MC(23).JOUR/1 - First Day of the 23rd Meeting of the Ministerial Council
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The local learning and skills councils established under section 19 of LSA 2000 are abolished.
In consequence of the abolition of local councils, the following are repealed—
sections 19 to 24 of LSA 2000;
Schedule 2 to that Act.
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In section 2 of LSA 2000 (education and training for persons aged 16 to 19), in subsection (3), after paragraph (d) insert—.
In section 3 of that Act (education and training for persons over 19), in subsection (3), after paragraph (d) insert—.
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Section 15 of LSA 2000 (plans of the Council) is amended as follows.
In subsection (1)(a), for “each of its financial years” substitute “each academic year”.
Omit subsection (2).
In subsection (3), for “any subsequent financial year of the Council” substitute “an academic year”.
In subsection (4)—
for “a financial year” substitute “an academic year”, and
in paragraph (a), for “the financial year” substitute “the academic year”.
After subsection (4) insert—
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Section 18 of LSA 2000 (supplementary functions of the Council) is amended as set out in subsections (2) and (3).
In subsection (3), for paragraph (c), substitute—
At the end, insert—
In relation to the period beginning on 1st September 2000 and ending immediately before the coming into force of this section, the power conferred by section 18 of LSA 2000 is to be taken to have included power to form, participate in forming or become a member of a company limited by guarantee with the consent of the Secretary of State.
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The Learning and Skills Council for England may make arrangements with a person or body to whom this section applies for the provision by the Council of services that are required by the person or body in connection with the exercise of the person’s or body’s functions relating to education or training.
The services that may be provided under arrangements made under subsection (1) include—
providing accommodation and other facilities to a person or body to whom this section applies or managing such facilities on behalf of such a person or body;
procuring, or assisting in procuring, goods and services for use by a person or body to whom this section applies.
The terms and conditions upon which the arrangements are made may include provision for making payments to the Council in respect of expenditure incurred by the Council in performing any function under the arrangements.
The persons and bodies to whom this section applies are—
the Secretary of State;
the Welsh Ministers;
the Scottish Ministers;
Northern Ireland departments;
persons or bodies, wholly or partly funded from public funds, that have functions relating to education or training;
persons or bodies specified, or of a description specified, by order made by the appropriate national authority for the purposes of this section.
Before making arrangements under which it may provide services to a person or body falling within any of paragraphs (b) to (f) of subsection (4) in connection with the exercise of the person’s or body’s functions relating to education or training provided in Wales, Scotland or Northern Ireland, the Council must obtain the consent of the Secretary of State.
Before making arrangements under which it may provide services to a person or body falling within paragraph (a), (e) or (f) of subsection (4) in connection with the exercise of the person’s or body’s functions relating to education or training provided in Wales, Scotland or Northern Ireland, the Council must obtain—
in relation to education or training provided in Wales, the consent of the Welsh Ministers;
in relation to education or training provided in Scotland, the consent of the Scottish Ministers;
in relation to education or training provided in Northern Ireland, the consent of the Minister for Employment and Learning in Northern Ireland.
Consent may be given under subsection (5) or (6) in relation to particular arrangements or arrangements of a particular description.
“The appropriate national authority” means—
in relation to persons or bodies exercising functions relating only to education or training provided in Wales, the Welsh Ministers;
in relation to persons or bodies exercising functions relating only to education or training provided in Scotland, the Scottish Ministers;
in relation to persons or bodies exercising functions relating only to education or training provided in Northern Ireland, the Department for Employment and Learning in Northern Ireland;
in any other case, the Secretary of State.
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The Learning and Skills Council for England may take part in arrangements made by the Secretary of State, the Welsh Ministers or the Scottish Ministers under section 2 of the Employment and Training Act 1973 (c. 50) (arrangements for assisting persons to select, train for, obtain and retain employment).
