Deregulation Bill (HC Bill 191)

Deregulation BillPage 140

(24) In the Local Government and Housing Act 1989—

(a) in section 21(1), omit paragraph (ga);

(b) in section 152(2), omit paragraph (ia).

(25) In the Environmental Protection Act 1990, in section 52(1A), omit the words
5from “or any authority” to the end of the subsection.

(26) In the Local Government (Overseas Assistance) Act 1993, in section 1(10),
omit paragraph (da).

(27) In the Deregulation and Contracting Out Act 1994, in section 79A, omit
paragraph (p).

(28) 10In the Housing Grants, Construction and Regeneration Act 1996, in section
3(2), omit paragraph (ja).

(29) In the Audit Commission Act 1998, in Schedule 2, in paragraph 1, omit
paragraph (ma).

(30) In the Local Government Act 1999, in section 1(1), omit paragraph (ga).

(31) 15In the Freedom of Information Act 2000, in Schedule 1, omit paragraph 15A.

(32) In the Local Government Act 2003—

(a) in section 23(1), omit paragraph (ka);

(b) in section 33(1), omit paragraph (ja).

(33) In the Waste and Emissions Trading Act 2003, in section 24—

(a) 20in subsection (5), for the words before ““waste disposal authority””
substitute “In this Chapter”;

(b) omit subsections (6) and (7).

(34) In the Local Government and Public Involvement in Health Act 2007—

(a) in section 104(2), omit paragraph (g);

(b) 25omit sections 209 and 211 and Schedule 13;

(c) in section 240(6), omit “, 207”.

(35) In the Local Democracy, Economic Development and Construction Act
2009—

(a) in section 35(2), omit paragraph (m);

(b) 30in section 123(2), omit paragraph (f).

Part 4 Air quality

Removal of duty to conduct further air quality assessments

7 In the Environment Act 1995, in section 84 (duties of local authorities in
35relation to designated areas)—

(a) omit subsection (1) (duty of local authority to cause further
assessment to be made in relation to air quality in designated air
quality management area);

(b) in subsection (2), for the words from the beginning to “to” at the
40beginning of paragraph (b) substitute “Where an order under section
83 above comes into operation, the local authority which made the
order shall”.

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8 (1) The following amendments are made in consequence of paragraph 7.

(2) In the Environment Act 1995—

(a) in section 86(2)(b), omit “or 84”;

(b) in section 91(1), in the definition of “action plan”, for “84(2)(b)”
5substitute “84(2)”;

(c) in Schedule 11, in paragraphs 1(1)(b) and 4(2)(b), omit “or 84”.

Part 5 Noise abatement zones

Removal of power of local authorities to designate area as noise abatement zone

9 10Part 3 of the Control of Pollution Act 1974 (noise) is amended in accordance
with paragraphs 10 to 14.

10 Omit section 57 (local authority duty to conduct periodical inspections to
decide how to exercise powers concerning noise abatement zones).

11 Omit sections 63 to 67 (noise abatement zones).

12 15Omit section 69 (execution of works by local authority).

13 In section 73 (interpretation and other supplementary provisions)—

(a) in subsection (1), omit the definitions of “noise abatement order”,
“noise abatement zone”, “noise level register”, “noise reduction
notice” and “person responsible”;

(b) 20in subsection (2), for “sections 62 to 67” (in both places where it
occurs) substitute “section 62”.

14 Omit Schedule 1 (provisions applying to coming into operation of noise
abatement orders).

15 (1) The following repeals are made in consequence of paragraphs 11 and 14.

(2) 25In the Control of Pollution Act 1974, in section 104(1), omit the words from
“(except sections” to “65(6))”.

(3) In the Local Government, Planning and Land Act 1980, in Schedule 2, omit
paragraphs 14 and 18.

(4) In the Environmental Protection Act 1990, in Schedule 15, omit paragraph
3015(4).

Section 42

SCHEDULE 13 Abolition of office of the Chief Executive of Skills Funding

Part 1 Main amendments

1 35Part 4 of the Apprenticeships, Skills, Children and Learning Act 2009 (the
Chief Executive of Skills Funding) is amended as follows.

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2 Omit section 81 (the Chief Executive of Skills Funding) and the italic cross-
heading before it.

3 Omit section 82 (apprenticeship functions) and the italic cross-heading
before it.

4 5In section 83 (apprenticeship training for certain young persons), in each of
subsections (1) to (3), for “Chief Executive” substitute “Secretary of State”.

5 (1) Section 83A (the apprenticeship offer) is amended as follows.

(2) In each of subsections (1) and (9), for “Chief Executive” substitute “Secretary
of State”.

(3) 10Omit subsection (10).

6 In section 83B (limit on scope of the apprenticeship offer), in each of
subsections (1) and (5), for “Chief Executive” substitute “Secretary of State”.

