Education Bill (HL Bill 108)

(5) After subsection (2) insert—

“(2A) For the purposes of subsection (2)(aa), a new foundation or
voluntary controlled school replaces a foundation or voluntary
school which has a religious character if it is proposed that the new
5school—

(a) should have the same religious character,

(b) should have a different religious character, or

(c) should not have a religious character.”

(6) In subsection (3), after “voluntary” insert “controlled”.

(7) 10In subsection (7), after “subsection” insert “(1A) or”.

(8) For subsection (9) substitute—

“(9) In this section—

• “maintained infant school” means a maintained school that
  provides primary education suitable to the requirements of
  15children of compulsory school age who have not attained the
  age of 8;

• “maintained junior school” means a maintained school that
  provides primary education suitable to the requirements of
  junior pupils who have attained the age of 7;

• 20“non-maintained special school” means a school which is
  approved under section 342 of EA 1996.”

8 In section 11A(1) (restriction on power of governing body to make
proposals), for “11(2)” substitute “11(1A) or (2)”.

9 In section 12 (establishment of school as a federated school), in subsection
25(1), after “new” insert “maintained”.

10 (1) Schedule 2 (consideration, approval and implementation of proposals for
establishment or discontinuance of schools in England) is amended as
follows.

(2) After paragraph 3 insert—

30““Academy proposals” and “non-Academy proposals”

3A In this Schedule—

(a) “Academy proposals” means proposals under section 7 for
the establishment of an Academy, and

(b) “non-Academy proposals” means proposals under section
357 for the establishment of a school falling within subsection
(2)(a) of that section.”

(3) In paragraph 4(a) (references to persons by whom proposals under section 7
are made), omit “or in the case of proposals published by the relevant
authority under subsection (5)(b) of that section, by the relevant authority,”.

(4) 40In paragraph 5(b) (requirement to forward objections and comments made
in relation to proposals)—

(a) for “referred to” substitute “to be considered by the Secretary of State
or”;

(b) after “forward to” insert “the Secretary of State or (as the case may
be)”.

(5) In the heading to Part 2, omit “by Local Authority or Adjudicator”.

(6) For the heading before paragraph 6 substitute “Consideration of proposals”.

(7) 5Before paragraph 6 insert—

“5A (1) Academy proposals do not require consideration under
paragraph 8 (see paragraph 7A instead).

(2) If proposals under section 7 consist wholly of non-Academy
proposals, the proposals require consideration under paragraph 8.

(3) 10If proposals under section 7 include both Academy proposals and
non-Academy proposals, the non-Academy proposals do not
require consideration under paragraph 8 unless and until
paragraph 7A(5) or (6) applies.”

(8) In paragraph 6 (proposals under section 7, 10 or 11 requiring consideration
15under paragraph 8), omit “7,”.

(9) After paragraph 7 insert—

“7A (1) This paragraph applies where proposals under section 7 consist of
or include Academy proposals.

(2) The Secretary of State must decide whether to enter into Academy
20arrangements as a result of any of the Academy proposals.

(3) The Secretary of State must notify the relevant authority of a
decision under sub-paragraph (2).

(4) Sub-paragraphs (5) and (6) apply where the proposals under
section 7 include non-Academy proposals.

(5) 25If the Secretary of State decides not to enter into Academy
arrangements as a result of any of the Academy proposals, the
non-Academy proposals require consideration under paragraph
8.

(6) In any other case, the Secretary of State may direct that all or any
30of the non-Academy proposals require consideration under
paragraph 8.”

(10) Omit the heading before paragraph 8.

(11) In paragraph 9 (consideration of proposals that are related to other
proposals), for sub-paragraph (2) substitute—

“(2) 35Where proposals within sub-paragraph (2A) appear to the
relevant authority to be related to other proposals within that sub-
paragraph that have not yet been determined, the authority must
consider the proposals together.

(2A) The proposals within this sub-paragraph are—

(a) 40proposals under section 7 that require consideration by the
authority under paragraph 8;

(b) proposals under section 10, 11 or 15.”

