Deregulation Bill (HL Bill 95)

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

33 In section 1 of the Education (Fees and Awards) Act 1983 (fees at universities
and other further education establishments), in subsection (3)(f), omit “or
the Chief Executive of Skills Funding”.

5Further and Higher Education Act 1992 (c.13)1992 (c.13)

34 The Further and Higher Education Act 1992 is amended as follows.

35 In section 54 (duty to give information), in subsection (1)—

(a) for “the Chief Executive of Skills Funding” substitute “the Secretary
of State”;

(b) 10for “as the Chief Executive” substitute “as the Secretary of State”;

(c) for the words from “for the purposes of” to “or (as the case may be)”
substitute “for the purposes of the exercise of any of the functions of
the Secretary of State under Part 4 of the Apprenticeships, Skills,
Children and Learning Act 2009 or (as the case may be) for the
15purposes of the exercise of any of the functions of”.

36 Omit section 61A (references to appropriate bodies).

37 In section 82 (joint exercise of functions), in subsection (3)(a), omit “the Chief
Executive of Skills Funding,”.

38 In section 83 (efficiency studies), in the Table inserted by subsection (1B), in
20the first column, for “The Chief Executive of Skills Funding” substitute “The
Secretary of State”.

Education Act 1996 (c.56)1996 (c.56)

39 The Education Act 1996 is amended as follows.

40 In section 13 (general responsibility for education), in subsection (2)(a), for
25“the Chief Executive of Skills Funding” substitute “the Secretary of State
under Part 4 of the Apprenticeships, Skills, Children and Learning Act
2009”.

41 In section 15ZA (duty in respect of education and training for persons over
compulsory school age: England), in subsection (5), for “the Chief Executive
30of Skills Funding” substitute “the Secretary of State”.

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

42 In section 26 of the Employment Act 1988 (status of trainees etc), in
subsection (1A), omit paragraph (b) (but not the “or” following it).

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

43 35In section 128 of the Education Reform Act 1988 (dissolution of higher
education corporations), in subsection (1), omit paragraph (b)(iia).

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

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

(2) In item 5A, omit paragraph (b), and the “or” following it.

(3) After item 5B insert—

“5C The provision of education or vocational training and the supply,
by the person providing that education or training, of any goods
5or services essential to that provision, to persons who are aged 19
or over, to the extent that the consideration payable is ultimately a
charge to funds provided by the Secretary of State in exercise of
functions under Part 4 of the Apprenticeships, Skills, Children and
Learning Act 2009.”

(4) 10In the Notes to Group 6, in Note (5A), for “and 5B” substitute “to 5C”.

Learning and Skills Act 2000 (c.21)2000 (c.21)

45 In section 144 of the Learning and Skills Act 2000 (designated institutions:
disposal of land, &c), in subsection (9)—

(a) in paragraph (a), omit “for the purposes of a sixth form college”;

(b) 15omit paragraph (aa).

Education Act 2002 (c.32)2002 (c.32)

46 In section 183 of the Education Act 2002 (transfer of functions relating to
allowances under section 181), in subsection (1)—

(a) omit paragraph (a);

(b) 20omit the “or” at the end of paragraph (aa).

Education Act 2005 (c.18)2005 (c.18)

47 The Education Act 2005 is amended as follows.

48 In section 92 (joint exercise of functions), in subsection (2), omit “, the Chief
Executive of Skills Funding”.

49 25In section 108 (supply of information: education maintenance allowances),
in subsection (3), omit paragraph (b).

Education and Inspections Act 2006 (c.40)2006 (c.40)

50 The Education and Inspections Act 2006 is amended as follows.

51 In section 123 (education and training to which this Chapter applies), in
30subsection (1), in each of paragraphs (b), (c) and (g), omit “or the Chief
Executive”.

52 In section 124 (inspection of education and training to which this Chapter
applies), in subsection (5), omit paragraph (ba).

53 In section 125 (inspection of further education institutions), in subsection (5),
35omit paragraph (ba) (but not the “and” following it).

54 In section 126 (other inspections), in subsection (4), omit paragraph (ba).

55 In section 128 (area inspections), in subsection (3), omit paragraph (aa) (but
not the “or” following it).

56 In section 129 (reports of area inspections), in subsection (2), omit paragraph
(ba) (but not the “and” following it).

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

(2) Omit subsection (2).

(3) 5In subsection (4)—

(a) omit “(2) or”;

(b) omit “the Chief Executive or”.

(4) In subsection (5), omit “Chief Executive or the”.

58 In section 159 (interpretation of Part 8), in subsection (1), omit the definition
10of “the Chief Executive”.

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

59 In section 104 of the Local Government and Public Involvement in Health
Act 2007 (application of Chapter: partner authorities), in subsection (4), omit
paragraph (f).

