Education Bill (HL Bill 98)

(3) In sub-paragraph (6), for “such an application” substitute “an application
under sub-paragraph (1) or a notice under sub-paragraph (4)”.

(4) After sub-paragraph (6), insert—

“(6A) On receipt of a notice under sub-paragraph (4)(b), the Secretary of
5State must—

(a) decide whether to make a direction under paragraph 12 of
Schedule 1 to the Academies Act 2010 (transfer to
Academy) in respect of the land, and

(b) notify the local authority of that decision.

(6B) 10If the Secretary of State decides to make a direction under
paragraph 12 of Schedule 1 to the Academies Act 2010 in respect
of the land, the local authority may not make an application under
sub-paragraph (1) for a transfer order in relation to the land.”

14 (1) Paragraph 5 (discontinuance of foundation, voluntary and foundation
15special schools: land) is amended as follows.

(2) After sub-paragraph (1), insert—

“(1A) But this paragraph does not apply where proposals mentioned in
sub-paragraph (1)(a) have been approved, adopted, confirmed or
determined to be implemented in consequence of an Academy
20order made in respect of the school.”

(3) In sub-paragraph (4), after paragraph (a) insert—

“(aa) in the case of a school in England, make a direction in
respect of the land under paragraph 11 of Schedule 1 to the
Academies Act 2010 (transfer to Academy);”.

(4) 25In sub-paragraph (4B), after paragraph (a) insert—

“(aa) in the case of a school in England, make a direction in
respect of the land under paragraph 11 of Schedule 1 to the
Academies Act 2010 (transfer to Academy);”.

(5) In sub-paragraph (5A), in paragraph (b), after “maintained schools” insert
30“or Academies”.

15 (1) Paragraph 7 (disposal of property held by governing body of maintained
school on their dissolution) is amended as follows.

(2) In sub-paragraph (1), at the end insert “other than a dissolution by virtue of
paragraph 5(2)(a)(iv) of that Schedule (dissolution following Academy
35order)”.

(3) In sub-paragraph (2)(ii), for the words from “following” to “new school”
substitute “persons or bodies mentioned in sub-paragraph (2A)”.

(4) After sub-paragraph (2), insert—

“(2A) The persons and bodies are—

(a) 40the governing body of a maintained school;

(b) the temporary governing body of a new school;

(c) in the case of the dissolution of a governing body of a
maintained school in England, a person concerned with
the running of an Academy.”

Other amendments

16 Section 482 of EA 1996 (Academies) is repealed.

17 Schedule 35A to EA 1996 (Academies: land) is repealed.

18 (1) Section 77 of SSFA 1998 (control of disposals or changes in use of school
5playing fields) is amended as follows.

(2) In subsection (2B)—

(a) omit “or” at the end of paragraph (a);

(b) after paragraph (b), insert “or

(c) to a disposal in pursuance of—

(i) 10a transfer scheme under paragraph 1 or 2 of
Schedule 1 to the Academies Act 2010
(transfer to person concerned with running of
Academy), or

(ii) a direction under paragraph 10 of Schedule 1
15to that Act (direction to transfer to local
authority or person concerned with running
of Academy, where Academy order made).”

(3) In subsection (3)—

(a) in the opening words, for “subsections (4) and” substitute
20“subsection”;

(b) in the opening words, for “(2B)(a) or (b)” substitute “(2B)(a), (b) or
(c)”;

(c) at the end insert “, or by an Academy for the purposes of the
Academy”.

(4) 25Omit subsection (4).

(5) After subsection (4A), insert—

“(4B) On receiving an application for consent under subsection (1) or (3),
the Secretary of State may direct that the playing fields, or any part
of them, be transferred to a person concerned with the running of an
30Academy, subject to the payment by that person or the Secretary of
State of such sum by way of consideration (if any) as the Secretary of
State determines to be appropriate.”

19 In section 65 of EA 2002 (Academies), omit subsection (1).

20 (1) Section 12 of AA 2010 (charitable status of Academy proprietors etc) is
35amended as follows.

(2) After subsection (1) insert—

“(1A) In the definition of “trust corporation” in the provisions listed in
subsection (1B), the reference to a corporation appointed by the court
in any particular case to be a trustee includes a reference to a
40qualifying Academy proprietor.

(1B) The provisions are—

(a) section 117(1)(xxx) of the Settled Land Act 1925;

(b) paragraph (18) of section 68(1) of the Trustee Act 1925;

(c) section 205(1)(xxviii) of the Law of Property Act 1925;

(d) section 55(1)(xxvi) of the Administration of Estates Act 1925;

(e) section 128 of the Senior Courts Act 1981.”

