Deregulation Bill (HC Bill 162)

or over, to the extent that the consideration payable is ultimately a
charge to funds provided by the Secretary of State in exercise of
functions under Part 4 of the Apprenticeships, Skills, Children and
Learning Act 2009.”

5Learning and Skills Act 2000 (c.21)2000 (c.21)

44 In section 144 of the Learning and Skills Act 2000 (designated institutions:
disposal of land, &c), in subsection (9)—

(a) in paragraph (a), omit “for the purposes of a sixth form college”;

(b) omit paragraph (aa).

10Education Act 2002 (c.32)2002 (c.32)

45 In section 183 of the Education Act 2002 (transfer of functions relating to
allowances under section 181), in subsection (1)—

(a) omit paragraph (a);

(b) omit the “or” at the end of paragraph (aa).

15Education Act 2005 (c.18)2005 (c.18)

46 The Education Act 2005 is amended as follows.

47 In section 92 (joint exercise of functions), in subsection (2), omit “, the Chief
Executive of Skills Funding”.

48 In section 108 (supply of information: education maintenance allowances),
20in subsection (3), omit paragraph (b).

Education and Inspections Act 2006 (c.40)2006 (c.40)

49 The Education and Inspections Act 2006 is amended as follows.

50 In section 123 (education and training to which this Chapter applies), in
subsection (1), in each of paragraphs (b), (c) and (g), omit “or the Chief
25Executive”.

51 In section 124 (inspection of education and training to which this Chapter
applies), in subsection (5), omit paragraph (ba).

52 In section 125 (inspection of further education institutions), in subsection (5),
omit paragraph (ba) (but not the “and” following it).

53 30In section 126 (other inspections), in subsection (4), omit paragraph (ba).

54 In section 128 (area inspections), in subsection (3), omit paragraph (aa) (but
not the “or” following it).

55 In section 129 (reports of area inspections), in subsection (2), omit paragraph
(ba) (but not the “and” following it).

56 (1) 35Section 130 (action plans following area inspections) is amended as follows.

(2) Omit subsection (2).

(3) In subsection (4)—

(a) omit “(2) or”;

(b) omit “the Chief Executive or”.

(4) In subsection (5), omit “Chief Executive or the”.

57 In section 159 (interpretation of Part 8), in subsection (1), omit the definition
of “the Chief Executive”.

Local Government and Public Involvement in Health Act 2007 (c.28)2007 (c.28)

58 5In section 104 of the Local Government and Public Involvement in Health
Act 2007 (application of Chapter: partner authorities), in subsection (4), omit
paragraph (f).

Education and Skills Act 2008 (c.25)2008 (c.25)

59 The Education and Skills Act 2008 is amended as follows.

60 10In section 13 (notification of non-compliance with duty imposed by section
2), in subsection (5)(f), for “, the Secretary of State or the Chief Executive of
Skills Funding” substitute “or the Secretary of State”.

61 In section 72 (educational institutions), in subsection (5)(f), for “the Secretary
of State or the Chief Executive of Skills Funding” substitute “or the Secretary
15of State”.

62 In section 77 (supply of information by public bodies), omit subsection
(2)(ba).

63 In section 132 (providers of independent education or training for 16 to 18
year olds), in subsection (2)(b)(iv), omit “or the Chief Executive of Skills
20Funding”.

Section 36

SCHEDULE 13 Further and higher education: reduction of burdens

Part 1 Measures applying to England and Wales

25Control of interest rates on loans

1 In the Further Education Act 1985, omit section 3 (which confers powers on
the Secretary of State and the Welsh Ministers to determine the minimum
rate of interest on loans made under that Act by local authorities to certain
bodies providing education etc).

30Powers of Secretary of State in relation to local authority maintained institutions

2 (1) The Education (No. 2) Act 1986 is amended as follows.

(2) Omit section 61 (which makes provision about the minimum age for
governors of higher or further education institutions maintained by local
authorities and about the participation of students in proceedings of
35governing bodies of such institutions).

(3) Omit section 62 (which confers powers on the Secretary of State and the
Welsh Ministers to make provision by regulations requiring governing
bodies of higher or further education institutions maintained by local
authorities to make documents and information relating to the governing
5bodies available).

3 (1) The Education Reform Act 1988 is amended as follows.

(2) Omit section 158 (which requires the governing bodies of institutions
providing full-time education which are maintained by local authorities in
the exercise of their higher or further education functions to make reports
10and returns etc to the Secretary of State or Welsh Ministers on request).

(3) Omit section 159 (which confers powers on the Secretary of State and Welsh
Ministers to make provision by regulations requiring local authorities to
publish information relating to institutions providing full-time education
which are maintained by the authorities in the exercise of their higher or
15further education functions).

