Education Bill (HL Bill 108)

(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) 5in 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.”

19 For section 33L substitute—

“33L Changes to instruments and articles

(1) 10A sixth form college corporation may modify or replace their
instrument of government or articles of government.

(2) A sixth form college corporation to which section 33J applies may do
the things mentioned in subsection (1) only with the consent of the
trustees of the relevant sixth form college.”

20 15For section 33N substitute—

“33N Proposals for dissolution of sixth form college corporations

(1) This section applies if a sixth form college corporation propose that
the corporation should be dissolved.

(2) The corporation must publish details of the proposal, and such other
20information as may be prescribed, in accordance with regulations.

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

33O Dissolution of sixth form college corporations

(1) This section and section 33P apply if, after complying with section
2533N, a sixth form college corporation resolve that the corporation
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
30and the dissolution date as soon as reasonably practicable.

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

33P Dissolution of sixth form college corporations: transfer of property,
rights and liabilities

(1) At any time before the dissolution date, the corporation may transfer
35any of their property, rights or liabilities to such person or body, or a
person or body of such description, as may be prescribed, subject to
subsection (4).

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

(3) 40A transfer under subsection (1) has effect on the dissolution date.

(4) In the case of a sixth form college corporation to which section 33J
applies, 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.

(5) 5Subsection (6) 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.

(6) Any property transferred to the person or body must be transferred
10on trust to be used for charitable purposes which are exclusively
educational purposes.

(7) Subsection (6) does not apply to property transferred to the person
or body by virtue of subsection (4).”

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

22 Section 49A (guidance about consultation with students and employees), as
it has effect in relation to England, is repealed.

23 Section 51 (publication of proposals) is repealed.

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

(a) 20after “section 15ZA” insert “or 18A”;

(b) omit “61 or”.

25 (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
25“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) 30In subsection (7), after “include” insert “— (a)” and at the end insert—

“(b) a direction requiring a governing body to make a resolution
under section 27A(1) for the body to be dissolved on a date
specified in the direction.

(7A) A governing body to which a direction such as is mentioned in
35subsection (7)(b) is given is to be taken for the purposes of section
27A(1) to have complied with section 27 before making the
resolution required by the direction.”

(7) For subsection (9) substitute—

“(9) The Secretary of State may not give a direction to a governing body
40under subsection (6)(c) which relates to the dismissal of a member of
staff.”

(8) Omit subsection (10).

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

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

28 Section 56C (directions) is repealed.

29 5Section 56D (notification by local authority or YPLA of possible grounds for
intervention) is repealed.

30 (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) 10In 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) 15Before 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
20more 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) 25the 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) 30in 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) 35in paragraph (c), for “authority think” substitute “Secretary of State
thinks”.

(7) In subsection (7), after “include” insert “— (a)” and at the end insert—

“(b) a direction requiring a governing body to make a resolution
under section 33O(1) for the body to be dissolved on a date
40specified in the direction.

(7A) A governing body to which a direction such as is mentioned in
subsection (7)(b) is given is to be taken for the purposes of section
33O(1) to have complied with section 33N before making the
resolution required by the direction.”

(8) 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
staff.”

(9) 5Omit subsection (10).

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

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

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

33 10Section 56H (intervention by YPLA) is repealed.

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

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

36 (1) 15Section 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
20is 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
25condition 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
30functions.”

(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) 35In subsection (3)(a) omit “the YPLA,”.

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

38 In section 88 (stamp duty)—

(a) for “27” substitute “27B, 27C”;

(b) 40for “33N” substitute “33P”.

39 In section 88A (stamp duty land tax)—

(a) for “27” substitute “27B, 27C”;

(b) for “33N” substitute “33P”.

40 (1) Section 89 (orders, regulations and directions) is amended as follows.

(2) In subsection (2)—

(a) for “22, 29(6) and (8)” substitute “22ZA(1) and (4), 29A(3)(c), 29C(4)”;

(b) 5after “33A(5)(b)” insert “33J(2), 33K(1),”;

(c) omit “or section 33L”.

(3) In subsection (3), after “subsection (3A)” insert “or (3B)”.

(4) After subsection (3A) insert—

“(3B) An order falls within this subsection if—

(a) 10it is an order revoking (wholly or in part) an order under
section 15 or 16 and is made by virtue of section 27A(4), or

(b) it is an order revoking (wholly or in part) an order under
section 33A, 33B or 33C and is made by virtue of section
33O(4).”

41 (1) 15Section 90 (interpretation) is amended as follows.

(2) In subsection (1)—

(a) after the definition of “further education” insert—

• ““further education corporation in England” means a
  further education corporation established to conduct
  20an institution in England;

• “further education corporation in Wales” means a
  further education corporation established to conduct
  an institution in Wales;”;

(b) omit the definitions of “the responsible local authority” and “the
25YPLA”.

(3) Omit subsection (2ZA).

42 In section 92 (index)—

(a) after the entry for “further education corporation” insert—

(b) omit the entries for “responsible local authority” and “the YPLA”.

43 For Schedule 4 substitute—

“Schedule 4 Instruments and articles of government

Part 1 General

1 5In this Schedule—

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

• “the institution” means—

  (a)

  in the case of a further education corporation, the
  10institution which the corporation are established to
  conduct;

  (b)

  in the case of the governing body of a designated
  institution, the institution;

  (c)

  in the case of a sixth form college corporation, the
  15relevant sixth form college.

Part 2 England

2 This Part applies in relation to—

(a) a further education corporation in England;

(b) 20the governing body of a designated institution in England;

(c) a sixth form college corporation.

