2012248.19-25

Session 2010 - 12
Internet Publications
Other Bills before Parliament

Lords Amendments to the Education Bill

19

(7)
A further education corporation in Wales may, with the consent

of the Welsh Ministers—

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

articles, or

(b)
modify their existing articles.

(8)
The Welsh Ministers may by a direction under this section

require further education corporations in Wales, any class of

such corporations specified in the direction or any particular

further education corporation so specified—

(a)
to modify, replace or revoke their articles of government,

or

(b)
to secure that any rules or bye-laws made in pursuance of

their articles of government are modified, replaced or

revoked,


in any manner so specified.

(9)
Before giving a direction under this section, the Welsh Ministers

must consult the further education corporation or (as the case

may be) each further education corporation to which the

direction applies.”
50
Page 90, line 19, leave out paragraph 4 and insert—

“
For section 27 substitute—

“27
Proposals for dissolution of further education corporations:

England

(1)
This section applies if a further education corporation in England

propose that the corporation should be dissolved.

(2)
The corporation must publish details of the proposal, and such

other information as may be prescribed, in accordance with

regulations.

(3)
The corporation must consult on the proposal, and take account

of the views of those consulted, in accordance with regulations.

27A
Dissolution of further education corporations: England

(1)
This section and section 27B apply if, after complying with

section 27, a further education corporation in England resolve

that the corporation should be dissolved on a specified date.

(2)
“The dissolution date” means the date specified in a resolution

under subsection (1).

(3)
The corporation must notify the Secretary of State of the

resolution and the dissolution date as soon as reasonably

practicable.

(4)
The corporation are dissolved on the dissolution date.

27B
Dissolution of further education corporations: England: transfer of

property, rights and liabilities

(1)
At any time before the dissolution date, the corporation may

transfer any of their property, rights or liabilities to such person

20

or body, or a person or body of such description, as may be

prescribed.

(2)
The corporation may do so only with the consent of the person or

body concerned.

(3)
A transfer under subsection (1) has effect on the dissolution date.

(4)
Subsection (5) applies if a person or body prescribed, or of a

description prescribed, under subsection (1) is not a charity

established for charitable purposes which are exclusively

educational purposes.

(5)
Any property transferred to the person or body must be

transferred on trust to be used for charitable purposes which are

exclusively educational purposes.

27C
Dissolution of further education corporations: Wales

(1)
Subject to the following provisions of this section, the Welsh

Ministers may by order provide for—

(a)
the dissolution of a further education corporation in

Wales, and

(b)
the transfer to any person mentioned in subsection (2) or

(3) of property, rights and liabilities of the corporation.

(2)
Such property, rights and liabilities may, with the consent of the

person or body concerned, be transferred to—

(a)
any person appearing to the Welsh Ministers to be wholly

or mainly engaged in the provision of educational

facilities or services of any description, or

(b)
any body corporate established for purposes which

include the provision of such facilities or services.

(3)
Such property, rights and liabilities may be transferred to a

higher education funding council.

(4)
Where the recipient of a transfer under an order under this

section is not a charity established for charitable purposes which

are exclusively educational purposes, any property transferred

must be transferred on trust to be used for charitable purposes

which are exclusively charitable purposes.

(5)
An order under this section may apply section 26 with such

modifications as the Welsh Ministers consider necessary or

desirable.

(6)
Before making an order under this section in respect of a further

education corporation, the Welsh Ministers must consult—

(a)
the corporation, and

(b)
the Chief Executive of Skills Funding, if the institution

conducted by the corporation mainly serves the

population of England, or receives financial support from

the Chief Executive of Skills Funding.””
51
Page 90, line 21, leave out paragraph 5 and insert—

“
For section 29 substitute—

21

“29
Government and conduct of designated institutions

(1)
This section applies to a designated institution, other than—

(a)
an institution conducted by a company, or

(b)
an institution conducted by an unincorporated

association, if the order designating the institution

provides for its exemption.

(2)
For each designated institution to which this section applies,

there is to be—

(a)
an instrument providing for the constitution of a

governing body of the institution (to be known as the

instrument of government), and

(b)
an instrument in accordance with which the institution is

to be conducted (to be known as the articles of

government).

(3)
In sections 29A to 29C—

“instrument” means an instrument of government or

articles of government;

“regulatory instrument”, in relation to an institution,

means—

(a)
an instrument of government or articles of

government, or

(b)
any other instrument relating to or regulating the

institution.

