Education Bill (HC Bill 180)

(b) in subsection (2), for “YPLA” substitute “Secretary of State”.

12 (1) Section 33L (changes to instruments and articles) is amended as follows.

(2) In subsection (1)—

(a) for “YPLA” substitute “Secretary of State”;

(b) 5in paragraphs (a) and (b), for “it” substitute “the Secretary of State”.

(3) In subsection (2)—

(a) for “YPLA” substitute “Secretary of State”;

(b) for “it has consulted the corporation” substitute “—

(a) the Secretary of State has consulted the corporation,

10and

(b) in the case of a corporation to which section 33J

applies, the trustees of the relevant sixth form college

have given their consent.”

(4) In subsections (3), (5) and (6), for “YPLA” substitute “Secretary of State”.

(5) 15In subsection (4)(b), for the words from “the YPLA” to the end substitute “—

(i) the Secretary of State has consulted each sixth form

college corporation to which the order relates, and

(ii) in the case of a sixth form college corporation to

which section 33J applies, the trustees of the relevant

20sixth form college have given their consent.”

(6) In subsection (7), for the words from “the YPLA” to the end substitute “the

Secretary of State must—

“(a) consult the sixth form college corporation or (as the case may

be) each sixth form college corporation to which the direction

25applies, and

(b) in the case of a sixth form college corporation to which

section 33J applies, obtain the consent of the trustees of the

relevant sixth form college.”

13 (1) Section 33N (dissolution of sixth form college corporations) is amended as

30follows.

(2) For subsection (2) substitute—

“(2) An order under subsection (1) may be made only if a proposal

relating to the order has been made by the Secretary of State or the

sixth form college corporation, and—

(a) 35in the case of a proposal made by the Secretary of State, the

requirements of subsection (3) have been met in relation to it;

(b) in the case of a proposal made by the corporation, it appears

to the Secretary of State that those requirements have been

met in relation to it.”

(3) 40In subsection (3)—

(a) in paragraph (a), for “authority have” substitute “person or body

making the proposal (“the proposer”) has”;

(b) in paragraph (c)—

(i) for “authority have” substitute “proposer has”;

(ii) 45for “them” substitute “the proposer”.

(4) In subsection (6), for “the responsible local authority” substitute “a local

authority”.

(5) In subsection (9), for the words after “consult” substitute “the corporation,

unless the proposal relating to the order was made by the corporation”.

14 5In section 38 (payments in respect of loan liabilities), in subsection (2), for

“YPLA” in both places substitute “Secretary of State”.

15 (1) Section 49A (guidance about consultation with students and employers) is

amended as follows.

(2) In subsection (1)—

(a) 10after “further education sector” insert “in Wales”;

(b) for “appropriate authority” substitute “Welsh Ministers”.

(3) Omit subsection (3).

16 In section 53 (inspection of accounts), in subsection (2)—

(a) after “section 15ZA” insert “or 18A”;

(b) 15omit “61 or”.

17 (1) Section 56A (intervention by Chief Executive of Skills Funding) is amended

as follows.

(2) In subsection (1), for the words from “Chief Executive of Skills Funding” to

“Executive”)” substitute “Secretary of State”.

(3) 20In subsection (3), for “Chief Executive” substitute “Secretary of State”.

(4) Omit subsection (4).

(5) In subsections (5) and (6), for “Chief Executive”, wherever occurring,

substitute “Secretary of State”.

(6) For subsection (9) substitute—

“(9) 25The Secretary of State may not give a direction to a governing body

under subsection (6)(c) which relates to the dismissal of a member of

staff.”

(7) Omit subsection (10).

18 Section 56AA (appointment by Chief Executive of Skills Funding of

30members of governing body of further education institution) is repealed.

19 Section 56B (intervention policy: England) is repealed.

20 Section 56C (directions) is repealed.

21 Section 56D (notification by local authority or YPLA of possible grounds for

intervention) is repealed.

22 (1) 35Section 56E (intervention by local authority) is amended as follows.

(2) In subsection (1), for “responsible local authority are” substitute “Secretary

of State is”.

(3) In subsection (3), for “authority” substitute “Secretary of State”.

(4) For subsection (4) substitute—

“(4) In the case of a sixth form college which is specified, or falls within a

class specified, in an order under section 33J(2), before doing one or

more of those things, the Secretary of State must give the trustees of

5the sixth form college a notice stating—

(a) the matter or matters listed in subsection (2) as to which the

Secretary of State is satisfied;

(b) the reasons why the Secretary of State is so satisfied;

(c) the thing or things that the Secretary of State proposes to do;

(d) 10the reasons why the Secretary of State proposes to do that

thing or those things.”