(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 49

35SCHEDULE 12 Further education institutions: amendments

Amendments of FHEA 1992

1 FHEA 1992 is amended as follows.

2 After section 16 insert—

“16A Publication of proposals

(1) The appropriate authority may not make an order under section
16(1) or (3) unless the authority has published a draft of the proposed
5order, or of an order in substantially the same form, by such time and
in such manner as may be prescribed.

(2) A draft proposal or order in respect of an institution which is
maintained by a local authority may not be published without the
consent of the governing body and the local authority.

(3) 10In this section “the appropriate authority” means—

(a) in relation to a proposal or order in respect of an institution
in England, the Secretary of State;

(b) in relation to a proposal or order in respect of an institution
in Wales, the Welsh Ministers.”

3 (1) 15Section 19 (supplementary powers of further education corporations) is
amended as follows.

(2) In subsection (4)(c), for “27” substitute “27C or 33P”.

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

(4) 20In subsection (4AA), after “exercised” insert “by a further education
corporation in Wales”.

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

(6) Omit subsection (4AC).

(7) 25In subsection (4B)—

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

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

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

(9) 30In subsection (5)—

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

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

4 Section 19A (duty in relation to promotion of well-being of local area) is
35repealed.

5 In section 20 (constitution of further education corporation and conduct of
further education institution), for subsection (2) substitute—

“(2) Instruments of government and articles of government of further
education corporations in England—

(a) 40must comply with the requirements of Part 2 of Schedule 4,
and

(b) subject to that, may make such other provision as may be
necessary or desirable.

(2A) Instruments of government and articles of government of further
education corporations in Wales—

(a) must comply with the requirements of Part 3 of Schedule 4,
and

(b) 5subject to that, may make any provision authorised to be
made by that Part of that Schedule and such other provision
as may be necessary or desirable.”

6 For section 22 substitute—

“22 Subsequent instruments and articles: England

10A further education corporation in England may modify or replace
their instrument of government or articles of government.

22ZA Subsequent instruments and articles: Wales

(1) Subject to subsections (2) and (3), the Welsh Ministers may—

(a) if a further education corporation in Wales submits a draft of
15an instrument of government to have effect in place of their
existing instrument, by order make a new instrument of
government in the terms of the draft or in such terms as they
think fit, and

(b) if such a corporation submits draft modifications of an
20instrument made under paragraph (a), by order modify the
instrument in the terms of the draft or in such terms as they
think fit.

(2) The Welsh Ministers must not make a new instrument otherwise
than in the terms of the draft, or modify the instrument otherwise
25than in the terms of the draft, unless they have consulted the
corporation.

(3) If the institution conducted by a further education corporation
mainly serves the population of England, or receives financial
support from the Chief Executive of Skills Funding, the Welsh
30Ministers must consult the Chief Executive of Skills Funding before
making an order under subsection (1).

(4) The Welsh Ministers may by order modify, replace or revoke any
instrument of government or articles of government of any further
education corporation in Wales.

(5) 35An order under subsection (4) may relate to all further education
corporations in Wales, to any category of such corporations specified
in the order or to any such corporation so specified.

(6) Before making an order under subsection (4), the Welsh Ministers
must consult—

(a) 40the further education corporation or (as the case may be) each
further education corporation to which the order relates, and

(b) the Chief Executive of Skills Funding, if the institution
conducted by the corporation or (as the case may be) any
corporation to which the order relates mainly serves the
45population of England, or receives financial support from the
Chief Executive of Skills Funding.

(7) A further education corporation in Wales may, with the consent of
the Welsh Ministers—

(a) make new articles of government in place of their existing
articles, or

(b) 5modify their existing articles.

(8) The Welsh Ministers may by a direction under this section require
further education corporations in Wales, any class of such
corporations specified in the direction or any particular further
education corporation so specified—

(a) 10to modify, replace or revoke their articles of government, or

(b) to secure that any rules or bye-laws made in pursuance of
their articles of government are modified, replaced or
revoked,

in any manner so specified.

