Education Bill (HL Bill 98)

(12) In paragraph 10(1) (duty to refer to adjudicator certain proposals made by or
involving relevant authority), for paragraph (a) substitute—

“(a) all the proposals published under section 7 in response to
a notice under that section and which—

(i) 5would otherwise require consideration by the
authority under paragraph 8, and

(ii) consist of or include proposals which relate to the
establishment of a foundation school with a
foundation falling within sub-paragraph (2);”.

(13) 10In paragraph 12 (duty to refer proposals to adjudicator in pursuance of
direction of Secretary of State)—

(a) in sub-paragraph (1)(a)—

(i) after “section 7” insert “and which require consideration
under paragraph 8”;

(ii) 15after “determined by the authority” insert “under that
paragraph”;

(b) in sub-paragraph (1)(b), after “that section” insert “and which
require consideration under paragraph 8,”;

(c) omit sub-paragraphs (2) and (3).

(14) 20In paragraph 13 (duty to refer proposals to adjudicator where determination
delayed), in paragraph (a), after “section 7” insert “and which require
consideration under paragraph 8”.

(15) Omit paragraph 18 and the heading before it (consultation in respect of
proposals to establish Academy).

(16) 25In paragraph 19(4) (determination whether or not to implement proposals
under section 15 not requiring consideration under paragraph 8)—

(a) after paragraph (a) insert—

“(aa) proposals published under section 7 that require
consideration under paragraph 8 and are not yet
30determined,”;

(b) in paragraph (b), omit “7,”.

(17) Omit paragraph 27 (proposals relating to Academy: implementation).

Other amendments

11 In Schedule 2 to AA 2010 (Academies: amendments), omit paragraph 22.

Section 48

35SCHEDULE 12 Further education institutions: amendments

Amendments of FHEA 1992

1 FHEA 1992 is amended as follows.

2 (1) Section 19 (supplementary powers of further education corporations) is
40amended as follows.

(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 33E (principal powers of a sixth form college corporation), in
subsection (2), after “subsection (1)” insert “and (in the case of a sixth form
35college corporation to which section 33J applies) section 33J(1A)”.

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

(a) omit subsection (7);

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

10 Section 33G (restrictions on exercise of supplementary powers of sixth form
40college corporations) is repealed.

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

12 (1) Section 33J (special provision for certain institutions) is amended as follows.

(2) After subsection (1) insert—

“(1A) A sixth form college corporation to which this section applies may
(accordingly) conduct the relevant sixth form college in a way that
5secures that the established character of the sixth form college is
preserved and developed (and, in particular, in a way that is in
accordance with any trust deed relating to the college).”

(3) In subsection (3)—

(a) for “reference in subsection (1)(a) to the established character of a
10sixth form college is” substitute “references in subsections (1)(a) and
(1A) to the established character of a sixth form college are”;

(b) for “a reference” substitute “references”.

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

(a) 15in subsection (1), for “YPLA” substitute “Secretary of State by order”;

(b) for subsection (2) substitute—

“(2) An order under subsection (1) may not be made unless—

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

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

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

(2) In subsection (1)—

(a) 25for “YPLA” substitute “Secretary of State”;

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

(3) After subsection (1) insert—

“(1A) In the case of a sixth form college corporation to which section 33J
applies, an order under subsection (1) may not be made unless the
30trustees of the relevant sixth form college have given their consent.”

(4) In subsection (2)—

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

(b) for “it” substitute “the Secretary of State”.

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

(6) 35In 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
40sixth form college have given their consent.”

(7) In subsection (5), omit “, with the consent of the YPLA”.

(8) After subsection (5) insert—

“(5A) A sixth form college corporation may do the things mentioned in
subsection (5) only with the consent of—

(a) the Secretary of State, and

(b) 5in the case of a sixth form college corporation to which
section 33J applies, the trustees of the relevant sixth form
college.”

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

“(a) 10consult the sixth form college corporation or (as the case may
be) each sixth form college corporation to which the direction
applies, and

(b) in the case of a sixth form college corporation to which
section 33J applies, obtain the consent of the trustees of the
15relevant sixth form college.”

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

(2) In subsection (1)(b), for “or (6)” substitute “, (6) or (6A)”.

(3) For subsection (2) substitute—

“(2) 20An 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) in the case of a proposal made by the Secretary of State, the
requirements of subsection (3) have been met in relation to it;

(b) 25in 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.”

(4) In subsection (3)—

(a) in paragraph (a), for “authority have” substitute “person or body
30making the proposal (“the proposer”) has”;

(b) in paragraph (c)—

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

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

(5) In subsection (4), for “subsection (5)” substitute “subsections (5) and (6A)”.

