Education Bill (HL Bill 108)

(4) The foundation body must give the Secretary of State notice of its
intention to dispose of the land.

(5) On receipt of the notice, the Secretary of State must—

(a) decide whether to make a direction under paragraph 12 of
5Schedule 1 to the Academies Act 2010 (transfer to
Academy) in respect of the land, and

(b) notify the foundation body of that decision

(6) The foundation body may not dispose of the land until it has been
notified of the Secretary of State’s decision.

(7) 10If the Secretary of State decides to make a direction in respect of
the land, the foundation body may not dispose of the land except
in accordance with the direction.”

8 In paragraph A8, for sub-paragraphs (1) to (3), substitute—

“(1) This paragraph applies where a foundation body receives a
15notification under paragraph A7A(5)(b) that the Secretary of State
has decided not to make a direction in respect of the land.”

9 (1) Paragraph A13 is amended as follows.

(2) In sub-paragraph (1)(d), at the end insert—

• “paragraph 15(3)(d) or 16(6)(d) of Schedule 1 to the Academies
  20Act 2010,”.

(3) In sub-paragraph (7)—

(a) after “maintained schools” insert “or Academies”;

(b) for “A14 to A16” substitute “A13A to A16”.

10 After paragraph A13, insert—

“A13A (1) 25 This paragraph applies to a disposal of land to which sub-
paragraph (1), (2) or (3) of paragraph A13 applies.

(2) But this paragraph only applies to a disposal if, or to the extent
that, it comprises a disposal of non-playing field land which does
not fall within sub-paragraph (5).

(3) 30“Non-playing field land” means land which does not include
playing fields within the meaning of section 77.

(4) Accordingly, in this paragraph, paragraphs A14 to A17 and
paragraph A19—

(a) references to the disposal are to the disposal by the trustees
35of the non-playing field land, and

(b) references to the land are to that non-playing field land.

(5) A disposal of non-playing field land falls within this sub-
paragraph if it is a disposal of—

(a) land acquired under section 60 or 61 of the Education Act
401996, or

(b) land acquired under paragraph 2 or 4 of Schedule 3 to this
Act,

by the trustees of an institution which is, or has at any time been,
within the further education sector (as defined by section 4(3) of
the Education Act 1996).

(6) The trustees must give the Secretary of State notice of their
5intention to dispose of the land.

(7) On receipt of the notice, the Secretary of State 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) 10notify the trustees of that decision.

(8) The trustees may not dispose of the land until they have been
notified of the Secretary of State’s decision.

(9) If the Secretary of State decides to make a direction in respect of
the land, the trustees may not dispose of the land except in
15accordance with the direction.”

11 In paragraph A14, for sub-paragraphs (1) to (5), substitute—

“(1) This paragraph applies where trustees receive a notification under
paragraph A13A(7)(b) that the Secretary of State has decided not
to make a direction in respect of the land.”

12 20In paragraph A19, before sub-paragraph (1), insert—

“(A1) In determining whether, and how, to give notice to the Secretary
of State under paragraph A1A, A7A or A13A, a governing body, a
foundation body or trustees must have regard to any guidance
given from time to time by the Secretary of State.”

13 (1) 25Paragraph A23 (land required by local authority for certain purposes) is
amended as follows.

(2) For sub-paragraph (4), substitute—

“(4) Before making an application under sub-paragraph (1) for a
transfer order in relation to publicly funded land, the authority
30must give notice of their intention to make the application to—

(a) the body or trustees holding the land, and

(b) the Secretary of State.”

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

(4) 35After sub-paragraph (6), insert—

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

(a) decide whether to make a direction under paragraph 12 of
Schedule 1 to the Academies Act 2010 (transfer to
40Academy) in respect of the land, and

(b) notify the local authority of that decision.

(6B) If 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
special schools: land) is amended as follows.

(2) 5After 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
order made in respect of the school.”

(3) 10In 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) In sub-paragraph (4B), after paragraph (a) insert—

“(aa) 15in 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
“or Academies”.

15 (1) 20Paragraph 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
order)”.

(3) 25In 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) the governing body of a maintained school;

(b) 30the 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 35Section 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
playing fields) is amended as follows.

