Act 1996 to the Welsh Ministers on their request.
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the reference to Part I of this Act shall be construed as a reference to Part II, and
the reference to section 13 shall be construed as a reference to section 41.
“Local authority in Wales” has the same meaning as in the Education Act 1996 (see section 579(1) of that Act).
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This section applies to a company if—
it has entered into an arrangement with the Secretary of State with a view to receiving payments under section 2(2)(d) of the Employment 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 articles 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 articles 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.
Unless the Secretary of State consents in writing, a company to which this section applies may not after the passing of this Act—
take action of a prescribed kind, or
cause or permit a person to take action of a prescribed kind.
In subsection (2) “prescribed” means prescribed by order of the Secretary of State; and the action which may be prescribed under that subsection includes, in particular—
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 company to which this section applies shall comply with a written direction from the Secretary of State given after the passing of this Act which requires it to transfer an asset to—
a specified body, or
the Secretary of State.
Before giving a direction to a company under subsection (4) the Secretary of State shall consult the company.
Where a company to which this section applies takes, causes or permits action in contravention of subsection (2) the High Court may on the application of the Secretary of State make any order which seems to it appropriate.
An order under subsection (6) may, in particular—
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.
Section 150 shall not apply to this section; but in the application of this section to a company which operates in Wales—
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.
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Section 18 of the Further and Higher Education Act 1992 (further education corporation: principal powers) shall be amended as follows—
for subsection (1)(aa) substitute—, and
after subsection (1) insert—
Section 124 of the Education Reform Act 1988 (higher education corporation: powers) shall be amended as follows—
after subsection (1)(b) insert—, and
after subsection (1) insert—
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Section 28 of the Further and Higher Education Act 1992 (designation for funding by Further Education Funding Councils) shall be amended as follows—
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
or
The following shall be substituted for section 30 of the Further and Higher Education Act 1992 (special provision for voluntary aided sixth form colleges)—
Section 32(2A) of the Further and Higher Education Act 1992 (transfer of property on designation) shall cease to have effect.
The Secretary of State may make an order providing for the constitution as a body corporate of the governing body of an institution in England which is designated under section 28 of the Further and Higher Education Act 1992.
The National Assembly for Wales may make an order providing for the constitution as a body corporate of the governing body of an institution in Wales which is designated under section 28 of the Further and Higher Education Act 1992.
An order under subsection (4) or (5) may—
make provision similar to any provision of section 18 or 19 of the Further 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 any of sections 29 to 29C of the Further 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 the Charities Act 2011) 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).
Before making an order in relation to an institution under subsection (4) or (5) the Secretary of State or the National Assembly shall consult—
the governing body of the institution, and
the trustees of any trust relating to the institution.
This section applies to land which after the coming into force of this section is transferred to trustees under section 32(3)(b) of the Further and Higher Education Act 1992 (transfer of property on designation of institution).
This section also applies to land which—
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 Education Act 1996 (grants) or paragraph 5 of Schedule 3 to the School Standards and Framework Act 1998 (grants).
If trustees dispose of land to which this section applies they shall notify the appropriateauthority.
If trustees dispose of land to which this section applies they shall pay to the appropriate authority so much of the proceeds of disposal as may be determined to be just—
by agreement between the trustees and the authority, or
in default of agreement,
in the case of land in England held for the purposes of a sixth form college, or land in Wales, by an arbitrator to be appointed in default of agreement by the President of the Chartered Institute of Arbitrators;
in the case of any other land in England, by the Secretary of State.
In making a determination under subsection (4) regard shall be had, in particular, to—
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.
The expense of an arbitrator appointed under subsection (4)(b)(i) is to be borne equally by the trustees and—
in the case of land in England, the Secretary of State;
in the case of land in Wales, the Commission for Tertiary Education and Research.
More than one determination may be made under subsection (4) in relation to a particular disposal where it is just to do so, in particular where the disposal involves the creation of a lease.
If trustees permit land to which this section applies to be used for purposes not connected with 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.
Where a designated institution has ceased to exist—
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 Further and Higher Education Act 1992).
In this section “the appropriate authority” means—
the Secretary of State , in respect of land in England held ...;
the Commission for Tertiary Education and Research, in respect of land in Wales.
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Subsection (2) applies where a member of a body listed in subsection (3) is found liable in civil legal proceedings in respect of something which he did or omitted to do in the course of carrying out his duties as a member of the body.
If— the court may make an order extinguishing, reducing or varying the liability.
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,
The bodies referred to in subsection (1) are—
a further education corporation established by virtue of section 15, 16 or 47 of the Further and Higher Education Act 1992,
a body corporate established by virtue of section 143(4) or (5) of this Act.
a sixth form college corporation as defined in section 90 of that Act, and
Where a member of a body listed in subsection (3) applies to a court for an order under this subsection, the court may make any order which—
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 subsections (2)(a) and (4) “a court” means the High Court or the county court; but this subsection is subject to any order under section 1 of the Courts and Legal Services Act 1990 (allocation of business between High Court and county courts).
The Teaching and Higher Education Act 1998 shall be amended as follows.
