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Education BillPage 90

(2) In subsection (4A), after “exercised” insert “by a further education
corporation in Wales”.

(3) In subsection (4AA), after “exercised” insert “by a further education
corporation in Wales”.

(4) 5In subsection (4AB), for “appropriate authority consents” substitute “Welsh
Ministers consent”.

(5) Omit subsection (4AC).

(6) In subsection (4B)—

(a) after “exercised” insert “by a further education corporation in
10Wales”;

(b) omit “the Chief Executive of Skills Funding or”.

(7) In subsection (4C), omit “the Chief Executive or” and “(as the case may be)”.

(8) In subsection (5)—

(a) after “exercised” insert “by a further education corporation in
15Wales”;

(b) for “appropriate body” substitute “Welsh Ministers”.

3 Section 19A (duty in relation to promotion of well-being of local area) is
repealed.

4 In section 27 (dissolution of further education corporations), omit subsection
20(7A).

5 In section 29 (government and conduct of designated institutions), omit
subsection (7A)(a).

6 In section 31 (designated institutions conducted by companies), omit
subsection (2A)(a).

7 (1) 25Section 33C (establishment of new bodies corporate as sixth form college
corporations) is amended as follows.

(2) In subsection (2), for “the responsible local authority” substitute “a person or
body (“the proposer”)”.

(3) In subsection (3)(a), for “authority have” substitute “proposer has”.

(4) 30In subsection (3)(c)—

(a) for “authority have” substitute “proposer has”;

(b) for “them” substitute “the proposer”.

8 In section 33F (supplementary powers of a sixth form college corporation)—

(a) omit subsection (7);

(b) 35in subsection (10), omit “or section 33G”.

9 Section 33G (restrictions on exercise of supplementary powers of sixth form
college corporations) is repealed.

10 Section 33H (duty in relation to promotion of well-being of local area) is
repealed.

11 40In section 33K (instrument and articles of new sixth form college
corporation)—

(a) in subsection (1), for “YPLA” substitute “Secretary of State by order”;

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(b) in subsection (2), for “YPLA” substitute “Secretary of State”.

12 (1) Section 33L (changes to instruments and articles) is amended as follows.

(2) In subsection (1)—

(a) for “YPLA” substitute “Secretary of State”;

(b) 5in paragraphs (a) and (b), for “it” substitute “the Secretary of State”.

(3) In subsection (2)—

(a) for “YPLA” substitute “Secretary of State”;

(b) for “it has consulted the corporation” substitute

(a) the Secretary of State has consulted the corporation,
10and

(b) in the case of a corporation to which section 33J
applies, the trustees of the relevant sixth form college
have given their consent.

(4) In subsections (3), (5) and (6), for “YPLA” substitute “Secretary of State”.

(5) 15In subsection (4)(b), for the words from “the YPLA” to the end substitute

(i) the Secretary of State has consulted each sixth form
college corporation to which the order relates, and

(ii) in the case of a sixth form college corporation to
which section 33J applies, the trustees of the relevant
20sixth form college have given their consent.

(6) In subsection (7), for the words from “the YPLA” to the end substitute “the
Secretary of State must—

(a) consult the sixth form college corporation or (as the case may
be) each sixth form college corporation to which the direction
25applies, and

(b) in the case of a sixth form college corporation to which
section 33J applies, obtain the consent of the trustees of the
relevant sixth form college.

13 (1) Section 33N (dissolution of sixth form college corporations) is amended as
30follows.

(2) For subsection (2) substitute—

(2) An order under subsection (1) may be made only if a proposal
relating to the order has been made by the Secretary of State or the
sixth form college corporation, and—

(a) 35in the case of a proposal made by the Secretary of State, the
requirements of subsection (3) have been met in relation to it;

(b) in the case of a proposal made by the corporation, it appears
to the Secretary of State that those requirements have been
met in relation to it.

(3) 40In subsection (3)—

(a) in paragraph (a), for “authority have” substitute “person or body
making the proposal (“the proposer”) has”;

(b) in paragraph (c)—

(i) for “authority have” substitute “proposer has”;

(ii) 45for “them” substitute “the proposer”.

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(4) In subsection (6), for “the responsible local authority” substitute “a local
authority”.

(5) In subsection (9), for the words after “consult” substitute “the corporation,
unless the proposal relating to the order was made by the corporation”.

14 5In section 38 (payments in respect of loan liabilities), in subsection (2), for
“YPLA” in both places substitute “Secretary of State”.

15 (1) Section 49A (guidance about consultation with students and employers) is
amended as follows.