(5) In subsection (5)—

(a) for “authority do” substitute “Secretary of State does”;

(b) for “authority must” substitute “Secretary of State must”;

(c) 15in paragraph (a), for “authority are” substitute “Secretary of State is”;

(d) in paragraph (b), for “authority have” substitute “Secretary of State

has”.

(6) In subsection (6)—

(a) for “The authority” substitute “The Secretary of State”;

(b) 20in paragraph (c), for “authority think” substitute “Secretary of State

thinks”.

(7) For subsection (9) substitute—

“(9) The Secretary of State may not give a direction to a governing body

under subsection (6)(c) which relates to the dismissal of a member of

25staff.”

(8) Omit subsection (10).

(9) In the heading, for “local authorities” substitute “Secretary of State”.

23 Section 56F (appointment by local authorities of members of sixth form

college governing body) is repealed.

24 30Section 56G (intervention policy: sixth form colleges) is repealed.

25 Section 56H (intervention by YPLA) is repealed.

26 Section 56I (appointment by YPLA of members of sixth form college

governing body) is repealed.

27 Section 56J (notification by Chief Executive of Skills Funding of possible

35grounds for intervention) is repealed.

28 (1) Section 82 (joint exercise of functions) is amended as follows.

(2) For subsection (1) substitute—

“(1) A relevant authority may exercise any of its functions jointly with—

(a) another relevant authority, or

(b) 40the Secretary of State, to the extent that the Secretary of State

is discharging functions under section 14 of the Education

Act 2002,

where the condition in subsection (1B) is met.

(1A) The Secretary of State may exercise functions under section 14 of the

Education Act 2002 jointly with a relevant authority where the

condition in subsection (1B) is met.

(1B) The condition is that it appears to the persons who are to exercise

5functions jointly that to do so—

(a) will be more efficient, or

(b) will enable them more effectively to discharge any of their

functions.”

(3) In subsection (2), for the words from the beginning to “provision” substitute

10“A relevant authority must, if directed to do so by the Secretary of State,

make provision jointly with another relevant authority or with the Secretary

of State”.

(4) In subsection (3)(a) omit “the YPLA,”.

29 In section 83 (efficiency studies), in the table in subsection (1B), for “YPLA”

15substitute “Secretary of State”.

30 In section 89(2) (orders and regulations not required to be made by statutory

instrument), after “33A(5)(b),” insert “33J(2), 33K(1), 33L(3),”.

31 (1) Section 90 (interpretation) is amended as follows.

(2) In subsection (1), omit the definitions of “the responsible local authority”

20and “the YPLA”.

(3) Omit subsection (2ZA).

32 In section 92 (index), omit the entries for “responsible local authority” and

“the YPLA”.

33 In Schedule 4 (instruments and articles of government for further education

25corporations), omit paragraphs 1A(a) and 1B.

Other amendments

34 (1) ASCLA 2009 is amended as follows.

(2) In section 256 (further education corporations in England: co-operation and

promotion of well-being), omit subsection (3).

(3) 30In Schedule 6 (dissolution of the Learning and Skills Council for England:

minor and consequential amendments), omit paragraphs 3(2), 4(a), 5(a), 7(2),

(3), (4)(b), (5)(a), (6) and (7), 8 to 11 and 12(a).

(4) In Schedule 8 (sixth form college sector), omit paragraphs 7 and 11(3).

Section 52

SCHEDULE 13 3516 to 19 Academies and alternative provision Academies: consequential

amendments

AA 2010

1 AA 2010 is amended as follows.

2 In section 4(3) (Academy orders: when maintained school is “converted

into” Academy) for “a school” substitute “an educational institution”.

3 (1) Section 6 (effect of Academy order) is amended as follows.

(2) In subsection (2), for “a school” substitute “an educational institution”.

(3) 5In subsection (3) —

(a) after “selective school” insert “and is to be converted into an

Academy school”;

(b) for “section 1(6)(c)” substitute “section 1A(1)(c)”;

(c) for “a school” substitute “an educational institution”.

(4) 10In subsection (5)—

(a) at the beginning insert “If the Academy is an Academy school,”;

(b) for “the Academy” substitute “it”.

(5) In subsection (7), after “the school” insert “(a)” and at the end insert “, and

“(b) is to be converted into an Academy school.”

4 (1) 15Schedule 1 (Academies: land) is amended as follows.