(6) 35In subsection (6)—

(a) after “may” insert “(subject to subsection (6A))”;

(b) for “the responsible local authority” substitute “a local authority”.

(7) After subsection (6) insert—

“(6A) In the case of a sixth form college corporation to which section 33J
40applies, any property held by the corporation on trust for the
purposes of the relevant sixth form college must be transferred to the
trustees of the relevant sixth form college.”

(8) After subsection (7) insert—

“(7A) Subsection (7) does not apply where (by virtue of subsection (6A))
the recipient is the trustees of the relevant sixth form college.”

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

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

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

(2) 10In subsection (1)—

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

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

(3) Omit subsection (3).

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

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

(b) omit “61 or”.

19 (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
20“Executive”)” substitute “Secretary of State”.

(3) In 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) 25For 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
staff.”

(7) Omit subsection (10).

20 30Section 56AA (appointment by Chief Executive of Skills Funding of
members of governing body of further education institution) is repealed.

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

22 Section 56C (directions) is repealed.

23 Section 56D (notification by local authority or YPLA of possible grounds for
35intervention) is repealed.

24 (1) Section 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”.

(4) For subsection (4) substitute—

“(4) Subsections (4A) and (4B) apply to a sixth form college which is
specified, or falls within a class specified, in an order under section
33J(2).

(4A) 5Before doing one or more of the things listed in subsection (6), the
Secretary of State must consult—

(a) the trustees of the sixth form college, and

(b) each person or body with power under the college’s
instrument of government to appoint or nominate one or
10more of its foundation governors.

(4B) After carrying out a consultation under subsection (4A), the
Secretary of State must give the persons and bodies consulted a
notice stating—

(a) what the Secretary of State has decided to do;

(b) 15the reasons for the decision.”

(5) In subsection (5)—

(a) for “authority do one or more of those things, the authority”
substitute “Secretary of State does one or more of the things listed in
subsection (6), the Secretary of State”;

(b) 20in paragraph (a), for “authority are” substitute “Secretary of State is”;

(c) 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) 25in 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
30staff.”

(8) Omit subsection (10).

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

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

26 35Section 56G (intervention policy: sixth form colleges) is repealed.

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

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

29 Section 56J (notification by Chief Executive of Skills Funding of possible
40grounds for intervention) is repealed.

30 (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) the Secretary of State, to the extent that the Secretary of State
5is discharging functions under section 14 of the Education
Act 2002,

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

(1A) The Secretary of State may exercise functions under section 14 of the
Education Act 2002 jointly with a relevant authority where the
10condition in subsection (1B) is met.

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

(a) will be more efficient, or

(b) will enable them more effectively to discharge any of their
15functions.”

(3) In subsection (2), for the words from the beginning to “provision” substitute
“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) 20In subsection (3)(a) omit “the YPLA,”.

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

32 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),”.

33 (1) 25Section 90 (interpretation) is amended as follows.

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

(3) Omit subsection (2ZA).

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

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

Other amendments

36 (1) ASCLA 2009 is amended as follows.

(2) 35In section 256 (further education corporations in England: co-operation and
promotion of well-being), omit subsection (3).

(3) In 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) 40In Schedule 8 (sixth form college sector), omit paragraphs 7 and 11(3).

Section 53

SCHEDULE 13 16 to 19 Academies and alternative provision Academies: consequential
amendments

AA 2010

1 5AA 2010 is amended as follows.

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) 10In 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) 15In 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 20In section 10A (charges at boarding Academies) (inserted by section 59), in
subsection (1)(a), for “an Academy” substitute “an Academy school or an
alternative provision Academy”.

5 (1) Schedule 1 (Academies: land) (substituted by Schedule 14) is amended as
follows.

(2) 25In paragraph 10 (power of Secretary of State to make direction where
Academy order made)—

(a) in sub-paragraph (1)(b), for “Academy” substitute “Academy
school”;

(b) in sub-paragraph (3)(c), for “Academy” substitute “Academy
30school”.

(3) In paragraph 13 (transfer of land and other property on dissolution of
governing body), in sub-paragraph (3)(b), for “Academy” substitute
“Academy school”.

Other Acts

6 (1) 35The Children Act 1989 is amended as follows.

(2) In section 62 (voluntary organisations providing accommodation: duties of
local authorities), in subsection (10), after “1992,” insert “a 16 to 19
Academy”.