7 Omit section 84 (arrangements and co-operation with local authorities).

8 In section 85 (provision of apprenticeship training etc for persons within
15section 83 or 83A), in subsection (1), for “Chief Executive” substitute
“Secretary of State”.

9 (1) Section 86 (education and training for persons aged 19 or over and others
subject to adult detention) is amended as follows.

(2) In subsection (1), for “Chief Executive” substitute “Secretary of State”.

(3) 20Omit subsection (3).

(4) In subsection (4) —

(a) for “Chief Executive” (in each place where it occurs) substitute
“Secretary of State”;

(b) omit paragraph (i).

10 (1) 25Section 87 (learning aims for persons aged 19 or over: provision of facilities)
is amended as follows.

(2) In each of subsections (1) and (3), for “Chief Executive” substitute “Secretary
of State”.

(3) In subsection (5) —

(a) 30for “Chief Executive” substitute “Secretary of State”;

(b) omit paragraph (f).

11 In section 88 (learning aims for persons aged 19 or over: payment of tuition
fees), in each of subsections (1), (2), (2A), (3), (4) and (6)(a), for “Chief
Executive” substitute “Secretary of State”.

12 35In section 90 (encouragement of education and training for certain persons),
in subsection (1)—

(a) for “Chief Executive” substitute “Secretary of State”;

(b) for “Chief Executive’s remit” (in each place where it occurs)
substitute “Secretary of State’s remit under this Part”.

13 40Omit sections 100 to 103 (provision of financial resources by Chief Executive
and performance assessments) and the italic cross-heading before them.

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14 In section 105 (promoting progression from level 2 to level 3
apprenticeships), in each of subsections (1) and (6), for “Chief Executive”
substitute “Secretary of State”.

15 Omit section 106 (advice and assistance in relation to apprenticeships).

16 (1) 5Section 107 (provision of services) is amended as follows.

(2) In each of subsections (1) and (3) for “Chief Executive” (in each place where
it occurs) substitute “Secretary of State”.

(3) In subsection (4), omit paragraph (a).

(4) Omit subsection (5).

(5) 10In subsection (6), for “Chief Executive” substitute “Secretary of State”.

17 Omit sections 108 and 109 (advice and assistance with respect to
employment and training).

18 Omit section 110 (research, information and advice) and the italic cross-
heading before it.

19 15Omit section 111 (power to confer supplementary functions on Chief
Executive).

20 In section 115 (persons with learning difficulties), in subsection (1)—

(a) for “Chief Executive” substitute “Secretary of State”;

(b) for “the functions of the office” substitute “functions under this Part”.

21 20In section 116 (persons subject to adult detention)—

(a) for “Chief Executive” substitute “Secretary of State”;

(b) for “the functions of the office” substitute “functions under this Part”.

22 Omit sections 117 to 120 (information, guidance and directions).

23 Before section 121 (in Chapter 4) insert—

120A 25 Territorial application of Part

The functions of the Secretary of State under this Part, other than the
functions conferred by section 107, are exercisable in relation to
England only.

24 (1) Section 121 (interpretation) is amended as follows.

(2) 30In subsection (1), omit the definition of “functions of the office”.

(3) In each of subsections (2) and (3), for “the Chief Executive’s remit” substitute
“the Secretary of State’s remit under this Part”.

25 In section 122 (sharing of information for education and training
purposes)—

(a) 35omit subsection (3)(a), (c), (d) and (e);

(b) in subsection (3)(f), for “any person within paragraphs (a) to (c)”
substitute “the Secretary of State”;

(c) omit subsection (5)(a);

(d) omit subsection (6).

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26 Omit Schedule 4 (which makes provision for the establishment etc of the
office of the Chief Executive).

27 In Schedule 5 (learning aims for persons aged 19 or over)—

(a) in paragraph 3(2), for “Chief Executive” (in each place where it
5occurs) substitute “Secretary of State”;

(b) in paragraph 8, omit paragraph (a).

28 In consequence of the amendments made by this Schedule to Part 4—

(a) for the title of the Part substitute “Apprenticeships and adult
education and training: role of Secretary of State”;

(b) 10for the title of Chapter 1 substitute “Apprenticeships and adult
education and training”;

(c) for the title of Chapter 2 substitute “Provision of services to other
bodies”;

(d) in the title of Chapter 3, omit “Chief Executive’s functions:”.

15Part 2 Consequential Amendments

Parliamentary Commissioner Act 1967 (c.13)1967 (c.13)

29 In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc
subject to investigation), omit the entry for the Chief Executive of Skills
20Funding.

Education (Fees and Awards) Act 1983 (c.40)1983 (c.40)

30 In section 1 of the Education (Fees and Awards) Act 1983 (fees at universities
and other further education establishments), in subsection (3)(f), omit “or
the Chief Executive of Skills Funding”.

25Further and Higher Education Act 1992 (c.13)1992 (c.13)

31 The Further and Higher Education Act 1992 is amended as follows.

32 In section 22ZA (subsequent instruments and articles: Wales)—

(a) omit subsection (3);

(b) omit subsection (6)(b), and the “and” before it.

