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Deregulation Bill (HC Bill 5)

Deregulation BillPage 150

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

41 The Education Act 1996 is amended as follows.

42 In section 13 (general responsibility for education), in subsection (2)(a), for
“the Chief Executive of Skills Funding” substitute “the Secretary of State
5under Part 4 of the Apprenticeships, Skills, Children and Learning Act
2009”.

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

10Employment Act 1988 (c.19)1988 (c.19)

44 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)

45 In section 128 of the Education Reform Act 1988 (dissolution of higher
15education corporations), in subsection (1), omit paragraph (b)(iia).

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

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

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

(3) 20After 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
or over, to the extent that the consideration payable is ultimately a
25charge 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”.

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

47 30In 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).

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

48 35In 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).

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

49 The Education Act 2005 is amended as follows.

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

51 5In section 108 (supply of information: education maintenance allowances),
in subsection (3), omit paragraph (b).

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

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

53 In section 123 (education and training to which this Chapter applies), in
10subsection (1), in each of paragraphs (b), (c) and (g), omit “or the Chief
Executive”.

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

55 In section 125 (inspection of further education institutions), in subsection (5),
15omit paragraph (ba) (but not the “and” following it).

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

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

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

59 (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) 25omit “the Chief Executive or”.

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

60 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)

61 30In 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)

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

63 35In 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”.

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64 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”.

65 In section 77 (supply of information by public bodies), omit subsection
5(2)(ba).

66 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 45

SCHEDULE 14 10Further 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
15the 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) 20Omit 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
25Welsh 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) 30Omit 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).

(3) Omit section 159 (which confers powers on the Secretary of State and Welsh
35Ministers 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
further education functions).

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

(ii) omit “32,”;

(h) in section 88A(1)—

(i) omit “25,”;

(ii) omit “32,”;

(i) 30omit 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
35powers 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) 40Accordingly, in section 31(1), after “designated institution”, insert “in
Wales”.

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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) omit subsection (2)(b) (which confers power on the Secretary of State
5to 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) omit subsection (4) (which makes provision about consultation
10before 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)
substitute—

(1) 15This 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) an institution in England which is maintained by a local
20authority 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.

Regulation of qualification requirements for teaching staff and principals

8 (1) 25The 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
who does not have a specified qualification);

(b) 30section 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
35only if the person has a specified qualification);

(d) section 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
40Wales”;

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

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

(d) 45in section 138, omit subsection (2).

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Section 46

SCHEDULE 15 Schools: reduction of burdens

Responsibility for determining behaviour policy

1 (1) Section 88 of the Education and Inspections Act 2006 (responsibility of
5governing body for discipline) is amended as follows.

(2) Before subsection (1) insert—

(A1) The 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) 10In subsection (2), after “governing body” insert “of a relevant school in
Wales”.

(5) In subsection (4)—

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

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

(6) 15In consequence of the amendments made to section 88, in section 89 of the
2006 Act (determination by head teacher of behaviour policy)—

(a) omit subsection (2);

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

20Home-school agreements

2 (1) Sections 110 and 111 of the School Standards and Framework Act 1998
(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) 25in 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)
30Act 2014, is amended as follows.

(2) Omit 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)”
35substitute “a community, voluntary controlled or community special school
in England”.

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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
5maintained 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) 10omit 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
15effect 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) 20in 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) 25section 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
30reports 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
35contained in the report of the quality of education provided in the
school.

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

(4) 40The governing body 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—

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

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

Where the school is a voluntary or foundation school which has
been designated under section 69(3) of the School Standards and
Framework Act 1998 as having a religious character, information
10as 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 47

SCHEDULE 16 Part to be inserted as Part 5A of the Licensing Act 2003

15“Part 5A

sale of alcohol at community events etc and ancillary business sale of
alcohol

Conditions for permitted sales

110A General conditions

(1) 20A sale by retail of alcohol is a permitted sale by virtue of this Part if—

(a) the community event conditions (set out in section 110B or in
regulations made under that section) or the ancillary business
sales conditions (set out in section 110C or in regulations
made under that section) are satisfied in relation to it, and

(b) 25the conditions set out in subsections (2) to (5) below are
satisfied in relation to it.

(2) The sale must take place on premises specified in a notice that
complies with section 110D (a “Part 5A notice”).