(3) In section 80 (inspection of children’s homes etc by persons authorised by
40Secretary of State)—

(a) in subsection (5), after paragraph (dc) insert—

“(dd) proprietor of a 16 to 19 Academy;”;

(b) in subsection (13), in the definition of “college”, after “1992” insert “or
a 16 to 19 Academy”;

(c) 5in subsection (13), at the end insert—

• ““proprietor” has the same meaning as in the Education
  Act 1996.”

(4) In section 87 (welfare of children in boarding schools and colleges)—

(a) in subsection (10), in the definition of “college”, after “1992 Act”
10insert “or a 16 to 19 Academy”;

(b) in subsection (11), after paragraph (c) insert—

“(d) in relation to a 16 to 19 Academy, the proprietor of the
Academy.”

7 In Schedule 4A to the Water Industry Act 1991 (premises that are not to be
15disconnected for non-payment of charges), after paragraph 10 insert—

“10A A 16 to 19 Academy.”

8 (1) FHEA 1992 is amended as follows.

(2) In section 85A (nuisance or disturbance on educational premises)—

(a) in subsection (2), omit the “and” after paragraph (a) and after
20paragraph (b) insert “, and

(c) any 16 to 19 Academy.”;

(b) in subsection (4), omit the “and” after paragraph (a) and after
paragraph (b) insert “, and

(c) in relation to premises of a 16 to 19 Academy, the
25proprietor.”;

(c) in subsection (6), omit the “and” after paragraph (a) and after
paragraph (b) insert “, and

(c) in relation to an offence committed on premises of a
16 to 19 Academy, a person whom the proprietor has
30authorised to bring such proceedings.”

(3) In section 85AA (power of members of staff to search students for prohibited
items: England)—

(a) in subsection (1), after “England” insert “, or a 16 to 19 Academy,”;

(b) in subsection (6), in the definition of “member of staff”, after “further
35education sector” insert “or a 16 to 19 Academy”.

(4) In section 85AB (power of search under section 85AA: supplementary), in
subsection (3), after “England” insert “, or a principal of a 16 to 19
Academy,”.

(5) In section 85C (power of members of staff to use force)—

(a) 40in subsection (1), after “further education sector” insert “or is a 16 to
19 Academy”;

(b) in subsection (5), after “further education sector” insert “or a 16 to 19
Academy”.

9 (1) EA 1996 is amended as follows.

(2) 45In section 4 (schools: general)—

(a) in subsection (1), for “subsection (1A)” substitute “subsections (1A)
to (1C)”;

(b) after subsection (1A) insert—

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

(1C) 5An alternative provision Academy is a school.”

(3) In section 11 (Secretary of State’s duty in the case of primary, secondary and
further education)—

(a) in subsection (1)(a), omit the “or” after sub-paragraph (i) and after
sub-paragraph (ii) insert “or

(iii) 10in 16 to 19 Academies,”;

(b) in subsection (1)(b), for “or institutions within the further education
sector” substitute “, institutions within the further education sector
or 16 to 19 Academies”;

(c) in subsection (2), for “and institutions within the further education
15sector” substitute “, institutions within the further education sector
and 16 to 19 Academies”.

(4) In section 329A (review or assessment of educational needs at request of
responsible body), in subsection (12), after paragraph (d) insert—

“(da) an alternative provision Academy that is not an independent
20school,”.

(5) In section 332B (special educational provision: resolution of disputes), in
subsection (8)(c), for “or an Academy” substitute “, an Academy school or an
alternative provision Academy”.

(6) In section 337 (special schools), in paragraph (b), for “Academy” substitute
25“Academy school”.

(7) In section 444 (offence: failure to secure regular attendance at school of
registered pupil), in subsection (7A)(a), for sub-paragraph (iii) substitute—

“(iii) an Academy school,

(iiia) an alternative provision Academy,”.

(8) 30In section 444ZA (application of section 444 to alternative education
provision), in subsection (8)—

(a) in paragraph (a), for sub-paragraph (iii) substitute—

“(iii) an Academy school,

(iiia) an alternative provision Academy,”;

(b) 35in paragraph (b), after “(iii),” insert “(iiia),”.

(9) In section 444B (penalty notices: supplemental), in subsection (4), in the
definition of “relevant school”, for paragraph (c) substitute—

“(c) an Academy school,

(ca) an alternative provision Academy,”.

(10) 40In section 508A (local authorities in England: duty to promote sustainable
modes of travel)—

(a) in subsection (5)(b), after “further education sector” insert “, or 16 to
19 Academies,”;

(b) in subsection (6)(b), after “further education sector” insert “, or 16 to
4519 Academies,”.