(9) 15Before giving a direction under this section, the Welsh Ministers
must consult the further education corporation or (as the case may
be) each further education corporation to which the direction
applies.”

7 For section 27 substitute—

“27 20Proposals for dissolution of further education corporations: England

(1) This section applies if a further education corporation in England
propose that the corporation should be dissolved.

(2) The corporation must publish details of the proposal, and such other
information as may be prescribed, in accordance with regulations.

(3) 25The corporation must consult on the proposal, and take account of
the views of those consulted, in accordance with regulations.

27A Dissolution of further education corporations: England

(1) This section and section 27B apply if, after complying with section
27, a further education corporation in England resolve that the
30corporation should be dissolved on a specified date.

(2) “The dissolution date” means the date specified in a resolution under
subsection (1).

(3) The corporation must notify the Secretary of State of the resolution
and the dissolution date as soon as reasonably practicable.

(4) 35The corporation are dissolved on the dissolution date.

27B Dissolution of further education corporations: England: transfer of
property, rights and liabilities

(1) At any time before the dissolution date, the corporation may transfer
any of their property, rights or liabilities to such person or body, or a
40person or body of such description, as may be prescribed.

(2) The corporation may do so only with the consent of the person or
body concerned.

(3) A transfer under subsection (1) has effect on the dissolution date.

(4) Subsection (5) applies if a person or body prescribed, or of a
description prescribed, under subsection (1) is not a charity
established for charitable purposes which are exclusively
educational purposes.

(5) 5Any property transferred to the person or body must be transferred
on trust to be used for charitable purposes which are exclusively
educational purposes.

27C Dissolution of further education corporations: Wales

(1) Subject to the following provisions of this section, the Welsh
10Ministers may by order provide for—

(a) the dissolution of a further education corporation in Wales,
and

(b) the transfer to any person mentioned in subsection (2) or (3)
of property, rights and liabilities of the corporation.

(2) 15Such property, rights and liabilities may, with the consent of the
person or body concerned, be transferred to—

(a) any person appearing to the Welsh Ministers to be wholly or
mainly engaged in the provision of educational facilities or
services of any description, or

(b) 20any body corporate established for purposes which include
the provision of such facilities or services.

(3) Such property, rights and liabilities may be transferred to a higher
education funding council.

(4) Where the recipient of a transfer under an order under this section is
25not a charity established for charitable purposes which are
exclusively educational purposes, any property transferred must be
transferred on trust to be used for charitable purposes which are
exclusively charitable purposes.

(5) An order under this section may apply section 26 with such
30modifications as the Welsh Ministers consider necessary or
desirable.

(6) Before making an order under this section in respect of a further
education corporation, the Welsh Ministers must consult—

(a) the corporation, and

(b) 35the Chief Executive of Skills Funding, if the institution
conducted by the corporation mainly serves the population
of England, or receives financial support from the Chief
Executive of Skills Funding.”

8 For section 29 substitute—

“29 40Government and conduct of designated institutions

(1) This section applies to a designated institution, other than—

(a) an institution conducted by a company, or

(b) an institution conducted by an unincorporated association, if
the order designating the institution provides for its
45exemption.

(2) For each designated institution to which this section applies, there is
to be—

(a) an instrument providing for the constitution of a governing
body of the institution (to be known as the instrument of
5government), and

(b) an instrument in accordance with which the institution is to
be conducted (to be known as the articles of government).

(3) In sections 29A to 29C—

• “instrument” means an instrument of government or articles of
  10government;

• “regulatory instrument”, in relation to an institution, means—

  (a)

  an instrument of government or articles of
  government, or

  (b)

  any other instrument relating to or regulating the
  15institution.

29A First post-designation instruments and articles of designated
institutions: England and Wales

(1) The first post-designation instrument and articles of government of
a designated institution to which section 29 applies must each
20comply with subsection (3) and (if the institution is in Wales)
subsection (6).