(2) In subsection (1)—

(a) 10after “further education sector” insert “in Wales”;

(b) for “appropriate authority” substitute “Welsh Ministers”.

(3) Omit subsection (3).

16 In section 53 (inspection of accounts), in subsection (2)—

(a) after “section 15ZA” insert “or 18A”;

(b) 15omit “61 or”.

17 (1) Section 56A (intervention by Chief Executive of Skills Funding) is amended
as follows.

(2) In subsection (1), for the words from “Chief Executive of Skills Funding” to
“Executive”)” substitute “Secretary of State”.

(3) 20In subsection (3), for “Chief Executive” substitute “Secretary of State”.

(4) Omit subsection (4).

(5) In subsections (5) and (6), for “Chief Executive”, wherever occurring,
substitute “Secretary of State”.

(6) For subsection (9) substitute—

(9) 25The Secretary of State may not give a direction to a governing body
under subsection (6)(c) which relates to the dismissal of a member of
staff.

(7) Omit subsection (10).

18 Section 56AA (appointment by Chief Executive of Skills Funding of
30members of governing body of further education institution) is repealed.

19 Section 56B (intervention policy: England) is repealed.

20 Section 56C (directions) is repealed.

21 Section 56D (notification by local authority or YPLA of possible grounds for
intervention) is repealed.

22 (1) 35Section 56E (intervention by local authority) is amended as follows.

(2) In subsection (1), for “responsible local authority are” substitute “Secretary
of State is”.

(3) In subsection (3), for “authority” substitute “Secretary of State”.

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(4) For subsection (4) substitute—

(4) In the case of a sixth form college which is specified, or falls within a
class specified, in an order under section 33J(2), before doing one or
more of those things, the Secretary of State must give the trustees of
5the sixth form college a notice stating—

(a) the matter or matters listed in subsection (2) as to which the
Secretary of State is satisfied;

(b) the reasons why the Secretary of State is so satisfied;

(c) the thing or things that the Secretary of State proposes to do;

(d) 10the reasons why the Secretary of State proposes to do that
thing or those things.

(5) In subsection (5)—

(a) for “authority do” substitute “Secretary of State does”;

(b) for “authority must” substitute “Secretary of State must”;

(c) 15in paragraph (a), for “authority are” substitute “Secretary of State is”;

(d) in paragraph (b), for “authority have” substitute “Secretary of State
has”.

(6) In subsection (6)—

(a) for “The authority” substitute “The Secretary of State”;

(b) 20in paragraph (c), for “authority think” substitute “Secretary of State
thinks”.

(7) For subsection (9) substitute—

(9) The Secretary of State may not give a direction to a governing body
under subsection (6)(c) which relates to the dismissal of a member of
25staff.

(8) Omit subsection (10).

(9) In the heading, for “local authorities” substitute “Secretary of State”.

23 Section 56F (appointment by local authorities of members of sixth form
college governing body) is repealed.

24 30Section 56G (intervention policy: sixth form colleges) is repealed.

25 Section 56H (intervention by YPLA) is repealed.

26 Section 56I (appointment by YPLA of members of sixth form college
governing body) is repealed.

27 Section 56J (notification by Chief Executive of Skills Funding of possible
35grounds for intervention) is repealed.

28 (1) Section 82 (joint exercise of functions) is amended as follows.

(2) For subsection (1) substitute—

(1) A relevant authority may exercise any of its functions jointly with—

(a) another relevant authority, or

(b) 40the Secretary of State, to the extent that the Secretary of State
is discharging functions under section 14 of the Education
Act 2002,

where the condition in subsection (1B) is met.

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(1A) The Secretary of State may exercise functions under section 14 of the
Education Act 2002 jointly with a relevant authority where the
condition in subsection (1B) is met.

(1B) The condition is that it appears to the persons who are to exercise
5functions jointly that to do so—

(a) will be more efficient, or

(b) will enable them more effectively to discharge any of their
functions.

(3) In subsection (2), for the words from the beginning to “provision” substitute
10“A relevant authority must, if directed to do so by the Secretary of State,
make provision jointly with another relevant authority or with the Secretary
of State”.

(4) In subsection (3)(a) omit “the YPLA,”.

29 In section 83 (efficiency studies), in the table in subsection (1B), for “YPLA”
15substitute “Secretary of State”.

30 In section 89(2) (orders and regulations not required to be made by statutory
instrument), after “33A(5)(b),” insert “33J(2), 33K(1), 33L(3),”.

31 (1) Section 90 (interpretation) is amended as follows.

(2) In subsection (1), omit the definitions of “the responsible local authority”
20and “the YPLA”.

