2012248.37-38

Session 2010 - 12
Internet Publications
Other Bills before Parliament

Lords Amendments to the Education Bill

37
86
Page 99, line 34, after “school” insert “or a 16 to 19 Academy”
87
Page 100, line 14, after “school” insert “or a 16 to 19 Academy”
88
Page 100, line 17, after “school” insert “or a 16 to 19 Academy”
89
Page 103, line 9, at end insert—


“This is subject to sub-paragraph (1A).

    (1A)
If a leasehold interest in land is held for the purposes of a new Academy,

this paragraph does not apply to—

(a)
that or any other leasehold interest in the land, or

(b)
a freehold interest in the land.

    (1B)
An Academy is a new Academy for the purposes of sub-paragraph (1A)

if, by virtue of section 9(1)(a) (new educational institutions), the duty in

section 9(2) (impact on other schools etc) applied when the Secretary of

State was deciding whether to enter into Academy arrangements in

relation to it.”
90
Page 103, line 10, after “land” insert “to which this paragraph applies”
91
Page 103, line 14, after “land” insert “to which this paragraph applies”
92
Page 103, line 21, after “land” insert “(subject to sub-paragraph (6))”
93
Page 103, line 24, at end insert—

    “(6)
Where the land is vested in the official custodian for charities in trust for

a charity, a notice under sub-paragraph (4) must be served—

(a)
on the charity, if the charity is a corporate charity;

(b)
on the persons having the general control and management of

the administration of the charity, in any other case.”
94
Page 103, line 27, leave out from beginning to end of line 30 and insert—

“(a)
an educational institution ceases to be an Academy, and

(b)
immediately before it does so, publicly funded land is held by a

person for the purposes of the Academy.”
95
Page 103, line 31, leave out “(1)(b)” and insert “(1)(a)”
96
Page 113, line 8, at end insert—

“
Section 482 of EA 1996 (Academies) is repealed.”
97
Page 113, line 38, at end insert—

“
In section 65 of EA 2002 (Academies), omit subsection (1).”
98
Page 113, line 38, at end insert—

“   (1)
Section 12 of AA 2010 (charitable status of Academy proprietors etc) is

amended as follows.

      (2)
After subsection (1) insert—

“(1A)
In the definition of “trust corporation” in the provisions listed in

subsection (1B), the reference to a corporation appointed by the

court in any particular case to be a trustee includes a reference to

a qualifying Academy proprietor.

(1B)
The provisions are—

38

(a)
section 117(1)(xxx) of the Settled Land Act 1925;

(b)
paragraph (18) of section 68(1) of the Trustee Act 1925;

(c)
section 205(1)(xxviii) of the Law of Property Act 1925;

(d)
section 55(1)(xxvi) of the Administration of Estates Act

1925;

(e)
section 128 of the Senior Courts Act 1981.”

      (3)
In the heading, after “charitable” insert “and trust corporation”.”
Schedule 16
99
Page 115, line 34, at end insert—

“Value Added Tax Act 1994 (c. 23)

    (4)
Group 6 of Part 2 of Schedule 9 to the Value Added Tax Act 1994

(exemptions: education) is amended as follows.

      (5)
In item 5A—

(a)
omit paragraph (a);

(b)
in paragraph (b), for “that Act” substitute “the Apprenticeships,

Skills, Children and Learning Act 2009”.

      (6)
After item 5A insert—

“5B
The provision of education or vocational training and the

supply, by the person providing that education or training, of

any goods or services essential to that provision, to persons

who are—

(a)
aged under 19,

(b)
aged 19 or over, in respect of education or training

begun by them when they were aged under 19,

(c)
aged 19 or over but under 25 and subject to learning

difficulty assessment, or

(d)
aged 25 or over, in respect of education or training

begun by them when they were within paragraph (c),


to the extent that the consideration payable is ultimately a

charge to funds provided by the Secretary of State.”

      (7)
In note (5A), for “item 5A” substitute “items 5A and 5B”.

      (8)
After note (5A) insert—

“(5B)
In item 5B, “subject to learning difficulty assessment” has the

same meaning as in the Education Act 1996.””
Schedule 18
100
Page 121, line 31, leave out paragraph 7