Learning and Skills Bill [H.L.]

Learning and Skills Bill [H.L.] - continued	House of Commons
PART V, MISCELLANEOUS AND GENERAL - continued
Support for 13 to 19 year olds - continued

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Recreation and social and physical training.

110. - (1) Section 508 of the Education Act 1996 (local education authorities: recreation and social and physical training) shall be amended as follows.

(2) In subsection (1) for "secondary and further education" substitute "and secondary education".

(3) After subsection (1) insert-

"(1A) A local education authority may provide facilities for recreation and social and physical training as part of the facilities for further education provided (whether or not by them) for their area."

(4) In subsection (2) for "For that purpose" substitute "For the purpose of subsection (1) or (1A)".

Sections 103 to 110: interpretation.

111. In sections 103 to 110-

"local authority" has the meaning given by section 579(1) of the Education Act 1996 (interpretation),

"Health Authority" has the meaning given by section 8 of the National Health Service Act 1977,

"parent", in relation to a child, means a person who has parental responsibility for him within the meaning of section 3 of the Children Act 1989,

"probation committee" means a committee established under section 3 of the Probation Service Act 1993,

"police authority" has the meaning given by section 101 of the Police Act 1996,

"young person" has the meaning given by section 103(4), and

"youth offending team" means a team established under section 39 of the Crime and Disorder Act 1998.

Careers services.

112. The following shall be inserted after section 10A of the Employment and Training Act 1973 (careers services)-

"Inspection.	10B. - (1) The Secretary of State shall arrange for the inspection of services provided in pursuance of section 8 or 9.
	(2) For the purpose of subsection (1) the Secretary of State may request Her Majesty's Chief Inspector of Schools in England-
	(a) to arrange for an inspection of and a report about the provision by any person or institution of services which are provided in pursuance of section 8 or 9;
	(b) to advise, on the basis of matters arising in the course of inspections under paragraph (a), about any matter relating to those services.
	(3) The Chief Inspector shall comply with a request under subsection (2).
	(4) A request under subsection (2)-
	(a) may be general or in relation to specific matters,
	(b) may relate to specific persons or institutions, or to specific classes of persons or institutions, providing services, and
	(c) may relate to specific areas.
	(5) Subsections (6) and (7) apply where the Secretary of State makes a request under subsection (2)(a) for the inspection of the provision of services by a specified person or institution.
	(6) A person carrying out or participating in the inspection shall have the same powers as an Inspector of Schools under the following provisions of the School Inspections Act 1996-
	(a) section 3(3)(a) and (b) (right of access), and
	(b) section 42 (computer records).
	(7) Section 42A of the 1996 Act (publication of reports) shall apply."

Other miscellaneous provisions

Induction periods for teachers.

113. - (1) Section 19 of the Teaching and Higher Education Act 1998 (requirement to serve induction period) shall be amended as follows.

(2) In subsection (1) after paragraph (b) insert-
"or

(c) in such circumstances as may be prescribed, a further education institution (or a further education institution of a prescribed description)."

(3) In subsection (2)-

(a) in paragraph (f) omit "employed as a teacher at a school", and

(b) in paragraph (k) after "schools" insert "or to further education institutions".

(4) In subsection (6), for "subsection (2)" substitute "subsections (2) and (6A)".

(5) After subsection (6) insert-

	"(6A) Regulations under subsection (1)(c) may, in particular-
	(a) provide that an induction period may not be begun without approval of the appropriate body for the serving of that induction period;
	(b) provide for approval to be general or specific;
	(c) make provision (including transitional provision) about the withdrawal of approval;
	(d) impose conditions or limitations on the appropriate body's power to give or withhold approval."

(6) In subsection (10) after paragraph (c) insert-

"(d) "a further education institution" means an institution within the further education sector."

(7) After subsection (10) insert-

	"(11) In the application of this section to a further education institution-
	(a) a reference to a school term shall be taken as a reference to a term of the institution;
	(b) a reference to the head teacher of a school shall be taken as a reference to the principal of the institution."

Assessments relating to learning difficulties.

114. - (1) Subsection (2) applies if-

(a) a local education authority maintains a statement of special educational needs for a person under section 324 of the Education Act 1996, and

(b) the Secretary of State believes that the person will leave school at the end of his last year of compulsory schooling to receive post-16 education or training (within the meaning of Part I of this Act) or higher education (within the meaning of the Education Reform Act 1988).

(2) The Secretary of State must arrange for an assessment of the person to be conducted at some time during the person's last year of compulsory schooling.

(3) The Secretary of State may at any time arrange for an assessment to be conducted of a person-

(a) who is in his last year of compulsory schooling or who is over compulsory school age but has not attained the age of 25, and

(b) who appears to the Secretary of State to have a learning difficulty (within the meaning of section 13).