(2) In paragraph 6 (former Academies: transfer scheme for land acquired from

local authority)—

(a) in sub-paragraph (2), for “school” (in both places) substitute

“educational institution”;

(b) 20in sub-paragraph (3), for “school” substitute “educational

institution”;

(c) in sub-paragraph (5), for “the school” substitute “the educational

institution” and for “a school” substitute “an educational

institution”.

(3) 25In paragraph 7 (former Academies: transfer directions)—

(a) in sub-paragraph (3), for “school” (in both places) substitute

“educational institution”;

(b) in sub-paragraph (4), for “school” substitute “educational

institution”;

(c) 30in sub-paragraph (5), for “the school” substitute “the educational

institution” and for “a school” substitute “an educational

institution”.

(4) In paragraph 12(1) (interpretation)—

(a) for “a school” substitute “an educational institution”;

(b) 35for “the school” substitute “the educational institution”.

Other Acts

5 (1) EA 1996 is amended as follows.

(2) In section 4 (schools: general)—

(a) in subsection (1), for “subsection (1A)” substitute “subsections (1A)

40and (1B)”;

(b) after subsection (1A) insert—

“(1B) A 16 to 19 Academy is not a school.”

(3) In section 579(1) (general interpretation)—

(a) in the definition of “Academy”, for “a school” substitute “an

educational institution”;

(b) after the definition of “Academy order” insert—

• 5““Academy school”, “16 to 19 Academy” and
  
  “alternative provision Academy” have the meanings
  
  given by sections 1A, 1B and 1C respectively of that
  
  Act;”.

(4) In section 580 (index), at the appropriate places insert the following entries—

(5) In paragraph 15(2) of Schedule 1 (management committees of pupil referral

15units), after paragraph (g) insert—

“(ga) about the effect of closure of a pupil referral unit on

members of the management committee for the unit or

members of any sub-committee;”.

Section 59

SCHEDULE 14 20Academies: land

Schedule 1 to AA 2010

1 For Schedule 1 to AA 2010 (Academies: land) substitute—

Section 13

“Schedule 1 Academies: land

Part 1 25Land held by a local authority

Transfer scheme where land ceases to be used for purposes of a school

1 (1) The Secretary of State may make a scheme in relation to land if the

requirements in sub-paragraph (2) are met.

(2) The requirements are as follows—

(a) 30a local authority holds a freehold or leasehold interest in

the land when the scheme is made;

(b) at any time in the period of eight years ending with the day

on which the scheme is made the land was used wholly or

mainly for the purposes of a school;

(c) at the time the scheme is made the land is no longer used

for the purposes of the school mentioned in paragraph (b)

or the Secretary of State thinks it is about to be no longer so

used.

(3) 5The scheme must meet the requirements in paragraph 3(1).

Transfer scheme following proposals for establishment of new Academy

2 (1) The Secretary of State may make a scheme in relation to land if the

requirements in sub-paragraph (2) are met.

(2) The requirements are as follows—

(a) 10a local authority holds a freehold or leasehold interest in

the land when the scheme is made;

(b) the land forms the whole or part of a site specified in a

notification given to the Secretary of State under section 6A

of EIA 2006, or a notice published under section 7 of that

15Act, (proposals for new schools) as a possible site for a new

school;

(c) before making the scheme, the Secretary of State consulted

the authority.

(3) The scheme must meet the requirements in paragraph 3(1).

20Transfer schemes under paragraphs 1 and 2: general

3 (1) These requirements must be met as regards a scheme under

paragraph 1 or 2—

(a) the scheme must provide for a transfer of the land or such

part of it as is specified in the scheme;

(b) 25the scheme must specify whether the transfer is the

transfer of a freehold or leasehold interest in the land or the

grant of a lease in respect of the land (see paragraph 22(4));

(c) the transfer must be to a person who is specified in the

scheme and is concerned with the running of an Academy;

(d) 30the transfer must be made to the transferee for the

purposes of the Academy;

(e) in the case of a scheme under paragraph 2, the Academy

must have been the subject of proposals under section 6A

or 7 of EIA 2006;

(f) 35the scheme must make provision about the transfer to the

transferee of any right or liability held by the local

authority as holder of the land or specified part concerned.

(2) In sub-paragraph (1) the reference to a right or liability—

(a) includes a reference to a right or liability as a trustee, but

(b) 40excludes a reference to a liability in respect of the principal

of or interest on a loan.

(3) A scheme may include incidental, consequential, supplemental

and transitional provision.

(4) A scheme under paragraph 1 must be so expressed that it does not

come into force while the land concerned is used for the purposes

of the school mentioned in paragraph 1(2)(b).