(3) In the heading, after “charitable” insert “and trust corporation”.

Section 63

SCHEDULE 15 5Academies: minor amendments

1 In Schedule 4 to the Finance Act 2003 (stamp duty land tax: chargeable
consideration), in paragraph 17(2)(e) (arrangements involving public or
educational bodies) for “section 482 of the Education Act 1996” substitute
“section 1 of the Academies Act 2010”.

2 10In Schedule 17 to the Equality Act 2010 (disabled pupils: enforcement), in
paragraph 13(4) (admissions) for paragraph (b) substitute—

“(b) Academy arrangements (as defined in section 1 of the
Academies Act 2010) between the responsible body for an
Academy and the Secretary of State,”.

3 15In section 2 of AA 2010 (payments under Academy arrangements), omit
subsection (5).

Section 65

SCHEDULE 16 Abolition of the YPLA: consequential amendments

Public Records Act 1958 (c. 51)Public Records Act 1958 (c. 51)

1 20In paragraph 3 of Schedule 1 to the Public Records Act 1958, in Part 2 of the
Table (definition of public records: other establishments and organisations)
omit “Young People’s Learning Agency for England.”

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

2 In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc
25subject to investigation) omit “The Young People’s Learning Agency for
England.”

Superannuation Act 1972 (c. 11)Superannuation Act 1972 (c. 11)

3 In Schedule 1 to the Superannuation Act 1972 (kinds of employment, etc,
referred to in section 1 of that Act) omit “The Young People’s Learning
30Agency for England.”

House of Commons Disqualification Act 1975 (c. 24)House of Commons Disqualification Act 1975 (c. 24)

4 In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975
(other disqualifying offices) omit the entry relating to members of the Young
People’s Learning Agency for England in receipt of remuneration.

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

5 In section 1 of the Education (Fees and Awards) Act 1983 (fees at universities
and further education establishments), in subsection (3)(f), for “Young
People’s Learning Agency for England” substitute “Secretary of State”.

5Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33)Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33)

6 In section 5 of the Disabled Persons (Services, Consultation and
Representation) Act 1986 (disabled persons leaving special education), in
subsection (9), in paragraph (c) of the definition of “the responsible
authority”—

(a) 10omit “, the Young People’s Learning Agency for England”;

(b) omit “, Young People’s Learning Agency for England”.

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

7 In section 26 of the Employment Act 1988 (status of trainees etc), for
subsection (1A) substitute—

“(1A) 15The Secretary of State may make an order under subsection (1B)
where it appears to the Secretary of State that provision has been
made for trainees to receive payments—

(a) from the Secretary of State under section 14 of the Education
Act 2002,

(b) 20from the Chief Executive of Skills Funding under section
100(1)(c) or (d) of the Apprenticeships, Skills, Children and
Learning Act 2009, or

(c) from the Welsh Ministers under section 34(1)(c) of the
Learning and Skills Act 2000.

(1B) 25An order under this subsection may provide—

(a) that the trainees are, for the purposes and in the cases
specified or described in or determined under the order, to be
treated in respect of the training as being or as not being
employed;

(b) 30that where the trainees are treated as being employed they
are to be treated as being the employees of the persons so
specified, described or determined and of no others;

(c) that where the trainees are treated as not being employed,
they are to be treated in such other manner as may be so
35specified, described or determined; and

(d) that the payments are to be treated for the purposes of such
enactments and subordinate legislation as may be so
specified, described or determined in such manner as may be
so specified, described or determined.

40For the purposes of subsection (1A) and this subsection, trainees are
persons receiving or proposing to receive training.”

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

8 In section 128 (dissolution of higher education corporations), in subsection
(1)(b), omit sub-paragraph (iib).

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

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

(2) In item 5A—

(a) 5omit paragraph (a);

(b) in paragraph (b), for “that Act” substitute “the Apprenticeships,
Skills, Children and Learning Act 2009”.

(3) After item 5A insert—

“5B The provision of education or vocational training and the supply,
10by the person providing that education or training, of any goods
or services essential to that provision, to persons who are—”

“a aged under 19,

(b) aged 19 or over, in respect of education or training begun
by them when they were aged under 19,

(c) 15aged 19 or over but under 25 and subject to learning
difficulty assessment, or

(d) aged 25 or over, in respect of education or training begun
by them when they were within paragraph (c),

to the extent that the consideration payable is ultimately a charge
20to funds provided by the Secretary of State.”

(4) In note (5A), for “item 5A” substitute “items 5A and 5B”.

(5) After note (5A) insert—

“(5B) In item 5B, “subject to learning difficulty assessment” has the same
meaning as in the Education Act 1996.”