Before making arrangements in relation to Wales or Scotland in which the Council is to take part, the Secretary of State must obtain the consent of the Welsh Ministers or (as the case may be) the Scottish Ministers to the arrangements.
Before making arrangements in which the Council is to take part, the Welsh Ministers or (as the case may be) the Scottish Ministers must obtain the consent of the Secretary of State to the arrangements.
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The Learning and Skills Council for England may take part in any arrangements made by the Department for Employment and Learning in Northern Ireland under section 1 of the Employment and Training Act (Northern Ireland) 1950 (c. 29 (N.I.)) (arrangements for assisting persons to select, train for, obtain and retain employment).
Before making arrangements in which the Council is to take part, the Department must obtain the consent of the Secretary of State to the arrangements.
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Section 16 of FHEA 1992 (incorporation of further education institutions) is amended as set out in subsections (2) to (4).
In subsection (1) for “The Secretary of State” substitute “The appropriate authority”.
In subsection (3)—
for “The Secretary of State” substitute “The appropriate authority”, and
in paragraph (b), for “his” substitute “the appropriate authority's”.
After subsection (5) insert—
In section 17(2) of FHEA 1992 (meaning of “operative date”)—
omit the word “and” at the end of paragraph (a),
at the end of that paragraph insert—, and
in paragraph (b)—
after “further education corporation” insert “in Wales”, and
for “the Secretary of State” substitute “the Welsh Ministers”.
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Section 27 of FHEA 1992 (orders dissolving further education corporations) is amended as follows.
In subsections (1), (2)(a) and (6), for “the Secretary of State” substitute “the appropriate authority”.
In subsection (3), omit paragraph (a) and the “or” following it.
After subsection (3) insert—
In subsection (7)—
for “the Secretary of State” substitute “the Welsh Ministers”, and
omit paragraph (b) and the “and” preceding it.
Omit subsection (8).
After subsection (8) insert—
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Section 51 of FHEA 1992 (publication of proposals for establishment or dissolution of further education corporation) is amended as follows.
For subsections (1) and (2) substitute—
In subsection (3), for the words from the beginning to “he has” substitute “The Welsh Ministers shall not make an order under section 16(1) or (3) unless they have”.
In subsection (3A), for “A draft proposal or order” substitute “A proposal or a draft order”.
Before section 57 of FHEA 1992, insert—
Section 57 of FHEA 1992 (intervention) is amended as set out in subsections (2) to (4).
In subsection (2) (conditions for intervention), for paragraph (d) substitute—
After subsection (5) insert—
After subsection (6) insert—
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Section 76 of FHEA 1992 (power to award degrees etc) is amended as follows.
In subsection (1) (power of Privy Council to specify institutions by order)—
the words from “specify any institution” to the end become paragraph (a), and
after that paragraph insert;
In subsection (2) (kinds of award) for “subsection (1)” substitute “ subsection (1)(a) ”.
After subsection (2) insert—
After subsection (2A) (as inserted by subsection (4)) insert—
In subsection (3) (power to grant awards), after “subsection (2)(a) or (b)” insert “ or (2A) ”.
In subsection (4) (power to grant honorary degrees etc), after “such an order” insert “ as competent to grant in pursuance of this section either or both of the kinds of award mentioned in subsection (2)(a) or (b) above ”.
After subsection (4) insert—
In subsection (5) (powers comprised in the power to grant awards), for “Any” substitute “ Subject to subsection (5A) below, any ”.
After subsection (5) insert—
In subsection (6) (power of institution to determine appropriate course of study etc) for “It” substitute “ Subject to subsection (6A) below, it ”.
After subsection (6) insert—
Within the period of four years beginning with the commencement of section 19, the Secretary of State must lay before Parliament a report about the effect of that section.
Section 19 of FHEA 1992 (supplementary powers of a further education corporation) is amended as set out in subsections (2) to (6).
In subsection (4), for paragraph (bb), substitute—.