(5) A scheme comes into force—

(a) 5on the day it specifies for it to come into force, or

(b) on the day it otherwise identifies as the day for it to come

into force.

(6) When a scheme comes into force it has effect to transfer (in

accordance with its provisions) the land, rights and liabilities to

10which it applies.

(7) A transfer made by virtue of a scheme is binding on all persons

even if, apart from this sub-paragraph, it would have required the

consent or concurrence of any person.

Restriction on disposal of school land held by local authority

4 (1) 15Sub-paragraph (2) applies if—

(a) a freehold or leasehold interest in land is held by a local

authority,

(b) the authority proposes to make a disposal in respect of the

land, and

(c) 20at any time in the period of eight years ending with the day

on which the disposal is proposed to be made, the land

was used wholly or mainly for the purposes of a school.

(2) Unless the Secretary of State consents, the authority must not

make the disposal.

(3) 25Sub-paragraph (2) does not apply to a disposal made in pursuance

of a contract made, or option granted, before 26 July 2002.

(4) A disposal is not invalid only because it is made in contravention

of sub-paragraph (2).

(5) A person acquiring land, or entering into a contract to acquire it, is

30not to be concerned to enquire whether the consent required by

sub-paragraph (2) has been given.

5 (1) This paragraph applies if a local authority has made a disposal in

contravention of paragraph 4(2).

(2) In a case where the authority has made a disposal within the

35meaning of this Schedule because it has granted an option (see

paragraph 22(5)(d)), the Secretary of State may by notice served on

the option holder repudiate the option at any time before it is

exercised.

(3) In a case where the authority has made a disposal within the

40meaning of this Schedule because it has entered into a contract to

dispose of land (see paragraph 22(5)(c)), 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 land is executed.

(4) A repudiation under sub-paragraph (2) or (3) has effect—

(a) 45when the notice is served, and

(b) as if the repudiation were made by the authority.

(5) In a case where the land has been transferred (whether or not in

pursuance of an option or contract falling within sub-paragraph

(2) or (3)) the Secretary of State may purchase the land

5compulsorily.

(6) The Acquisition of Land Act 1981 applies in relation to the

compulsory purchase of land under sub-paragraph (5).

(7) On completion of a compulsory purchase of land under sub-

paragraph (5) the Secretary of State must transfer it to a person

10concerned with the running of an Academy.

(8) If the Secretary of State acquires land by compulsory purchase

under sub-paragraph (5), the Secretary of State is entitled to

recover from the authority an amount equal to the aggregate of—

(a) the compensation agreed or awarded in respect of the

15purchase,

(b) any interest payable by the Secretary of State in respect of

the compensation, and

(c) the costs and expenses incurred by the Secretary of State in

connection with the making of the compulsory purchase

20order.

(9) The authority must provide the Secretary of State with such

information as the Secretary of State may require it to provide in

connection with a compulsory purchase under sub-paragraph (5).

Restriction on appropriation of school land held by local authority

6 (1) 25Sub-paragraph (2) applies if—

(a) a freehold or leasehold interest in land is held by a local

authority,

(b) the authority proposes to make an appropriation of the

land under section 122 of the Local Government Act 1972,

30and

(c) at any time in the period of eight years ending with the day

on which the appropriation is proposed to be made the

land was used wholly or mainly for the purposes of a

school.

(2) 35Unless the Secretary of State consents, the authority must not

make the appropriation.

7 (1) This paragraph applies if a local authority has made an

appropriation in contravention of paragraph 6(2).

(2) The Secretary of State may purchase the land concerned

40compulsorily.

(3) Paragraph 5(6) to (9) apply to a compulsory purchase of land

under sub-paragraph (2) as they apply to a compulsory purchase

of land under paragraph 5(5).

Class consents

8 For the purposes of paragraphs 4(2) and 6(2), the consent of the

Secretary of State—

(a) may be given in relation to a particular case or class of case,

5and

(b) may be given subject to conditions.

Duty to inform Secretary of State on proposed change of use of school land

9 (1) Sub-paragraph (2) applies if—

(a) a freehold or leasehold interest in land is held by a local

10authority,

(b) the authority proposes to change the use of the land in

such a way that (were the change made) the land would

cease to be capable of use wholly or mainly for the

purposes of a school, and

(c) 15at any time in the period of eight years ending with the

date of the proposed change of use the land was used

wholly or mainly for the purposes of a school.

(2) The authority must inform the Secretary of State of the proposal.

Part 2 20Land held by a governing body, a foundation body or trustees

Power of Secretary of State to make direction where Academy order made