In section 22 (new arrangements for giving financial support to students)—
in subsection (1) for “attending” substitute “ undertaking ”, and
in subsections (2)(h) and (7) omit “attendance on”.
In section 23 (transfer or delegation of functions relating to student support) in subsection (1)(b)—
for “at” substitute “ with ”, and
for “attending” substitute “ undertaking ”.
In section 26 (imposition of conditions as to fees at further or higher education institutions) in subsections (4), (5) and (10)(b) for “attending” (in each place) substitute “ undertaking ”.
In section 28(1) (interpretation) in the definition of “fees” for “attendance on” (in each place) substitute “ undertaking ”.
The Education (Student Support) (Northern Ireland) Order 1998 shall be amended as follows.
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In Article 3 (new arrangements for giving financial support to students)—
in paragraph (1) for “attending” substitute “ undertaking ”;
in paragraphs (2)(h) and (7) omit “attendance on”.
In Article 4 (transfer or delegation of functions relating to student support) in paragraph (1)(b)—
for “at” substitute “ with ”, and
for “attending” substitute “ undertaking ”.
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The Education Act 1996 shall be amended as follows.
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In section 403 (sex education: manner of provision) in subsection (1) omit “local education authority,”.
After subsection (1) of that section insert—
In subsection (2) of that section—
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.”
In section 404 (sex education: statements of policy) after subsection (1) insert—
Schedule 9 contains miscellaneous and consequential amendments.
Where this Part of this Act confers a function on the Secretary of State (whether by amendment of another Act or otherwise)—
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.
Where— the Order shall be treated for the purposes of any varying or revoking Order as having transferred to the National Assembly the function mentioned in paragraph (a).
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 Government of Wales Act 1998 (transfer of functions),
Subsection (1)(a) has effect subject to any Order in Council made by virtue of subsection (2).
This section shall not apply in relation to—
section ... 92, 104, 134 , 144 or 154 of this Act,
the amendment of section 1(3) of the Education (Fees and Awards) Act 1983 (fees at institutions) made by Schedule 9 to this Act,
the amendment of section 26 of the Employment Act 1988 (status of trainees etc) made by Schedule 9 to this Act ...
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Part 1 of Schedule 10 contains transitional provisions relating to—
the dissolution of the Further Education Funding Councils, and
the establishment of the Learning and Skills Council for England ....
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Part IV of Schedule 10 contains transitional provision relating to the Education (Student Loans) Act 1990.
Nothing in that Schedule prejudices the generality of section 152(6).
Any power to make an order or regulations under this Act shall be exercised by statutory instrument.
A statutory instrument is subject to annulment in pursuance of a resolution of either House of Parliament if the instrument contains—
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.
A statutory instrument is subject to annulment in pursuance of a resolution of the Scottish Parliament if the instrument contains regulations made by the Scottish Ministers under section 104.
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The power of the Department for Employment and Learning in Northern Ireland to make regulations under section 106 or 109 shall be exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979; and any such regulations shall be subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 as if they were statutory instruments within the meaning of that Act.
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An order or regulations under this Act may make different provision for different purposes.
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An order or regulations under this Act may contain such incidental, supplementary, saving or transitional provisions as the person making the order or regulations thinks fit.
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Any statutory instrument containing regulations made by the Welsh Ministers under section 33D(3), 33E(3), 33G(3), 33I(3), 33P or 33Q is subject to annulment in pursuance of a resolution of the National Assembly for Wales.
No order shall be made by the Welsh Ministers under section 33G(5), 33I(5) or 33M unless a draft of the instrument containing the order has been laid before, and approved by a resolution of, the National Assembly for Wales.
Schedule 11 contains repeals.
The following provisions of this Act shall come into force in accordance with provision made by the Secretary of State by order—
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 Further and Higher Education Act 1992 and section 142 of the School Standards and Framework Act 1998 and the repeals consequential upon any provision mentioned in paragraph (c).
The following provisions of this Act shall come into force in accordance with provision made by the National Assembly for Wales by order—
Parts II and IV, and
sections 91, 93, 99, 100(2), 102, 123 to 129 and 138.
If and in so far as a provision of this Part relates to England, the Secretary of State may (subject to subsection (5)) make provision by order about its commencement.
If and in so far as a provision of this Part relates to Wales, the National Assembly for Wales may (subject to subsection (5)) make provision by order about its commencement.
Subsections (3) and (4) do not apply to—
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.
The Secretary of State may by order make provision—
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.
The National Assembly for Wales may by order make provision in relation to Wales in consequence of either of the matters mentioned in subsection (6)(a) and (b).
An order under subsection (6) or (7) may, in particular, disapply or modify the application of provision made by or under this or any other Act.
Sections 104, 152, 154, 156 and this section extend to England and Wales, Scotland and Northern Ireland.
Section 107 extends to England and Wales and Northern Ireland.
Sections 106, 109 and 147 extend to Northern Ireland only.
Any amendment or repeal in this Act has the same extent as the provision amended or repealed.
Subject to the above, this Act extends to England and Wales only.
This Act may be cited as the Learning and Skills Act 2000.
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