(4) Omit section 219 (which confers default powers etc on the Secretary of State
and Welsh Ministers in relation to governing bodies of institutions
maintained by local authorities and providing higher or further education).

Transfer of property etc

4 (1) 20The Further and Higher Education Act 1992 is amended as follows.

(2) Omit sections 23 to 26 (which make provision about the transfer of property
etc to further education corporations established to conduct certain other
institutions in the education sector).

(3) Omit sections 32 and 33 (which make provision about the transfer of
25property etc to institutions designated under section 28 of the 1992 Act).

(4) Omit section 34 (which confers power on the Secretary of State and Welsh
Ministers by order to provide for property of a local authority to be made
available for use by institutions within the further education sector).

(5) In consequence of sub-paragraphs (2) to (4)—

(a) 30in section 19(4)(c), for “23” substitute “27”;

(b) omit section 35;

(c) omit section 36;

(d) omit section 38;

(e) omit section 58;

(f) 35in section 84—

(i) in subsection (1)(a), omit “Part 1 of this Act or”;

(ii) in subsection (2), omit “Part 1 of this Act or, as the case may
be,”;

(g) in section 88(1)—

(i) 40omit “23, 25,”;

(ii) omit “32,”;

(h) in section 88A(1)—

(i) omit “25,”;

(ii) omit “32,”;

(i) 45omit Schedule 5.

Part 2 Measures applying to England only

Control of governance of designated institutions conducted by companies

5 (1) Section 31 of the Further and Higher Education Act 1992 (which confers
5powers on the Secretary of State and the Welsh Ministers to give directions
for the purpose of securing that the articles of association etc of institutions
designated under section 28 of that Act and conducted by companies are
amended as specified in the directions) ceases to have effect in relation to
England.

(2) 10Accordingly, in section 31(1), after “designated institution”, insert “in
Wales”.

Conversion of sixth form college corporations into further education corporations

6 In section 33D of the Further and Higher Education Act 1992 (conversion of
sixth form college corporations into further education corporations)—

(a) 15omit subsection (2)(b) (which confers power on the Secretary of State
to covert a sixth form college corporation established in England into
a further education corporation if satisfied that it is no longer
appropriate for the body to be a sixth form college corporation), and
the “or” before it;

(b) 20omit subsection (4) (which makes provision about consultation
before the exercise of the power for that purpose).

Powers of Secretary of State in relation to local authority maintained institutions

7 In section 56A of the Further and Higher Education Act 1992 (intervention
powers of the Secretary of State in relation to England), for subsection (1)
25substitute—

“(1) This section applies if the Secretary of State is satisfied as to one or
more of the matters listed in subsection (2) in the case of—

(a) an institution in England within the further education sector,
other than a sixth form college, or

(b) 30an institution in England which is maintained by a local
authority and provides further education, other than an
institution within the higher education sector,

and, in either case, it is immaterial whether or not a complaint is
made by any person.”

35Regulation of qualification requirements for teaching staff and principals

8 (1) The following provisions of the Education Act 2002 cease to have effect in
relation to England—

(a) section 136(a) (which allows regulations to be made prohibiting the
provision of education at a further education institution by a person
40who does not have a specified qualification);

(b) section 136(b) (which allows regulations to be made prohibiting the
provision of education at a further education institution by a person
unless the person is serving or has served a probationary period);

(c) section 137 (which allows regulations to be made providing that a
person may serve as the principal of a further education institution
only if the person has a specified qualification);

(d) section 138 (which makes further provision for the purposes of
5sections 136 and 137).

(2) Accordingly, those provisions are amended as follows—

(a) in section 136(a), after “further education institution” insert “in
Wales”;

(b) in section 136(b), after “further education institution” insert “in
10Wales”;

(c) in section 137(1), after “further education institution” insert “in
Wales”;

(d) in section 138, omit subsection (2).

Section 37

SCHEDULE 14 15Schools: reduction of burdens

Responsibility for determining behaviour policy

1 (1) Section 88 of the Education and Inspections Act 2006 (responsibility of
governing body for discipline) is amended as follows.

(2) Before subsection (1) insert—

“(A1) 20The governing body of a relevant school in England must ensure that
the head teacher determines measures under section 89(1).”

(3) In subsection (1), after “relevant school” insert “in Wales”.

(4) In subsection (2), after “governing body” insert “of a relevant school in
Wales”.

(5) 25In subsection (4)—

(a) omit paragraph (a), and the “and” following it;

(b) in paragraph (b), omit “in relation to Wales,”.

(6) In consequence of the amendments made to section 88, in section 89 of the
2006 Act (determination by head teacher of behaviour policy)—

(a) 30omit subsection (2);

(b) in subsection (3), omit “, so far as it is not determined by the
governing body”.

Home-school agreements

2 (1) Sections 110 and 111 of the School Standards and Framework Act 1998
35(which require the governing bodies of certain schools to adopt home-school
agreements) cease to have effect in relation to schools in England.