29A
First post-designation instruments and articles of designated

institutions: England and Wales

(1)
The first post-designation instrument and articles of government

of a designated institution to which section 29 applies must each

comply with subsection (3) and (if the institution is in Wales)

subsection (6).

(2)
The “first post-designation instrument and articles of

government” of a designated institution are the first instrument

of government and articles of government that the institution has

after the designation takes effect.

(3)
The instrument must meet one of the following requirements—

(a)
the instrument was in force when the designation took

effect and is approved for the purposes of this section by

the appropriate authority;

(b)
the instrument—

(i)
is made in pursuance of a power under a

regulatory instrument or (where there is no such

power) by the governing body of the institution,

and

(ii)
(in either case) is approved for the purposes of

this section by the appropriate authority;

(c)
the instrument is made by the appropriate authority by

order.

(4)
An instrument made by the governing body under subsection

(3)(b) or the appropriate authority under subsection (3)(c) may

replace wholly or in part an existing regulatory instrument.

22

(5)
Before making an instrument under subsection (3)(c), the

appropriate authority must, so far as it appears practicable to do

so, consult—

(a)
the governing body of the institution, and

(b)
where there is power under a regulatory instrument to

make the instrument, and that power is exercisable by

persons other than the governing body of the institution,

the persons by whom the power is exercisable.

(6)
If the institution is in Wales, provision made by the instrument in

relation to the appointment of members of the governing body

must take into account the members who may be appointed by

the Welsh Ministers under section 39 of the Learning and Skills

Act 2000.

(7)
In this section “the appropriate authority”—

(a)
in relation to an institution in England, means the

Secretary of State;

(b)
in relation to an institution in Wales, means the Welsh

Ministers.

29B
Changes to instruments and articles: England

(1)
This section applies to a designated institution in England which

is an institution to which section 29 applies.

(2)
The governing body of the institution may modify or replace its

instrument of government and articles of government.

(3)
The instrument of government and articles of government (as

modified or replaced)—

(a)
must comply with the requirements of Part 2 of Schedule

4, and

(b)
subject to that, may make such other provision as may be

necessary or desirable.

29C
Changes to instruments and articles: Wales

(1)
This section applies to a designated institution in Wales which is

an institution to which section 29 applies.

(2)
Subject to subsection (3), the governing body of the institution

may modify, replace or revoke its instrument of government and

articles of government if —

(a)
the instrument falls within section 29A(3)(a),

(b)
the instrument was made by the governing body, or

(c)
the instrument was made in pursuance of a power under

a regulatory instrument, where there is no other power to

modify it.

(3)
An instrument approved under section 29A(3)(a) or (b) by the

Welsh Ministers may not be modified, replaced or revoked

without the consent of the Welsh Ministers.

(4)
The Welsh Ministers may by order modify, replace or revoke the

instrument of government or articles of government of the

institution.

23

(5)
Before making an order under subsection (4), the Welsh

Ministers must, so far as it appears practicable to do so, consult—

(a)
the governing body of the institution, and

(b)
where there is power under a regulatory instrument to

make the instrument, and that power is exercisable by

persons other than the governing body of the institution,

the persons by whom the power is exercisable.”
52
Page 90, line 22, at end insert—

“
In section 30 (special provision for certain institutions), in subsection (1)

for “section 29” substitute “sections 29 to 29C”.”
53
Page 90, line 32, at end insert—

“
In section 33E (principal powers of a sixth form college corporation), in

subsection (2), after “subsection (1)” insert “and (in the case of a sixth

form college corporation to which section 33J applies) section 33J(1A)””
54
Page 90, line 33, at end insert—

“( )
in subsection (6)(e)(ii), for “27” substitute “27C or 33P”;”
55
Page 90, line 39, at end insert—

“
In section 33I(2) (instrument and articles of government of sixth form

college corporations)—

(a)
in paragraph (a), after “requirements of” insert “Part 2 of”;

(b)
for paragraph (b) substitute—

“(b)
subject to that, may make such other provision as

may be necessary or desirable.””
56
Page 90, line 39, at end insert—

“   (1)
Section 33J (special provision for certain institutions) is amended as

follows.

      (2)
After subsection (1) insert—

“(1A)
A sixth form college corporation to which this section applies

may (accordingly) conduct the relevant sixth form college in a

way that secures that the established character of the sixth form

college is preserved and developed (and, in particular, in a way

that is in accordance with any trust deed relating to the college).”