(2) In subsection (2B)—

(a) 40omit “or” at the end of paragraph (a);

(b) after paragraph (b), insert “or

(c) to a disposal in pursuance of—

(i) a 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) 5a direction under paragraph 10 of Schedule 1
to that Act (direction to transfer to local
authority or person concerned with running
of Academy, where Academy order made).”

(3) In subsection (3)—

(a) 10in the opening words, for “subsections (4) and” substitute
“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
15Academy”.

(4) Omit 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
20of them, be transferred to a person concerned with the running of an
Academy, 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) 25Section 12 of AA 2010 (charitable status of Academy proprietors etc) is
amended 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
30in any particular case to be a trustee includes a reference to a
qualifying 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) 35section 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 65

SCHEDULE 15 40Academies: 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 In Schedule 17 to the Equality Act 2010 (disabled pupils: enforcement), in
paragraph 13(4) (admissions) for paragraph (b) substitute—

“(b) 5Academy arrangements (as defined in section 1 of the
Academies Act 2010) between the responsible body for an
Academy and the Secretary of State,”.

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

Section 67

10SCHEDULE 16 Abolition of the YPLA: consequential amendments

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

1 In 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)
15omit “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
subject to investigation) omit “The Young People’s Learning Agency for
England.”

20Superannuation 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
Agency for England.”

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

4 25In 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
30and further education establishments), in subsection (3)(f), for “Young
People’s Learning Agency for England” substitute “Secretary of State”.

Disabled 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
35subsection (9), in paragraph (c) of the definition of “the responsible
authority”—

(a) omit “, 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) 5The 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) 10from 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) 15An 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) 20that 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
25specified, 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.

30For 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).

35Value 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) omit paragraph (a);

(b) 40in 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,
by the person providing that education or training, of any goods
or services essential to that provision, to persons who are—”

“a 5aged under 19,

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

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

(d) 10aged 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
to funds provided by the Secretary of State.”

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

(5) 15After note (5A) insert—

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

EA 1996

10 EA 1996 is amended as follows.

11 20After 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
15ZC(1)(b) (duties in relation to education and training for persons
over compulsory school age), a local authority in England must have
25regard to any guidance issued by the Secretary of State.”

SSFA 1998

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

30LSA 2000

13 LSA 2000 is amended as follows.

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

15 (1) Section 144 (designated institutions: disposal of land, etc) is amended as
35follows.

(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
a sixth form college, or land in Wales, by an arbitrator
to be appointed in default of agreement by the
40President of the Chartered Institute of Arbitrators;

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

(3) After subsection (4) insert—

“(4A) The expense of an arbitrator appointed under subsection (4)(b)(i) is
5to 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) In subsection (9)(a), for “Young People’s Learning Agency for England”
substitute “Secretary of State”.

16 10In 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
bodies and offices: general) omit “The Young People’s Learning Agency for
England.”

15EA 2002

18 EA 2002 is amended as follows.

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

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

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

HEA 2004

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

25Children Act 2004 (c. 31)Children Act 2004 (c. 31)

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

EA 2005

24 EA 2005 is amended as follows.

25 30In 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
35People’s Learning Agency for England,”.

28 In 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
training to which Chapter applies) is amended as follows.

(2) 5In 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
applies), in subsection (5), omit paragraph (b).

32 10In 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
“Secretary of State”.

35 15In 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) In subsections (4) and (5), for “body” substitute “Chief Executive”.

(4) 20Omit 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
information), in the table in paragraph 1, in column 1 of entry 18—

(a) 25omit “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
Act 2007 (partner authorities), in subsection (4), omit paragraph (fa).

30ESA 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
35State”.

42 In 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),
for “Young People’s Learning Agency for England” substitute “Secretary of
5State”.

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”.

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

45 10In section 123 of the Local Democracy, Economic Development and
Construction Act 2009 (partner authorities), in subsection (4), omit
paragraph (ga).

ASCLA 2009

46 ASCLA 2009 is amended as follows.

47 15In 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”
substitute “Secretary of State”.

(3) 20In 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 In Schedule 12 (Ofqual and the QCDA: minor and consequential
25amendments), omit paragraph 28(3).

Section 68

SCHEDULE 17 Abolition of the YPLA: transfer schemes

Staff transfer schemes

1 The Secretary of State may make a scheme (a “staff transfer scheme”)
30providing 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
35employee 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
the state, for the terms and conditions of the employee’s employment