(3) Omit subsection (2ZA).

32 In section 92 (index), omit the entries for “responsible local authority” and
“the YPLA”.

33 In Schedule 4 (instruments and articles of government for further education
25corporations), omit paragraphs 1A(a) and 1B.

Other amendments

34 (1) ASCLA 2009 is amended as follows.

(2) In section 256 (further education corporations in England: co-operation and
promotion of well-being), omit subsection (3).

(3) 30In Schedule 6 (dissolution of the Learning and Skills Council for England:
minor and consequential amendments), omit paragraphs 3(2), 4(a), 5(a), 7(2),
(3), (4)(b), (5)(a), (6) and (7), 8 to 11 and 12(a).

(4) In Schedule 8 (sixth form college sector), omit paragraphs 7 and 11(3).

Section 53

SCHEDULE 13 3516 to 19 Academies and alternative provision Academies: consequential
amendments

AA 2010

1 AA 2010 is amended as follows.

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2 In section 4(3) (Academy orders: when maintained school is “converted
into” Academy) for “a school” substitute “an educational institution”.

3 (1) Section 6 (effect of Academy order) is amended as follows.

(2) In subsection (2), for “a school” substitute “an educational institution”.

(3) 5In subsection (3) —

(a) after “selective school” insert “and is to be converted into an
Academy school”;

(b) for “section 1(6)(c)” substitute “section 1A(1)(c)”;

(c) for “a school” substitute “an educational institution”.

(4) 10In subsection (5)—

(a) at the beginning insert “If the Academy is an Academy school,”;

(b) for “the Academy” substitute “it”.

(5) In subsection (7), after “the school” insert “(a)” and at the end insert “, and

(b) is to be converted into an Academy school.

4 (1) 15Schedule 1 (Academies: land) is amended as follows.

(2) In paragraph 6 (former Academies: transfer scheme for land acquired from
local authority)—

(a) in sub-paragraph (2), for “school” (in both places) substitute
“educational institution”;

(b) 20in sub-paragraph (3), for “school” substitute “educational
institution”;

(c) in sub-paragraph (5), for “the school” substitute “the educational
institution” and for “a school” substitute “an educational
institution”.

(3) 25In paragraph 7 (former Academies: transfer directions)—

(a) in sub-paragraph (3), for “school” (in both places) substitute
“educational institution”;

(b) in sub-paragraph (4), for “school” substitute “educational
institution”;

(c) 30in sub-paragraph (5), for “the school” substitute “the educational
institution” and for “a school” substitute “an educational
institution”.

(4) In paragraph 12(1) (interpretation)—

(a) for “a school” substitute “an educational institution”;

(b) 35for “the school” substitute “the educational institution”.

Other Acts

5 (1) EA 1996 is amended as follows.

(2) In section 4 (schools: general)—

(a) in subsection (1), for “subsection (1A)” substitute “subsections (1A)
40and (1B)”;

(b) after subsection (1A) insert—

(1B) A 16 to 19 Academy is not a school.

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(3) In section 579(1) (general interpretation)—

(a) in the definition of “Academy”, for “a school” substitute “an
educational institution”;

(b) after the definition of “Academy order” insert—

(4) In section 580 (index), at the appropriate places insert the following entries—

Academy school 10Section 579(1)”
“alternative provision
Academy
Section 579(1)”
“16 to 19 Academy Section 579(1)

(5) In paragraph 15(2) of Schedule 1 (management committees of pupil referral
15units), after paragraph (g) insert—

(ga) about the effect of closure of a pupil referral unit on
members of the management committee for the unit or
members of any sub-committee;.

Section 61

SCHEDULE 14 20Academies: land

Schedule 1 to AA 2010

1 For Schedule 1 to AA 2010 (Academies: land) substitute—

Section 13

Schedule 1 Academies: land

Part 1 25Land held by a local authority
Transfer scheme where land ceases to be used for purposes of a school

1 (1) The Secretary of State may make a scheme in relation to land if the
requirements in sub-paragraph (2) are met.

(2) The requirements are as follows—

(a) 30a local authority holds a freehold or leasehold interest in
the land when the scheme is made;

(b) at any time in the period of eight years ending with the day
on which the scheme is made the land was used wholly or
mainly for the purposes of a school;

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(c) at the time the scheme is made the land is no longer used
for the purposes of the school mentioned in paragraph (b)
or the Secretary of State thinks it is about to be no longer so
used.

(3) 5The scheme must meet the requirements in paragraph 3(1).

Transfer scheme following proposals for establishment of new Academy

2 (1) The Secretary of State may make a scheme in relation to land if the
requirements in sub-paragraph (2) are met.