(3) No counter notice under section 110J must have been given in
30relation to the Part 5A notice.

(4) The sale must take place during the period of 36 months beginning
with the date when the Part 5A notice takes effect.

(5) The sale must take place between 07.00 a.m. and 11.00 p.m.

110B Community event conditions

(1) 35The community event conditions, in relation to a sale by retail of
alcohol, are the conditions set out in subsections (2) to (6) and any
additional conditions set out in regulations under subsection (7).

(2) The sale must be made by or on behalf of a body that is—

(a) of a prescribed description,

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(b) does not trade for profit, and

(c) meets any prescribed criteria.

(3) The sale must be ancillary to an event that—

(a) is taking place on the premises,

(b) 5is organised by the body by or on whose behalf the sale is
made,

(c) has been advertised in advance, and

(d) meets any prescribed criteria.

(4) The sale must take place on the premises during the course of the
10event.

(5) The alcohol must be sold for consumption on the premises during
the course of the event.

(6) The number of persons present on the premises at the time of the sale
must not exceed 300.

(7) 15Regulations may provide for additional conditions prescribed in the
regulations to be community event conditions.

110C Ancillary business sales conditions

(1) The ancillary business sales conditions, in relation to a sale by retail
of alcohol, are the conditions set out in subsections (2) to (5) and any
20additional conditions set out in regulations under subsection (6).

(2) The sale must be made by or on behalf of a body that—

(a) is of a prescribed description, and

(b) meets any prescribed criteria.

(3) The sale must take place on premises that—

(a) 25are managed by the body by or on whose behalf the sale is
made,

(b) are of a prescribed description, and

(c) meet any prescribed criteria.

(4) The sale must be ancillary to the provision of goods or services to a
30person on the premises where the sale takes place.

(5) Except in prescribed circumstances, the alcohol must be sold for
consumption on those premises.

(6) Regulations may provide for additional conditions prescribed in the
regulations to be ancillary business sales conditions.

35Part 5A notices

110D Conditions for validity of notices

(1) A notice complies with this section if the conditions set out in
subsections (2) to (10) are satisfied in relation to the notice.

(2) The notice must specify whether—

(a) 40the community event conditions (set out in section 110B or in
regulations under that section), or

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(b) the ancillary business sales conditions (set out in section 110C
or in regulations under that section),

will be satisfied in relation to sales of alcohol on the premises in
question.

(3) 5The notice must specify (for the purposes of section 110A(2))—

(a) in the case of a notice that specifies the ancillary business
sales conditions, the set of premises to which it relates;

(b) in the case of a notice that specifies the community event
conditions, no more than three sets of community premises,
10each of which must be wholly or partly in the area of the same
licensing authority.

(4) The notice must be given, on behalf of the body by or on whose
behalf the sale of alcohol on the premises would take place, by a
person who is aged 18 or over and is concerned in the management
15of the body.

(5) The notice must be given to the relevant licensing authority,
accompanied by the prescribed fee.

(6) Unless the notice is given to the relevant licensing authority by
means of a relevant electronic facility, a copy of the notice must be
20given to each relevant person.

(7) The notice must be in the prescribed form.

(8) The notice must specify the date when it takes effect.

(9) The specified date must be at least 10 working days, but no more
than 3 months, after the day on which the notice is given.

25Where subsection (6) applies, the notice is treated as given only when
that subsection is complied with.

Where subsection (6) applies, the notice is treated as given only when
that subsection is complied with.

(10) The notice must contain any other information that regulations
30require it to contain.

(11) In this Part, “relevant person”, in relation to any premises, means—

(a) the chief officer of police for any police area in which the
premises are situated;

(b) the local authority by which statutory functions are
35exercisable in any area in which the premises are situated in
relation to minimising or preventing the risk of pollution of
the environment or of harm to human health.

110E Special restriction on giving of notices

(1) This section applies where—

(a) 40a Part 5A notice is given on behalf of a body, and

(b) a counter notice under section 110J is given in relation to the
Part 5A notice.

(2) No further Part 5A notice may be given in respect of any premises
specified in the notice, whether on behalf of that body or on behalf of
45another body that is an associate of it, before the end of the period of
12 months beginning with the day on which the counter notice is
given.