25EA 1996

10 EA 1996 is amended as follows.

11 After section 15ZC insert—

“15ZD Sections 15ZA to 15ZC: duty to have regard to guidance

In performing the duties imposed by sections 15ZA(1), 15ZB and
3015ZC(1)(b) (duties in relation to education and training for persons
over compulsory school age), a local authority in England must have
regard to any guidance issued by the Secretary of State.”

SSFA 1998

12 In section 30 of SSFA 1998 (notice by governing body to discontinue
35foundation or voluntary school), in subsection (3)(a)(i), for the words from
“Young” to “school” substitute “Secretary of State”.

LSA 2000

13 LSA 2000 is amended as follows.

14 In section 98 (approved qualifications: England), omit subsections (7) and
40(8).

15 (1) Section 144 (designated institutions: disposal of land, etc) is amended as
follows.

(2) In subsection (4)(b), for sub-paragraphs (i) and (ii) substitute—

“(i) in the case of land in England held for the purposes of
5a sixth form college, or land in Wales, by an arbitrator
to be appointed in default of agreement by the
President of the Chartered Institute of Arbitrators;

(ii) in the case of any other land in England, by the
Secretary of State.”

(3) 10After subsection (4) insert—

“(4A) The expense of an arbitrator appointed under subsection (4)(b)(i) is
to be borne equally by the trustees and—

(a) in the case of land in England, the Secretary of State;

(b) in the case of land in Wales, the Welsh Ministers.”

(4) 15In subsection (9)(a), for “Young People’s Learning Agency for England”
substitute “Secretary of State”.

16 In Schedule 9 (amendments), omit paragraph 14.

Freedom of Information Act 2000 (c. 36)Freedom of Information Act 2000 (c. 36)

17 In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public
20bodies and offices: general) omit “The Young People’s Learning Agency for
England.”

EA 2002

18 EA 2002 is amended as follows.

19 In section 183 (transfer of functions relating to allowances under section
25181), in subsection (1), omit paragraph (aa) (but not the “or” after it).

20 Omit section 208A (recoupment: adjustment between local authorities and
the YPLA).

21 In section 210(6A) (Welsh orders and regulations subject to negative
resolution), omit “or section 208A”.

30HEA 2004

22 In section 41 (interpretation of Part 3), in subsection (2)(a), omit “61 or”.

Children Act 2004 (c. 31)Children Act 2004 (c. 31)

23 In section 10 (co-operation to improve wellbeing), in subsection (9)(c), omit
“66,”.

35EA 2005

24 EA 2005 is amended as follows.

25 In section 14 (destination of reports: maintained schools), omit subsection
(3).

26 In section 14A (destination of interim statements: maintained schools), omit
subsection (3).

27 In section 92 (joint exercise of functions), in subsection (2), omit “the Young
People’s Learning Agency for England,”.

28 5In section 108 (supply of information: education maintenance allowances),
in subsection (3), omit paragraph (ba).

EIA 2006

29 EIA 2006 is amended as follows.

30 (1) Section 123 (inspection of further education and training: education and
10training to which Chapter applies) is amended as follows.

(2) In subsection (1), in paragraphs (b), (c) and (g), for “YPLA” substitute
“Secretary of State”.

(3) In subsection (3)(a), omit “61(4)(f) or”.

31 In section 124 (inspection of education and training to which Chapter
15applies), in subsection (5), omit paragraph (b).

32 In section 125 (inspection of further education institutions), in subsection (5),
omit paragraph (b).

33 In section 126 (other inspections), in subsection (4), omit paragraph (b).

34 In section 128 (area inspections), in subsection (3)(a), for “YPLA” substitute
20“Secretary of State”.

35 In section 129 (reports of area inspections), in subsection (2), omit paragraph
(b).

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

(2) In subsection (2), for “a relevant body” substitute “the Chief Executive”.

(3) 25In subsections (4) and (5), for “body” substitute “Chief Executive”.

(4) Omit subsection (6).

37 In section 159(1) (interpretation of Part 8), omit the definition of “the YPLA”.

Safeguarding Vulnerable Groups Act 2006 (c. 47)Safeguarding Vulnerable Groups Act 2006 (c. 47)

38 In Schedule 7 to the Safeguarding Vulnerable Groups Act 2006 (vetting
30information), in the table in paragraph 1, in column 1 of entry 18—

(a) omit “61 or”;

(b) after “2009” insert “, section 14 of the Education Act 2002”.

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

39 In section 104 of the Local Government and Public Involvement in Health
35Act 2007 (partner authorities), in subsection (4), omit paragraph (fa).