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At the end, insert—
In relation to the period beginning on 1st April 2001 and ending immediately before the coming into force of this section, the power conferred by section 19(4)(bb) of FHEA 1992 is to be taken to have included power to form, participate in forming or become a member of a company limited by guarantee.
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Section 137 of the Education Act 2002 (c. 32) (power of Secretary of State or Welsh Ministers to make regulations requiring principals of further education institutions to have specified qualifications) is amended as follows.
After subsection (2) insert—
In subsection (3) (regulations made for England or Wales not to apply to persons already appointed to institutions)—
for “under subsection (1)” substitute “ made under subsection (1) by the Welsh Ministers in relation to Wales ”, and
after “an institution” insert “ in England or Wales ”.
Section 11 of the Industrial Training Act 1982 (c. 10) (levies imposed for industrial training board expenses) is amended as follows.
In subsection (6) (conditions relating to certain levy proposals), for paragraph (a) substitute—.
After subsection (6) insert—
After subsection (6A) (as inserted by subsection (3)) insert—
In subsection (8) (interpretation) omit the definition of “the relevant organisations”.
Section 11 of the Industrial Training Act 1982 (c. 10) is amended as set out in subsections (2) to (5).
After subsection (2) insert—
In subsection (6), for paragraph (b) substitute—.
After subsection (6D) (as inserted by section 24) insert—
In subsection (8), in the definition of “the relevant emoluments”, for the words from “the period specified” to the end substitute “ a period specified in levy proposals as a base period. ”
In section 12 of that Act, after subsection (1) insert—
In the Education Reform Act 1988 (c. 40) (“the 1988 Act”), section 124 (powers of a higher education corporation) is amended as set out in subsections (2) and (3).
In subsection (2), for paragraph (f), substitute—.
At the end, insert—
In relation to the period beginning on 1st April 2001 and ending immediately before the coming into force of this section, the power conferred by section 124(2)(f) of the 1988 Act is to be taken to have included power to form, participate in forming or become a member of a company limited by guarantee for the purpose mentioned in section 124(2)(f).
Part 1 of Schedule 5 to the Government of Wales Act 2006 (c. 32) (Assembly Measures) is amended as follows.
including the circumstances in which an educational institution becomes or ceases to be an institution concerned with the provision of further education. Provision about— Matter 5.13 Provision for and in connection with securing collaboration— including, in particular, provision for and in connection with the establishment of bodies for the purpose of discharging functions on behalf of one or more persons or bodies that are party to arrangements for collaboration. Matter 5.14 The provision of financial resources for and in connection with— Matter 5.15 The inspection of— Matter 5.16 The provision of advice and information in connection with, and the carrying out of studies in relation to, any of the kinds of education, training or services mentioned in matter 5.15.
“post-16 education” means— “post-16 training” means— References in this field to an institution concerned with the provision of further education are references to an educational institution, other than a school or an institution within the higher education sector (within the meaning of the Further and Higher Education Act 1992), that is conducted (whether or not exclusively) for the purpose of providing further education.
Any power to make an order or regulations under this Act is exercisable by statutory instrument.
A statutory instrument containing an order or regulations made by the Secretary of State under any provision of this Act other than section 32 is subject to annulment in pursuance of a resolution of either House of Parliament.
A statutory instrument is subject to annulment in pursuance of a resolution of the National Assembly for Wales if the instrument contains an order made by the Welsh Ministers under section 11.
A statutory instrument is subject to annulment in pursuance of a resolution of the Scottish Parliament if the instrument contains an order made by the Scottish Ministers under section 11.
The power of the Department for Employment and Learning in Northern Ireland to make an order under section 11 shall be exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)); and any such order shall be subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.)) as if it were a statutory instrument within the meaning of that Act.
Any power to make an order or regulations under this Act includes power—
to make different provision for different cases or areas;
to make provision generally or in relation to specific cases;
to make such incidental, supplementary, transitional or saving provision as the person making the order or regulations thinks fit.
Schedule 1 (which contains miscellaneous and consequential amendments) has effect.