3 In this Part “the body” means—

(a) in the case of a further education corporation or a sixth
form college corporation, the corporation;

(b) 25in the case of a governing body, the governing body.

4 An instrument must provide for—

(a) the number of members of the body,

(b) the eligibility of persons for membership, and

(c) the appointment of members.

5 (1) 30An instrument must make provision about the procedures of the
body and the institution.

(2) In particular, an instrument must specify how the body may
resolve for its dissolution and the transfer of its property, rights
and liabilities.

6 (1) 35An instrument must make provision for there to be—

(a) a chief executive of the institution, and

(b) a clerk to the body.

(2) An instrument must make provision about the respective
responsibilities of the body, the chief executive and the clerk.

(3) The responsibilities of the body must include—

(a) in the case of a sixth form college corporation to which
section 33J applies, the preservation and development of
the educational character and mission of the institution
5and the oversight of its activities;

(b) in the case of any other sixth form college corporation, a
further education corporation or a governing body, the
determination and periodic review of the educational
character and mission of the institution and the oversight
10of its activities;

(c) in any case, the effective and efficient use of resources, the
solvency of the institution and the body and the
safeguarding of their assets.

7 An instrument must require the body to publish arrangements for
15obtaining the views of staff and students on the matters for which
the body are responsible under paragraph 6(3)(a) or (b).

8 An instrument must permit the body to change their name with
the approval of the Secretary of State.

9 An instrument must specify how the body may modify or replace
20the instrument of government and articles of government.

10 An instrument must prohibit the body from making changes to
the instrument of government or articles of government that
would result in the body ceasing to be a charity.

11 An instrument must provide for—

(a) 25 a copy of the instrument to be given free of charge to every
member of the body,

(b) a copy of the instrument to be given free of charge, or at a
charge not exceeding the cost of copying, to anyone else
who requests it, and

(c) 30a copy of it to be available for inspection at the institution
on request, during normal office hours, to every member
of staff of, and student at, the institution.

12 An instrument must provide for the authentication of the
application of the seal of the body.

35Part 3 Wales

13 This Part applies in relation to further education corporations in
Wales.

14 Provision made by an instrument in relation to the appointment of
40members of the corporation must take into account the members
who may be appointed by the Welsh Ministers under section 39 of
the Learning and Skills Act 2000.

15 (1) An instrument must provide for—

(a) the number of members of the corporation,

(b) 45the eligibility of persons for membership, and

(c) the appointment of members.

(2) An instrument may provide for the nomination of any person for
membership by another, including by a body nominated by the
Welsh Ministers.

16 5An instrument must provide for one or more officers to be chosen
from among the members.

17 An instrument may—

(a) provide for the corporation to establish committees, and

(b) permit such committees to include persons who are not
10members of the corporation.

18 An instrument may provide for the delegation of functions of the
corporation to—

(a) officers or committees, or

(b) the principal of the institution.

19 15An instrument may provide for the corporation to pay allowances
to its members.

20 An instrument must provide for the authentication of the seal of
the corporation.

21 An instrument must require the corporation to—

(a) 20keep proper accounts and proper records in relation to the
accounts, and

(b) prepare in respect of each financial year of the corporation
a statement of accounts.

22 An instrument must—

(a) 25provide for the appointment of a principal of the
institution, and

(b) determine which functions exercisable in relation to the
institution are to be exercised by the corporation, its
officers or committees and which by the principal of the
30institution.

23 An instrument must make provision about the procedures of the
corporation and the institution.

24 An instrument must provide—

(a) for the appointment, promotion, suspension and dismissal
35of staff, and

(b) for the admission, suspension and expulsion of students.

25 An instrument may make provision authorising the corporation to
make rules or bye-laws for the government and conduct of the
institution, including in particular rules or bye-laws about the
40conduct of students, staff or both.”

Other amendments

44 (1) LSA 2000 is amended as follows.

(2) In section 110 (secondary education), in subsection (5), for “51(3A)”
substitute “16A(2)”.

(3) In section 143 (further education sector: designated institutions), in
subsection (6)(b), for “section 29” substitute “any of sections 29 to 29C”.

45 5In section 22 of the Further Education and Training Act 2007 (consultation of
further education institutions), in the new section 49A to be inserted into
FHEA 1992 in relation to Wales—

(a) in subsection (1)—

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

(ii) 10for “appropriate authority” substitute “Welsh Ministers”;

(b) omit subsection (3).

46 (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) 15In 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 54

SCHEDULE 13 2016 to 19 Academies and alternative provision Academies: consequential
amendments

AA 2010

1 AA 2010 is amended as follows.

2 In section 4(3) (Academy orders: when maintained school is “converted
25into” 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) In subsection (3) —

(a) after “selective school” insert “and is to be converted into an
30Academy school”;

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

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

(4) In subsection (5)—

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

(b) 35for “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 In section 10A (charges at boarding Academies) (inserted by section 61), 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
5follows.

(2) In 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) 10in sub-paragraph (3)(c), for “Academy” substitute “Academy
school”.

(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”.

15Other Acts

6 (1) The 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) 20In section 80 (inspection of children’s homes etc by persons authorised by
Secretary 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
25a 16 to 19 Academy”;

(c) in 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) 30in subsection (10), in the definition of “college”, after “1992 Act”
insert “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 35In Schedule 4A to the Water Industry Act 1991 (premises that are not to be
disconnected 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) 40in subsection (2), omit the “and” after paragraph (a) and after
paragraph (b) insert “, and

(c) any 16 to 19 Academy.”;

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