33 30In section 27C (dissolution of further education corporations: Wales), in
subsection (6)(b), for “the Chief Executive of Skills Funding” (in each place
where it occurs) substitute “the Secretary of State”.

34 In section 54 (duty to give information), in subsection (1)—

(a) for “the Chief Executive of Skills Funding” substitute “the Secretary
35of State”;

(b) for “as the Chief Executive” substitute “as the Secretary of State”;

(c) for the words from “for the purposes of” to “or (as the case may be)”
substitute “for the purposes of the exercise of any of the functions of
the Secretary of State under Part 4 of the Apprenticeships, Skills,
40Children and Learning Act 2009 or (as the case may be) for the
purposes of the exercise of any of the functions of”.

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35 Omit section 61A (references to appropriate bodies).

36 In section 82 (joint exercise of functions), in subsection (3)(a), omit “the Chief
Executive of Skills Funding,”.

37 In section 83 (efficiency studies), in the Table inserted by subsection (1B), in
5the first column, for “The Chief Executive of Skills Funding” substitute “The
Secretary of State”.

Education Act 1996 (c.56)1996 (c.56)

38 The Education Act 1996 is amended as follows.

39 In section 13 (general responsibility for education), in subsection (2)(a), for
10“the Chief Executive of Skills Funding” substitute “the Secretary of State
under Part 4 of the Apprenticeships, Skills, Children and Learning Act
2009”.

40 In section 15ZA (duty in respect of education and training for persons over
compulsory school age: England), in subsection (5), for “the Chief Executive
15of Skills Funding” substitute “the Secretary of State”.

Employment Act 1988 (c.19)1988 (c.19)

41 In section 26 of the Employment Act 1988 (status of trainees etc), in
subsection (1A), omit paragraph (b) (but not the “or” following it).

Education Reform Act 1988 (c.40)1988 (c.40)

42 20In section 128 of the Education Reform Act 1988 (dissolution of higher
education corporations), in subsection (1), omit paragraph (b)(iia).

Value Added Tax Act 1994 (c.23)1994 (c.23)

43 (1) In Part 2 of Schedule 9 to the Value Added Tax Act 1994 (exemptions),
Group 6 is amended as follows.

(2) 25In item 5A, omit paragraph (b), and the “or” following it.

(3) After item 5B insert—

5C 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 aged 19
30or 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.

(4) In the Notes to Group 6, in Note (5A), for “and 5B” substitute “to 5C”.

35Learning 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).

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Education 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) 5omit the “or” at the end of paragraph (aa).

Education 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 10In section 108 (supply of information: education maintenance allowances),
in 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
15subsection (1), in each of paragraphs (b), (c) and (g), omit “or the Chief
Executive”.

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),
20omit paragraph (ba) (but not the “and” following it).

53 In 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
25(ba) (but not the “and” following it).

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

(2) Omit subsection (2).

(3) In subsection (4)—

(a) omit “(2) or”;

(b) 30omit “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 35In section 104 of the Local Government and Public Involvement in Health
Act 2007 (application of Chapter: partner authorities), in subsection (4), omit
paragraph (f).

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

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

60 In 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
5Skills 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
of State”.

62 In section 77 (supply of information by public bodies), omit subsection
10(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
Funding”.

Section 43

SCHEDULE 14 15Further and higher education: reduction of burdens

Part 1 Measures applying to England and Wales

Control of interest rates on loans

1 In the Further Education Act 1985, omit section 3 (which confers powers on
20the 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).

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

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

(2) 25Omit 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
governing bodies of such institutions).

(3) Omit section 62 (which confers powers on the Secretary of State and the
30Welsh 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
bodies available).

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

(2) 35Omit 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
and returns etc to the Secretary of State or Welsh Ministers on request).

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(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
5further 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) 10The 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
15property 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) 20in 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) 25in 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) 30omit “23, 25,”;

(ii) omit “32,”;

(h) in section 88A(1)—

(i) omit “25,”;

(ii) omit “32,”;

(i) 35omit 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
40powers 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

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amended as specified in the directions) ceases to have effect in relation to
England.

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

5Conversion 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) omit subsection (2)(b) (which confers power on the Secretary of State
to covert a sixth form college corporation established in England into
10a 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) omit subsection (4) (which makes provision about consultation
before the exercise of the power for that purpose).

15Powers 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)
substitute—

(1) This section applies if the Secretary of State is satisfied as to one or
20more 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) an institution in England which is maintained by a local
authority and provides further education, other than an
25institution within the higher education sector,

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

Regulation of qualification requirements for teaching staff and principals

8 (1) The following provisions of the Education Act 2002 cease to have effect in
30relation 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
who does not have a specified qualification);

(b) section 136(b) (which allows regulations to be made prohibiting the
35provision 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) 40section 138 (which makes further provision for the purposes of
sections 136 and 137).

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

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