(2) The “first post-designation instrument and articles of government”
of a designated institution are the first instrument of government
and articles of government that the institution has after the
25designation takes effect.

(3) The instrument must meet one of the following requirements—

(a) the instrument was in force when the designation took effect
and is approved for the purposes of this section by the
appropriate authority;

(b) 30the instrument—

(i) is made in pursuance of a power under a regulatory
instrument or (where there is no such power) by the
governing body of the institution, and

(ii) (in either case) is approved for the purposes of this
35section by the appropriate authority;

(c) the instrument is made by the appropriate authority by
order.

(4) An instrument made by the governing body under subsection (3)(b)
or the appropriate authority under subsection (3)(c) may replace
40wholly or in part an existing regulatory instrument.

(5) Before making an instrument under subsection (3)(c), the
appropriate authority must, so far as it appears practicable to do so,
consult—

(a) the governing body of the institution, and

(b) 45where there is power under a regulatory instrument to make
the instrument, and that power is exercisable by persons
other than the governing body of the institution, the persons
by whom the power is exercisable.

(6) If the institution is in Wales, provision made by the instrument in
relation to the appointment of members of the governing body must
take into account the members who may be appointed by the Welsh
Ministers under section 39 of the Learning and Skills Act 2000.

(7) 5In this section “the appropriate authority”—

(a) in relation to an institution in England, means the Secretary
of State;

(b) in relation to an institution in Wales, means the Welsh
Ministers.

29B 10Changes to instruments and articles: England

(1) This section applies to a designated institution in England which is
an institution to which section 29 applies.

(2) The governing body of the institution may modify or replace its
instrument of government and articles of government.

(3) 15The instrument of government and articles of government (as
modified or replaced)—

(a) must comply with the requirements of Part 2 of Schedule 4,
and

(b) subject to that, may make such other provision as may be
20necessary or desirable.

29C Changes to instruments and articles: Wales

(1) This section applies to a designated institution in Wales which is an
institution to which section 29 applies.

(2) Subject to subsection (3), the governing body of the institution may
25modify, replace or revoke its instrument of government and articles
of government if —

(a) the instrument falls within section 29A(3)(a),

(b) the instrument was made by the governing body, or

(c) the instrument was made in pursuance of a power under a
30regulatory instrument, where there is no other power to
modify it.

(3) An instrument approved under section 29A(3)(a) or (b) by the Welsh
Ministers may not be modified, replaced or revoked without the
consent of the Welsh Ministers.

(4) 35The Welsh Ministers may by order modify, replace or revoke the
instrument of government or articles of government of the
institution.

(5) Before making an order under subsection (4), the Welsh Ministers
must, so far as it appears practicable to do so, consult—

(a) 40the governing body of the institution, and

(b) where there is power under a regulatory instrument to make
the instrument, and that power is exercisable by persons
other than the governing body of the institution, the persons
by whom the power is exercisable.”

9 45In section 30 (special provision for certain institutions), in subsection (1) for
“section 29” substitute “sections 29 to 29C”.

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

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

(2) 5In 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) In subsection (3)(c)—

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

(b) 10for “them” substitute “the proposer”.

12 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
college corporation to which section 33J applies) section 33J(1A)”.

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

(a) 15in subsection (6)(e)(ii), for “27” substitute “27C or 33P”;

(b) omit subsection (7);

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

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

15 20Section 33H (duty in relation to promotion of well-being of local area) is
repealed.

16 In section 33I(2) (instrument and articles of government of sixth form college
corporations)—

(a) in paragraph (a), after “requirements of” insert “Part 2 of”;

(b) 25for paragraph (b) substitute—

“(b) subject to that, may make such other provision as may
be necessary or desirable.”

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

(2) After subsection (1) insert—

“(1A) 30A sixth form college corporation to which this section applies may
(accordingly) conduct the relevant sixth form college in a way that
secures 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) 35In subsection (3)—

(a) for “reference in subsection (1)(a) to the established character of a
sixth 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”.

18 40In section 33K (instrument and articles of new sixth form college
corporation)—

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