15Education and Skills Act 2008 (c.25)2008 (c.25)

60 The Education and Skills Act 2008 is amended as follows.

61 In section 13 (notification of non-compliance with duty imposed by section
2), in subsection (5)(f), for “, the Secretary of State or the Chief Executive of
Skills Funding” substitute “or the Secretary of State”.

62 20In section 72 (educational institutions), in subsection (5)(f), for “the Secretary
of State or the Chief Executive of Skills Funding” substitute “or the Secretary
of State”.

63 In section 77 (supply of information by public bodies), omit subsection
(2)(ba).

64 25In section 132 (providers of independent education or training for 16 to 18
year olds), in subsection (2)(b)(iv), omit “or the Chief Executive of Skills
Funding”.

Education Act 2011 (c.21)2011 (c.21)

65 In the Education Act 2011, omit the following—

(a) 30section 30(8);

(b) section 70;

(c) section 72;

(d) in Schedule 18, paragraphs 4 and 6.

Section 64

SCHEDULE 15 Further and higher education: reduction of burdens

Part 1 Measures applying to England and Wales

5Control of interest rates on loans

1 In the Further Education Act 1985, omit section 3 (which confers powers on
the Secretary of State and the Welsh Ministers to determine the minimum
rate of interest on loans made under that Act by local authorities to certain
bodies providing education etc).

10Powers of Secretary of State in relation to local authority maintained institutions

2 (1) The Education (No. 2) Act 1986 is amended as follows.

(2) Omit section 61 (which makes provision about the minimum age for
governors of higher or further education institutions maintained by local
authorities and about the participation of students in proceedings of
15governing bodies of such institutions).

(3) Omit section 62 (which confers powers on the Secretary of State and the
Welsh Ministers to make provision by regulations requiring governing
bodies of higher or further education institutions maintained by local
authorities to make documents and information relating to the governing
20bodies available).

3 (1) The Education Reform Act 1988 is amended as follows.

(2) Omit section 158 (which requires the governing bodies of institutions
providing full-time education which are maintained by local authorities in
the exercise of their higher or further education functions to make reports
25and returns etc to the Secretary of State or Welsh Ministers on request).

(3) Omit section 159 (which confers powers on the Secretary of State and Welsh
Ministers to make provision by regulations requiring local authorities to
publish information relating to institutions providing full-time education
which are maintained by the authorities in the exercise of their higher or
30further education functions).

(4) Omit section 219 (which confers default powers etc on the Secretary of State
and Welsh Ministers in relation to governing bodies of institutions
maintained by local authorities and providing higher or further education).

Transfer of property etc

4 (1) 35The Further and Higher Education Act 1992 is amended as follows.

(2) Omit sections 23 to 26 (which make provision about the transfer of property
etc to further education corporations established to conduct certain other
institutions in the education sector).

(3) Omit sections 32 and 33 (which make provision about the transfer of
40property etc to institutions designated under section 28 of the 1992 Act).

(4) Omit section 34 (which confers power on the Secretary of State and Welsh
Ministers by order to provide for property of a local authority to be made
available for use by institutions within the further education sector).

(5) In consequence of sub-paragraphs (2) to (4)—

(a) 5in section 19(4)(c), for “23” substitute “27”;

(b) omit section 35;

(c) omit section 36;

(d) omit section 38;

(e) omit section 58;

(f) 10in section 84—

(i) in subsection (1)(a), omit “Part 1 of this Act or”;

(ii) in subsection (2), omit “Part 1 of this Act or, as the case may
be,”;

(g) in section 88(1)—

(i) 15omit “23, 25,”;

(ii) omit “32,”;

(h) in section 88A(1)—

(i) omit “25,”;

(ii) omit “32,”;

(i) 20omit Schedule 5.

Part 2 Measures applying to England only

Control of governance of designated institutions conducted by companies

5 (1) Section 31 of the Further and Higher Education Act 1992 (which confers
25powers on the Secretary of State and the Welsh Ministers to give directions
for the purpose of securing that the articles of association etc of institutions
designated under section 28 of that Act and conducted by companies are
amended as specified in the directions) ceases to have effect in relation to
England.

(2) 30Accordingly, in section 31(1), after “designated institution”, insert “in
Wales”.

Conversion of sixth form college corporations into further education corporations

6 In section 33D of the Further and Higher Education Act 1992 (conversion of
sixth form college corporations into further education corporations)—

(a) 35omit subsection (2)(b) (which confers power on the Secretary of State
to covert a sixth form college corporation established in England into
a further education corporation if satisfied that it is no longer
appropriate for the body to be a sixth form college corporation), and
the “or” before it;

(b) 40omit subsection (4) (which makes provision about consultation
before the exercise of the power for that purpose).