(2) The requirements are as follows—

(a) 10a local authority holds a freehold or leasehold interest in
the land when the scheme is made;

(b) the land forms the whole or part of a site specified in a
notification given to the Secretary of State under section 6A
of EIA 2006, or a notice published under section 7 of that
15Act, (proposals for new schools) as a possible site for a new
school;

(c) before making the scheme, the Secretary of State consulted
the authority.

(3) The scheme must meet the requirements in paragraph 3(1).

20Transfer schemes under paragraphs 1 and 2: general

3 (1) These requirements must be met as regards a scheme under
paragraph 1 or 2

(a) the scheme must provide for a transfer of the land or such
part of it as is specified in the scheme;

(b) 25the scheme must specify whether the transfer is the
transfer of a freehold or leasehold interest in the land or the
grant of a lease in respect of the land (see paragraph 22(4));

(c) the transfer must be to a person who is specified in the
scheme and is concerned with the running of an Academy;

(d) 30the transfer must be made to the transferee for the
purposes of the Academy;

(e) in the case of a scheme under paragraph 2, the Academy
must have been the subject of proposals under section 6A
or 7 of EIA 2006;

(f) 35the scheme must make provision about the transfer to the
transferee of any right or liability held by the local
authority as holder of the land or specified part concerned.

(2) In sub-paragraph (1) the reference to a right or liability—

(a) includes a reference to a right or liability as a trustee, but

(b) 40excludes a reference to a liability in respect of the principal
of or interest on a loan.

(3) A scheme may include incidental, consequential, supplemental
and transitional provision.

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(4) A scheme under paragraph 1 must be so expressed that it does not
come into force while the land concerned is used for the purposes
of the school mentioned in paragraph 1(2)(b).

(5) A scheme comes into force—

(a) 5on the day it specifies for it to come into force, or

(b) on the day it otherwise identifies as the day for it to come
into force.

(6) When a scheme comes into force it has effect to transfer (in
accordance with its provisions) the land, rights and liabilities to
10which it applies.

(7) A transfer made by virtue of a scheme is binding on all persons
even if, apart from this sub-paragraph, it would have required the
consent or concurrence of any person.

Restriction on disposal of school land held by local authority

4 (1) 15Sub-paragraph (2) applies if—

(a) a freehold or leasehold interest in land is held by a local
authority,

(b) the authority proposes to make a disposal in respect of the
land, and

(c) 20at any time in the period of eight years ending with the day
on which the disposal is proposed to be made, the land
was used wholly or mainly for the purposes of a school.

(2) Unless the Secretary of State consents, the authority must not
make the disposal.

(3) 25Sub-paragraph (2) does not apply to a disposal made in pursuance
of a contract made, or option granted, before 26 July 2002.

(4) A disposal is not invalid only because it is made in contravention
of sub-paragraph (2).

(5) A person acquiring land, or entering into a contract to acquire it, is
30not to be concerned to enquire whether the consent required by
sub-paragraph (2) has been given.

5 (1) This paragraph applies if a local authority has made a disposal in
contravention of paragraph 4(2).

(2) In a case where the authority has made a disposal within the
35meaning of this Schedule because it has granted an option (see
paragraph 22(5)(d)), the Secretary of State may by notice served on
the option holder repudiate the option at any time before it is
exercised.

(3) In a case where the authority has made a disposal within the
40meaning of this Schedule because it has entered into a contract to
dispose of land (see paragraph 22(5)(c)), the Secretary of State may
by notice served on the other party to the contract repudiate it at
any time before a conveyance of the land is executed.

(4) A repudiation under sub-paragraph (2) or (3) has effect—

(a) 45when the notice is served, and

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(b) as if the repudiation were made by the authority.

(5) In a case where the land has been transferred (whether or not in
pursuance of an option or contract falling within sub-paragraph
(2) or (3)) the Secretary of State may purchase the land
5compulsorily.

(6) The Acquisition of Land Act 1981 applies in relation to the
compulsory purchase of land under sub-paragraph (5).

(7) On completion of a compulsory purchase of land under sub-
paragraph (5) the Secretary of State must transfer it to a person
10concerned with the running of an Academy.

(8) If the Secretary of State acquires land by compulsory purchase
under sub-paragraph (5), the Secretary of State is entitled to
recover from the authority an amount equal to the aggregate of—

(a) the compensation agreed or awarded in respect of the
15purchase,

(b) any interest payable by the Secretary of State in respect of
the compensation, and

(c) the costs and expenses incurred by the Secretary of State in
connection with the making of the compulsory purchase
20order.

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