      (3)
In subsection (3)—

(a)
for “reference in subsection (1)(a) to the established character of

a sixth form college is” substitute “references in subsections (1)(a)

and (1A) to the established character of a sixth form college are”;

(b)
for “a reference” substitute “references”.”
57
Page 91, line 1, leave out paragraph (b) and insert—

“(b)
for subsection (2) substitute—

“(2)
An order under subsection (1) may not be made unless—

(a)
the Secretary of State has consulted the

corporation, and

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

which section 33J applies, the trustees of the

24

relevant sixth form college have given their

consent.””
58
Page 91, line 2, leave out paragraphs 12 and 13 and insert—

“
For section 33L substitute—

“33L
Changes to instruments and articles

(1)
A sixth form college corporation may modify or replace their

instrument of government or articles of government.

(2)
A sixth form college corporation to which section 33J applies may

do the things mentioned in subsection (1) only with the consent

of the trustees of the relevant sixth form college.”


For section 33N substitute—

“33N
Proposals for dissolution of sixth form college corporations

(1)
This section applies if a sixth form college corporation propose

that the corporation should be dissolved.

(2)
The corporation must publish details of the proposal, and such

other information as may be prescribed, in accordance with

regulations.

(3)
The corporation must consult on the proposal, and take account

of the views of those consulted, in accordance with regulations.

33O
Dissolution of sixth form college corporations

(1)
This section and section 33P apply if, after complying with

section 33N, a sixth form college corporation resolve that the

corporation should be dissolved on a specified date.

(2)
“The dissolution date” means the date specified in a resolution

under subsection (1).

(3)
The corporation must notify the Secretary of State of the

resolution and the dissolution date as soon as reasonably

practicable.

(4)
The corporation are dissolved on the dissolution date.

33P
Dissolution of sixth form college corporations: transfer of

property, rights and liabilities

(1)
At any time before the dissolution date, the corporation may

transfer any of their property, rights or liabilities to such person

or body, or a person or body of such description, as may be

prescribed, subject to subsection (4).

(2)
The corporation may do so only with the consent of the person or

body concerned.

(3)
A transfer under subsection (1) has effect on the dissolution date.

(4)
In the case of a sixth form college corporation to which section 33J

applies, any property held by the corporation on trust for the

purposes of the relevant sixth form college must be transferred to

the trustees of the relevant sixth form college.

25

(5)
Subsection (6) applies if a person or body prescribed, or of a

description prescribed, under subsection (1) is not a charity

established for charitable purposes which are exclusively

educational purposes.

(6)
Any property transferred to the person or body must be

transferred on trust to be used for charitable purposes which are

exclusively educational purposes.

(7)
Subsection (6) does not apply to property transferred to the

person or body by virtue of subsection (4).””
59
Page 92, line 7, leave out paragraph 15 and insert—

“15
Section 49A (guidance about consultation with students and

employees), as it has effect in relation to England, is repealed.”
60
Page 92, line 12, at end insert—

“
Section 51 (publication of proposals) is repealed.”
61
Page 92, line 23, at end insert—

    “( )
In subsection (7), after “include” insert “— (a)” and at the end insert—

“(b)
a direction requiring a governing body to make a

resolution under section 27A(1) for the body to be

dissolved on a date specified in the direction.

(7A)
A governing body to which a direction such as is mentioned in

subsection (7)(b) is given is to be taken for the purposes of section

27A(1) to have complied with section 27 before making the

resolution required by the direction.””
62
Page 93, leave out lines 2 to 11 and insert—

“(4)
Subsections (4A) and (4B) apply to a sixth form college which is

specified, or falls within a class specified, in an order under

section 33J(2).

(4A)
Before doing one or more of the things listed in subsection (6), the

Secretary of State must consult—

(a)
the trustees of the sixth form college, and

(b)
each person or body with power under the college’s

instrument of government to appoint or nominate one or

more of its foundation governors.

(4B)
After carrying out a consultation under subsection (4A), the

Secretary of State must give the persons and bodies consulted a

notice stating—

(a)
what the Secretary of State has decided to do;

(b)
the reasons for the decision.””
63
Page 93, line 13, leave out from “for” to end of line 14 and insert ““authority do one

or more of those things, the authority” substitute “Secretary of State does one or

more of the things listed in subsection (6), the Secretary of State””
64
Page 93, line 21, at end insert—

    “( )
In subsection (7), after “include” insert “— (a)” and at the end insert—