ESA 2008

40 ESA 2008 is amended as follows.

41 In section 13 (notification of non-compliance with section 2 duty), in
subsection (5), in paragraph (f) of the definition of “educational institution”,
for “Young People’s Learning Agency for England” substitute “Secretary of
State”.

42 5In section 72 (educational institutions: duty to provide information), in
subsection (5), in paragraph (f) of the definition of “educational institution”,
for “Young People’s Learning Agency for England” substitute “Secretary of
State”.

43 In section 77 (supply of information by public bodies), in subsection (2)(b),
10for “Young People’s Learning Agency for England” substitute “Secretary of
State”.

44 In section 132 (providers of independent education or training for 16 to 18
year olds), in subsection (2)(b)(iv), for “Young People’s Learning Agency for
England” substitute “Secretary of State”.

15Local Democracy, Economic Development and Construction Act 2009 (c. 20)Local Democracy, Economic Development and Construction Act 2009 (c. 20)

45 In section 123 of the Local Democracy, Economic Development and
Construction Act 2009 (partner authorities), in subsection (4), omit
paragraph (ga).

ASCLA 2009

46 20ASCLA 2009 is amended as follows.

47 In section 107 (provision of services), in subsection (4), omit paragraph (e).

48 (1) Section 122 (sharing of information for education and training purposes) is
amended as follows.

(2) In subsection (3)(b), for “Young People’s Learning Agency for England”
25substitute “Secretary of State”.

(3) In subsection (5)(b), for “Young People’s Learning Agency for England”
substitute “Secretary of State relating to education or training”.

49 In Schedule 6 (dissolution of the Learning and Skills Council for England:
minor and consequential amendments), omit paragraphs 54 to 56 and 57(b).

50 30In Schedule 12 (Ofqual and the QCDA: minor and consequential
amendments), omit paragraph 28(3).

Section 66

SCHEDULE 17 Abolition of the YPLA: transfer schemes

Staff transfer schemes

1 35The Secretary of State may make a scheme (a “staff transfer scheme”)
providing for designated employees of the YPLA—

(a) to become members of staff of the Secretary of State (and accordingly
to become employed in the civil service of the state), or

(b) to be transferred to a permitted transferee.

2 (1) This paragraph applies where a staff transfer scheme provides for an
employee of the YPLA to become a member of staff of the Secretary of State.

(2) The staff transfer scheme may provide—

(a) so far as may be consistent with employment in the civil service of
5the state, for the terms and conditions of the employee’s employment
with the YPLA to have effect as if they were the conditions of service
as a member of the Secretary of State’s staff;

(b) for the transfer to the Secretary of State of the rights, powers, duties
and liabilities of the YPLA under or in connection with the
10employee’s contract of employment;

(c) for anything done (or having effect as if done) before that transfer by
or in relation to the YPLA in respect of such a contract or the
employee to be treated as having been done by or in relation to the
Secretary of State.

(3) 15The staff transfer scheme may provide for a period before the employee
became a member of the Secretary of State’s staff to count as a period during
which the employee was a member of the Secretary of State’s staff (and for
the operation of the scheme not to be treated as having interrupted the
continuity of that period).

(4) 20The staff transfer scheme may provide for the employee not to become a
member of the Secretary of State’s staff if the employee gives notice objecting
to the operation of the scheme in relation to the employee.

(5) The staff transfer scheme may provide for a person who would be treated
(by an enactment or otherwise) as being dismissed by the operation of the
25scheme not to be so treated.

(6) The staff transfer scheme may provide for an employee of the YPLA to
become a member of the Secretary of State’s staff despite any provision, of
whatever nature, which would otherwise prevent the person from being
employed in the civil service of the state.

3 (1) 30This paragraph applies where a staff transfer scheme provides for the
transfer of an employee of the YPLA to a permitted transferee.

(2) The staff transfer scheme may provide—

(a) for the employee’s contract of employment to have effect (subject to
any necessary modifications)—

(i) 35as if originally made between the employee and the
permitted transferee, or

(ii) as the conditions of service as a member of the permitted
transferee’s staff;

(b) for the transfer to the permitted transferee of the rights, powers,
40duties and liabilities of the YPLA under or in connection with the
employee’s contract of employment;

(c) for anything done (or having effect as if done) before that transfer by
or in relation to the YPLA in respect of such a contract or the
employee to be treated as having been done by or in relation to the
45permitted transferee.

(3) The staff transfer scheme may provide for a period before the employee
became a member of the permitted transferee’s staff to count as a period
during which the employee was a member of the permitted transferee’s staff

(and for the operation of the scheme not to be treated as having interrupted
the continuity of that period).