Powers of Secretary of State in relation to local authority maintained institutions

7 In section 56A of the Further and Higher Education Act 1992 (intervention

powers of the Secretary of State in relation to England), for subsection (1)
substitute—

“(1) This section applies if the Secretary of State is satisfied as to one or
more of the matters listed in subsection (2) in the case of—

(a) 5an institution in England within the further education sector,
other than a sixth form college, or

(b) an institution in England which is maintained by a local
authority and provides further education, other than an
institution within the higher education sector,

10and, in either case, it is immaterial whether or not a complaint is
made by any person.”

Regulation of qualification requirements for teaching staff and principals

8 (1) The following provisions of the Education Act 2002 cease to have effect in
relation to England—

(a) 15section 136(a) (which allows regulations to be made prohibiting the
provision of education at a further education institution by a person
who does not have a specified qualification);

(b) section 136(b) (which allows regulations to be made prohibiting the
provision of education at a further education institution by a person
20unless the person is serving or has served a probationary period);

(c) section 137 (which allows regulations to be made providing that a
person may serve as the principal of a further education institution
only if the person has a specified qualification);

(d) section 138 (which makes further provision for the purposes of
25sections 136 and 137).

(2) Accordingly, those provisions are amended as follows—

(a) in section 136(a), after “further education institution” insert “in
Wales”;

(b) in section 136(b), after “further education institution” insert “in
30Wales”;

(c) in section 137(1), after “further education institution” insert “in
Wales”;

(d) in section 138, omit subsection (2).

Section 65

SCHEDULE 16 35Schools: reduction of burdens

Responsibility for determining behaviour policy

1 (1) Section 88 of the Education and Inspections Act 2006 (responsibility of
governing body for discipline) is amended as follows.

(2) Before subsection (1) insert—

“(A1) 40The governing body of a relevant school in England must ensure that
the head teacher determines measures under section 89(1).”

(3) In subsection (1), after “relevant school” insert “in Wales”.

(4) In subsection (2), after “governing body” insert “of a relevant school in
Wales”.

(5) In subsection (4)—

(a) omit paragraph (a), and the “and” following it;

(b) 5in paragraph (b), omit “in relation to Wales,”.

(6) In consequence of the amendments made to section 88, in section 89 of the
2006 Act (determination by head teacher of behaviour policy)—

(a) omit subsection (2);

(b) in subsection (3), omit “, so far as it is not determined by the
10governing body”.

Home-school agreements

2 (1) Omit sections 110 and 111 of the School Standards and Framework Act 1998
(which require the governing bodies of certain schools to adopt home-school
agreements), and the italic cross-heading before those sections.

(2) 15In consequence of sub-paragraph (1)—

(a) in section 138(4)(a) of that Act, omit “, 110(10)”;

(b) in the Learning and Skills Act 2000, in Schedule 9, omit paragraph 85;

(c) in the Education Act 2002, in Schedule 7, omit paragraph 9;

(d) in the Education Act 2011, in Schedule 13, omit paragraph 10(9).

20Determining school terms

3 (1) Section 32 of the Education Act 2002 (responsibility for fixing dates of terms
and holidays and times of sessions), as amended by the Education (Wales)
Act 2014, is amended as follows.

(2) Omit subsection (1).

(3) 25In subsection (2), for the words from “In the case of” to “governing body”
substitute “The governing body of a maintained school in England”.

(4) In subsection (3), in paragraph (a), for “a school within subsection (1)”
substitute “a community, voluntary controlled or community special school
in England”.

30Staffing matters

4 (1) Section 35(8) of the Education Act 2002 (which requires local authorities etc
to have regard to guidance in relation to certain staffing matters at
community, voluntary controlled and community special schools and
maintained nursery schools) ceases to have effect in relation to schools in
35England.

(2) Accordingly, in section 35(8)—

(a) after “local authority” insert “in Wales”;

(b) after “maintained school” insert “in Wales”;

(c) omit paragraph (a) and the “or” following it;

(d) 40in paragraph (b), omit “in relation to Wales”.

5 (1) Section 36(8) of the Education Act 2002 (which requires local authorities etc
to have regard to guidance in relation to certain staffing matters at

foundation, voluntary aided and foundation special schools) ceases to have
effect in relation to schools in England.

(2) Accordingly, in section 36(8)—

(a) after “local authority” insert “in Wales”;

(b) 5after “maintained school” insert “in Wales”;

(c) omit paragraph (a) and the “or” following it;

(d) in paragraph (b), omit “in relation to Wales”.

Publication of reports

6 (1) The Education Act 2005 is amended in accordance with sub-paragraphs (2)
10to (4).