(4) For the purposes of this section an assessment of a person is an assessment resulting in a written report of-

(a) his educational and training needs, and

(b) the provision required to meet them.

(5) A local education authority must send a copy of a statement maintained by it under section 324 of the Education Act 1996 to the Secretary of State on his request.

(6) In its application to Wales this section is to have effect as if references to the Secretary of State were to the National Assembly.

Further and higher education corporations: secondary education.

115. - (1) Section 18 of the Further and Higher Education Act 1992 (further education corporation: principal powers) shall be amended as follows-

(a) for subsection (1)(aa) substitute-

	"(aa) provide secondary education to persons who would, if they were pupils at a school, be in the fourth key stage,
	(ab) provide education which is secondary education by virtue of section 2(2B) of the Education Act 1996 (definition of secondary education),
	(ac) participate in the provision of secondary education at a school," and

(b) after subsection (1) insert-

"(1A) A further education corporation may not provide education of a kind specified in subsection (1)(aa), (ab) or (ac) above unless they have consulted such local education authorities as they consider appropriate."

(2) Section 124 of the Education Reform Act 1988 (higher education corporation: powers) shall be amended as follows-

(a) after subsection (1)(b) insert-

	"(ba) to provide secondary education to persons who would, if they were pupils at a school, be in the fourth key stage,
	(bb) to provide education which is secondary education by virtue of section 2(2B) of the Education Act 1996 (definition of secondary education),
	(bc) to participate in the provision of secondary education at a school," and

(b) after subsection (1) insert-

"(1A) A higher education corporation may not provide education of a kind specified in subsection (1)(ba) or (bb) above unless they have consulted such local education authorities as they consider appropriate."

Further education sector: designated institutions.

116. - (1) Section 28 of the Further and Higher Education Act 1992 (designation for funding by Further Education Funding Councils) shall be amended as follows-

(a) in subsection (1) for "as eligible to receive support from funds administered by the councils" substitute "for the purposes of this section",

(b) subsection (2)(b) shall cease to have effect, and

	" or
	(d) an institution established for the purpose of being principally concerned with the provision of one or both of the kinds of education specified in subsection (1) above."

(2) The following shall be substituted for section 30 of the Further and Higher Education Act 1992 (special provision for voluntary aided sixth form colleges)-

"Special provision for certain institutions.	30. - (1) Notwithstanding anything in section 29 of this Act, the instrument of government of a designated institution to which this section applies must provide-
	(a) for the governing body of the institution to include persons appointed for the purpose of securing so far as practicable that the established character of the institution at the time of its designation is preserved and developed and, in particular, that the institution is conducted in accordance with any trust deed relating to it, and
	(b) for the majority of members of the governing body to be such governors.
	(2) This section applies to-
	(a) an institution which, when designated, was a voluntary aided school, and
	(b) an institution specified, or falling within a class specified, by the Secretary of State by order.
	(3) The Secretary of State may specify an institution or a class of institutions only if the institution or each member of the class is principally concerned with the provision of the education specified in section 28(1)(a) above.
	(4) The reference in subsection (1)(a) above to the established character of an institution is, in relation to an institution established shortly before or at the same time as being designated, a reference to the character which the institution is intended to have on its establishment."

(3) Section 32(2A) of the Further and Higher Education Act 1992 (transfer of property on designation) shall cease to have effect.

(4) The Secretary of State may make an order providing for the constitution as a body corporate of the governing body of an institution in England which is designated under section 28 of the Further and Higher Education Act 1992.

(5) The National Assembly for Wales may make an order providing for the constitution as a body corporate of the governing body of an institution in Wales which is designated under section 28 of the Further and Higher Education Act 1992.

(6) An order under subsection (4) or (5) may-

(a) make provision similar to any provision of section 18 or 19 of the Further and Higher Education Act 1992 (further education corporation: powers);

(b) make provision for the continuity of the body corporate, including provision for the continuation of anything done under section 29 of the Further and Higher Education Act 1992 (government and conduct of designated institutions);

(d) make provision which confers exempt charitable status (for the purposes of the Charities Act 1993) and which relates to the governing body or to an institution administered by or established for the purposes of that body;

(e) make provision about the discontinuance of the institution;

(f) make provision about the dissolution of the body corporate (including provision about the treatment of rights and liabilities).

(7) Before making an order in relation to an institution under subsection (4) or (5) the Secretary of State or the National Assembly shall consult-

(a) the governing body of the institution, and

(b) the trustees of any trust relating to the institution.

Prepared 27 March 2000