The enactments specified in Schedule 2 are repealed to the extent specified.
In this Act—
“FHEA 1992” means the Further and Higher Education Act 1992 (c. 13);
“FHEA 1992” means the Further and Higher Education Act 1992 (c. 13);
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The following provisions come into force on the day on which this Act is passed— sections 9, 21, 26, 28 and 31; this section; sections 33 and 34.
Section 27 comes into force at the end of the period of two months beginning with the day on which this Act is passed.
Section 18 comes into force in accordance with provision made by the Welsh Ministers by order.
Sections 22 and 23 come into force in accordance with provision made by order by—
the Welsh Ministers, in relation to Wales;
the Secretary of State, in relation to England.
The remaining provisions of this Act come into force in accordance with provision made by the Secretary of State by order.
Subject to subsections (2) to (4), this Act extends to England and Wales only.
The following provisions extend also to Scotland— section 11; section 12; sections 28, 31 and 32, this section and section 34.
The following provisions extend also to Northern Ireland— section 11; section 13; sections 28, 31 and 32, this section and section 34.
Any amendment or repeal made by this Act has the same extent as the enactment amended or repealed.
This Act may be cited as the Further Education and Training Act 2007.
Section 29
“LSA 2000” means the Learning and Skills Act 2000 (c. 21).
The Industrial Training Act 1982 is amended as follows.
In section 1(2) (definitions)—
“base period” has the meaning assigned to it by section 11(2E) below;
omit the word “and” at the end of the definition of “levy order”;
after that definition, insert—.
Section 11 (levies imposed for industrial training board expenses) is amended as follows. In subsection (3)— In subsection (4)— In subsection (5)— In subsection (7)—
In section 12 (supplementary provision), in paragraph (a) of subsection (3), for “a period specified in the order” substitute “ a levy period ”.
In section 13 (proposals for exemption certificates), subsection (2) is amended as follows. In paragraph (b)— In paragraph (c), after “the levy” insert “ payable by virtue of the resulting levy order ”. At the end, insert— “ In this subsection “the relevant emoluments” has the meaning given by section 11(8) above. ”
FHEA 1992 is amended as follows.
In section 19 (supplementary powers of a further education corporation), in subsection (4C), for “the Council” substitute “ the council ”.
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Section 57 (intervention) is amended as follows. In subsection (1), after “an institution” insert “ in Wales ”. In subsection (2)— Omit subsection (3). In subsection (4), for “the Secretary of State” substitute “ the Welsh Ministers ”. In subsection (5)— In the heading, after “Intervention” insert “ : Wales ”.
In section 83 (efficiency studies), in subsection (2), for “a, the” substitute “ the ”.
In section 89 (orders, regulations and directions), in subsection (4), for “the Secretary of State” substitute “ the person making the order or regulations ”.
Section 30 Short title and chapter Extent of repeal Industrial Training Act 1982 (c. 10) In section 1(2), the “and” at the end of the definition of “levy order”. In section 11(8), the definition of “the relevant organisations” and the “and” preceding that definition. Further and Higher Education Act 1992 (c. 13) In section 17(2), the “and” following paragraph (a). In section 27— in subsection (3), paragraph (a) and the “or” following that paragraph; in subsection (7), paragraph (b) and the “and” preceding that paragraph; subsection (8). Section 57(3). Learning and Skills Act 2000 (c. 21) Section 15(2). Sections 19 to 24. Schedule 2. In Schedule 3— in paragraph 1(1), paragraph (a) and, in paragraph (b), the word “other”; paragraphs 2 and 3; in paragraph 4(1), the words from “other than” to the end; paragraph 5(3). Education Act 2002 (c. 32) Section 209. Children Act 2004 (c. 31) In section 18(3)(c), the words “or section 23 of the Learning and Skills Act 2000 (c. 21)”. Education and Inspections Act 2006 (c. 40) In Schedule 14, paragraph 18.