(4) The staff transfer scheme may provide for the employee not to become a
member of the permitted transferee’s staff if the employee gives notice
5objecting to the operation of the scheme in relation to the employee.

(5) The staff transfer scheme may provide for any person who would be treated
(by an enactment or otherwise) as being dismissed by the operation of the
scheme not to be so treated.

(6) The staff transfer scheme may provide for the transfer of an employee of the
10YPLA to a permitted transferee despite any provision, of whatever nature,
which would otherwise prevent the employee from being so transferred.

Property transfer schemes

4 (1) The Secretary of State may make a scheme (a “property transfer scheme”)
providing for the transfer from the YPLA of designated property, rights or
15liabilities of the YPLA to—

(a) the Secretary of State, or

(b) a permitted transferee.

(2) A property transfer scheme may—

(a) create rights, or impose liabilities, in relation to property or rights
20transferred by virtue of the scheme;

(b) provide for anything done by or in relation to the YPLA in
connection with any property, rights or liabilities transferred by the
scheme to be treated as done, or to be continued, by or in relation to
the person to whom the property, rights or liabilities in question are
25transferred;

(c) apportion property, rights and liabilities;

(d) make provision about the continuation of legal proceedings.

(3) The things that may be transferred by a property transfer scheme include—

(a) property, rights and liabilities that could not otherwise be
30transferred;

(b) property acquired, and rights and liabilities arising, after the making
of the scheme.

Continuity

5 A transfer by virtue of a staff transfer scheme or a property transfer scheme
35does not affect the validity of anything done by or in relation to the YPLA
before the transfer takes effect.

Supplementary provision etc.

6 A staff transfer scheme or a property transfer scheme may include
supplementary, incidental, transitional and consequential provision.

40Interpretation

7 In this Schedule—

Education BillPage 130

• “designated”, in relation to a staff transfer scheme or a property transfer
  scheme, means specified in, or determined in accordance with, the
  scheme;

• “permitted transferee” means a person specified in an order made by
  5the Secretary of State;

• “the YPLA” means the Young People’s Learning Agency for England.

Section 67

SCHEDULE 18 The apprenticeship offer: consequential amendments

1 ASCLA 2009 is amended as follows.

2 10In section 27(1) (contents of specification of apprenticeship standards for
England)—

(a) after paragraph (a) insert “and”;

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

3 In section 36(5) (power to apply provisions with modifications in application
15to Crown servants etc), omit “, or any of sections 91 to 99,”.

4 In section 82(5) (meaning of Chief Executive’s “apprenticeship functions”),
omit paragraph (d).

5 In section 83, for the heading substitute “Power to secure provision of
apprenticeship training”.

6 20In section 84(1) (arrangements with local authorities), after “section 83”
insert “or 83A”.

7 In section 85 (encouragement of training provision etc for persons within
section 83)—

(a) in subsection (1)(a), after “section 83(1)(a) or (b)” insert “or 83A(4), (5)
25or (6)”;

(b) in the heading, after “section 83” insert “or 83A”.

8 In section 86 (education and training for persons aged 19 or over or subject
to adult detention), in subsection (2), after “that section” insert “83A or”.

9 Sections 91 to 99 (functions of the Chief Executive of Skills Funding: the
30apprenticeship offer) are repealed.

10 In section 100(1) (power of Chief Executive to secure provision of financial
resources), omit paragraph (i).

11 Section 104 (assistance and support in relation to apprenticeship places) is
repealed.

12 35In section 105 (promoting progression from level 2 to level 3
apprenticeships), for subsection (5) substitute—

“(5) In this section “apprenticeship certificate” means an apprenticeship
certificate issued under section 3 or 4.

(6) A reference in this section to an apprenticeship certificate at any level
40includes a reference to a certificate or other evidence (including a

certificate awarded or evidence provided by a person outside
England) which appears to the Chief Executive to be evidence of
experience and attainment at a comparable or higher level.”.

13 In section 121(3) (interpretation of Part 4: training within the Chief
5Executive’s remit), after paragraph (a) insert—

“(aa) training falling within section 83A(1),”.

14 (1) Section 262 (orders and regulations) is amended as follows.

(2) After subsection (3) insert—

“(3A) An order under section 83A(12) may amend, repeal or revoke any
10provision of, or in an instrument made under, this or any other Act.”.

(3) Omit subsection (4).

(4) In subsection (6) (orders and regulations subject to affirmative resolution)—

(a) before paragraph (b) insert—

“(ab) an order under section 83A(12);”;

(b) 15omit paragraph (c).

15 In section 269 (commencement), omit subsection (5).