(2) Accordingly, in section 110(1)—

(a) in the opening words, after “of a school” insert “in Wales”;

(b) omit paragraph (b) and the “or” before it.

Determining school terms

3 (1) Section 32 of the Education Act 2002 (responsibility for fixing dates of terms
and holidays and times of sessions), as amended by the Education (Wales)
Act 2014, is amended as follows.

(2) 5Omit subsection (1).

(3) In subsection (2), for the words from “In the case of” to “governing body”
substitute “The governing body of a maintained school in England”.

(4) In subsection (3), in paragraph (a), for “a school within subsection (1)”
substitute “a community, voluntary controlled or community special school
10in England”.

Staffing matters

4 (1) Section 35(8) of the Education Act 2002 (which requires local authorities etc
to have regard to guidance in relation to certain staffing matters at
community, voluntary controlled and community special schools and
15maintained nursery schools) ceases to have effect in relation to schools in
England.

(2) Accordingly, in section 35(8)—

(a) after “local authority” insert “in Wales”;

(b) after “maintained school” insert “in Wales”;

(c) 20omit paragraph (a) and the “or” following it;

(d) in paragraph (b), omit “in relation to Wales”.

5 (1) Section 36(8) of the Education Act 2002 (which requires local authorities etc
to have regard to guidance in relation to certain staffing matters at
foundation, voluntary aided and foundation special schools) ceases to have
25effect in relation to schools in England.

(2) Accordingly, in section 36(8)—

(a) after “local authority” insert “in Wales”;

(b) after “maintained school” insert “in Wales”;

(c) omit paragraph (a) and the “or” following it;

(d) 30in paragraph (b), omit “in relation to Wales”.

Publication of reports

6 (1) The Education Act 2005 is amended in accordance with sub-paragraphs (2)
to (4).

(2) Omit the following provisions—

(a) 35section 11C(4) (provision of copies of reports relating to the
investigation of certain complaints about schools);

(b) section 14A(4) (publication, and provision of copies, of interim
statements about maintained schools).

(3) In section 14, for subsection (4) (publication, and provision of copies, of
40reports of certain general school inspections) substitute—

“(4) The appropriate authority must take such steps as are reasonably
practicable, within such period following the receipt by it of the

report as may be prescribed, to secure that every registered parent of
a registered pupil at the school is informed of the overall assessment
contained in the report of the quality of education provided in the
school.”

(4) 5In section 49, for subsection (4) (publication, and provision of copies, of
reports relating to denominational education and collective worship at
certain schools) substitute—

“(4) The governing body must take such steps as are reasonably
practicable, within such period following the receipt by it of the
10report as may be prescribed, to secure that every registered parent of
a registered pupil at the school is informed of the overall assessment
contained in the report of—

(a) the quality of the denominational education provided by the
school, and

(b) 15the content of the school’s collective worship.”

Where the school is a voluntary or foundation school which has
20been designated under section 69(3) of the School Standards and
Framework Act 1998 as having a religious character, information
as to where and by what means parents may access the most
recent report about the school sent to the governing body under
section 49 of the Education Act 2005.”

Section 39

25SCHEDULE 15 Amendments consequential on section 39

Licensing Act 2003 (c. 17)2003 (c. 17)

1 The Licensing Act 2003 is amended as follows.

2 In section 10 (sub-delegation of functions by licensing committee etc), omit
30subsection (4)(a)(xi).

3 In section 115 (period of validity of personal licence), omit subsection (2)(b)
and (c).

4 (1) In the italic heading before section 117 (application for grant or renewal of
personal licence), omit “and renewal”.

(2) 35In the heading, omit “or renewal”.

(3) Omit subsection (1).

(4) In subsection (2), after “An application” insert “by an individual”.

(5) Omit subsections (3), (4) and (6).

5 Omit section 119 (licence continued pending renewal).

6 40Omit section 121 (determination of application for renewal).

7 (1) Section 122 (notification of determinations) is amended as follows.

(2) In subsection (3), in the definition of “application” omit “or renewal”.

(3) In the definition of “objection notice” in that subsection, omit “or 121, as the
case may be”.

8 5In section 123 (duty to notify licensing authority of convictions during
application period), omit “or renewal” in subsections (1) and (4)(a).

9 (1) Section 124 (convictions coming to light after grant or renewal) is amended
as follows.

(2) In the heading omit “or renewal”.

(3) 10In subsection (1), omit “or renewed”.

(4) In subsection (7), omit “or renewal” (in each place where it occurs).

10 In section 128 (duty to notify court of personal licence), omit subsection
(5)(a) and (c).

11 In section 134 (licensing authority’s duty to update licence document), in
15subsection (1)(a), omit “121 or”.

12 In section 158 (false statements made for the purpose of the Licensing Act),
in subsection (1)(d), omit “or renewal”.

13 In Schedule 3 (matters to be entered in licensing register), in paragraph (w),
omit “or renewal”.

14 (1) 20In Schedule 5 (appeals), paragraph 17 is amended as follows.