(2) Omit the following provisions—

(a) section 11C(4) (provision of copies of reports relating to the
investigation of certain complaints about schools);

(b) section 14A(4) (publication, and provision of copies, of interim
15statements about maintained schools).

(3) In section 14, for subsection (4) (publication, and provision of copies, of
reports of certain general school inspections) substitute—

“(4) The appropriate authority must take such steps as are reasonably
practicable, within such period following the receipt by it of the
20report as may be prescribed, to secure that every registered parent of
a registered pupil at the school is informed of the overall assessment
contained in the report of the quality of education provided in the
school.”

(4) In section 49, for subsection (4) (publication, and provision of copies, of
25reports relating to denominational education and collective worship at
certain schools) substitute—

“(4) The governing body must take such steps as are reasonably
practicable, within such period following the receipt by it of the
report as may be prescribed, to secure that every registered parent of
30a registered pupil at the school is informed of the overall assessment
contained in the report of—

(a) the quality of the denominational education provided by the
school, and

(b) the content of the school’s collective worship.”

Where the school is a voluntary or foundation school which has
been designated under section 69(3) of the School Standards and
40Framework Act 1998 as having a religious character, information
as to where and by what means parents may access the most
recent report about the school sent to the governing body under
section 49 of the Education Act 2005.”

Section 66

SCHEDULE 17 Part to be inserted as Part 5A of the Licensing Act 2003

“Part 5A

“sale of alcohol at community events etc and ancillary business sale of
5alcohol

Conditions for permitted sales

110A General conditions

(1) A sale by retail of alcohol is a permitted sale by virtue of this Part if—

(a) the community event conditions (set out in section 110B or in
10regulations made under that section) or the ancillary business
sales conditions (set out in section 110C or in regulations
made under that section) are satisfied in relation to it, and

(b) the conditions set out in subsections (2) to (5) below are
satisfied in relation to it.

(2) 15The sale must take place on premises specified in a notice that
complies with section 110D (a “Part 5A notice”).

(3) No counter notice under section 110J must have been given in
relation to the Part 5A notice.

(4) The sale must take place during the period of 36 months beginning
20with the date when the Part 5A notice takes effect.

(5) The sale must take place between 07.00 a.m. and 11.00 p.m.

110B Community event conditions

(1) The community event conditions, in relation to a sale by retail of
alcohol, are the conditions set out in subsections (2) to (6) and any
25additional conditions set out in regulations under subsection (7).

(2) The sale must be made by or on behalf of a body that is—

(a) of a prescribed description,

(b) does not trade for profit, and

(c) meets any prescribed criteria.

(3) 30The sale must be ancillary to an event that—

(a) is taking place on the premises,

(b) is organised by the body by or on whose behalf the sale is
made,

(c) has been advertised in advance, and

(d) 35meets any prescribed criteria.

(4) The sale must take place on the premises during the course of the
event.

(5) The alcohol must be sold for consumption on the premises during
the course of the event.

(6) The number of persons present on the premises at the time of the sale
must not exceed 300.

(7) Regulations may provide for additional conditions prescribed in the
regulations to be community event conditions.

110C 5 Ancillary business sales conditions

(1) The ancillary business sales conditions, in relation to a sale by retail
of alcohol, are the conditions set out in subsections (2) to (5) and any
additional conditions set out in regulations under subsection (6).

(2) The sale must be made by or on behalf of a body that—

(a) 10is of a prescribed description, and

(b) meets any prescribed criteria.

(3) The sale must take place on premises that—

(a) are managed by the body by or on whose behalf the sale is
made,

(b) 15are of a prescribed description, and

(c) meet any prescribed criteria.

(4) The sale must be ancillary to the provision of goods or services to a
person on the premises where the sale takes place.

(5) Except in prescribed circumstances, the alcohol must be sold for
20consumption on those premises.

(6) Regulations may provide for additional conditions prescribed in the
regulations to be ancillary business sales conditions.

Part 5A notices

110D Conditions for validity of notices

(1) 25A notice complies with this section if the conditions set out in
subsections (2) to (10) are satisfied in relation to the notice.

(2) The notice must specify whether—

(a) the community event conditions (set out in section 110B or in
regulations under that section), or

(b) 30the ancillary business sales conditions (set out in section 110C
or in regulations under that section),

will be satisfied in relation to sales of alcohol on the premises in
question.

(3) The notice must specify (for the purposes of section 110A(2))—

(a) 35in the case of a notice that specifies the ancillary business
sales conditions, the set of premises to which it relates;

(b) in the case of a notice that specifies the community event
conditions, no more than three sets of community premises,
each of which must be wholly or partly in the area of the same
40licensing authority.

(4) The notice must be given, on behalf of the body by or on whose
behalf the sale of alcohol on the premises would take place, by a