(2) In sub-paragraph (1), omit paragraph (b) and the “, or” at the end of
paragraph (a).

(3) Omit sub-paragraph (3).

(4) In sub-paragraph (5), omit “or renewal”.

(5) 25Omit sub-paragraphs (9) to (11).

Police Reform and Social Responsibility Act 2011 (c. 13)2011 (c. 13)

15 In section 111 of the Police Reform and Social Responsibility Act 2011 (which
makes an amendment to section 121 of the Licensing Act 2003, repealed by
paragraph 6 above), omit subsection (4).

Section 57

SCHEDULE 16 Removal of consultation requirements

Part 1 Measures affecting England only

5National Parks and Access to the Countryside Act 1949: making of byelaws

1 In section 91 of the National Parks and Access to the Countryside Act 1949
(default powers of Secretary of State as to certain byelaws), in the proviso to
subsection (1) (beginning with the words “Provided that”)—

(a) after “natural beauty” insert “in Wales”;

(b) 10omit “Natural England (as regards land or waterways in England)
or”;

(c) omit “(as regards land or waterways in Wales)”.

Pests Act 1954: designation of rabbit clearance areas

2 In section 1 of the Pests Act 1954 (designation of rabbit clearance areas), after
15subsection (11) insert—

“(11A) The requirement in subsection (11)(a) does not apply to an order
which applies only in relation to England.”

Agriculture and Horticulture Act 1964: grading etc of horticultural produce

3 In section 23 of the Agriculture and Horticulture Act 1964 (regulations and
20orders under Part 3 of that Act), after subsection (1) insert—

“(1A) Subsection (1) does not apply to regulations which apply, or to an
order which applies, only in relation to England.”

Control of Pollution Act 1974: reduction of noise from plant or machinery

4 In section 68 of the Control of Pollution Act 1974 (regulations for reducing
25noise from plant or machinery), after subsection (2) insert—

“(2A) Subsection (2) does not apply to regulations which apply only in
relation to England.”

Agriculture (Miscellaneous Provisions) Act 1976: metrication of measurements

5 In section 7 of the Agriculture (Miscellaneous Provisions) Act 1976
30(metrication of measurements), after subsection (4) insert—

“(4A) Subsection (4) does not apply to regulations which make
amendments that apply only in relation to England.”

Forestry Act 1979: metrication of measurements

6 In section 2 of the Forestry Act 1979 (metrication of measurements), in
35subsection (4), for the words from “Before” to “the appropriate authority”
substitute “Before any such regulations are made by the Welsh Ministers,
they”.

Derelict Land Act 1982: grants for reclaiming or improving derelict land etc

7 (1) In section 1 of the Derelict Land Act 1982 (powers of Secretary of State to
make grants for reclaiming or improving derelict land etc), omit subsection
(6A).

(2) 5In consequence of sub-paragraph (1), in the Natural Environment and Rural
Communities Act 2006, in Schedule 11, omit paragraph 99.

Horticultural Produce Act 1986: movement of horticultural produce

8 In section 3 of the Horticultural Produce Act 1986 (orders to amend that Act
in connection with the movement of horticultural produce), after subsection
10(2) insert—

“(2A) Subsection (2) does not apply to an order which makes amendments
that apply only in relation to England.”

Housing Act 1988: designation of Housing Action Trust Areas

9 In section 61 of the Housing Act 1988 (consultation and publicity prior to the
15designation of a housing action trust area), in subsection (1) (which requires
consultation with every local housing authority any part of whose district is
to be included in the proposed designated area), after “designation order”
insert “in relation to Wales”.

Land Drainage Act 1991: codes of practice

10 20In section 61E of the Land Drainage Act 1991, after subsection (4) insert—

“(5) Subsection (4) does not apply to an order which applies only in
relation to England.”

Environment Act 1995: National Park grant

11 (1) In section 72 of the Environment Act 1995 (National Park grant), in
25subsection (2)—

(a) after “National Park authority” insert “in Wales”;

(b) omit the words from “, according to whether” to “Natural England
or”.

(2) In consequence of sub-paragraph (1), in the Natural Environment and Rural
30Communities Act 2006, in Schedule 11, omit paragraph 144.

Environment Act 1995: hedgerows

12 In section 97 of the Environment Act 1995 (hedgerows), after subsection (6)
insert—

“(6A) Subsection (6)(d) does not apply to regulations which apply only in
35relation to England.”

Environment Act 1995: environmental subordinate legislation

13 Omit section 99 of the Environment Act 1995 (consultation before making or
modifying certain subordinate legislation for England).