Learning and Skills Bill [H.L.]

Learning and Skills Bill [H.L.] - continued	House of Commons

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SCHEDULE 8

AMENDMENTS

Introduction

1. The amendments specified in this Schedule shall have effect.

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

2. In section 1 of the Education (Fees and Awards) Act 1983 (higher fees for students without UK connection) in subsection (3) insert after paragraph (e)-

"(f) any institution which receives funding from the Learning and Skills Council for England (whatever proportion that funding represents of the institution's total funding) and which is specified in, or is of a class or description specified in, the regulations."

Further and Higher Education Act 1992 (c.13)

3. In the Further and Higher Education Act 1992, omit sections 1 to 9 (the Further Education Funding Councils for England and Wales).

4. In section 18 of that Act (further education corporation: powers)-

(a) after subsection (1)(b) insert "and those powers are referred to in section 19 of this Act as the corporation's principal powers";

(b) subsections (4) to (6) shall cease to have effect.

5. - (1) Section 19 of that Act (supplementary powers of a further education corporation) is amended as follows.

(2) In subsection (4) after paragraph (b) insert-

"(bb) form or take part in forming a company,".

(3) After subsection (4) insert-

"(4A) The power conferred by subsection (4)(bb) above may not be exercised for the purpose of providing education or of conducting an educational institution."

6. - (1) Section 22 of that Act (subsequent instruments and articles) is amended as follows.

(2) In subsection (2) for "any instrument" substitute ", replace or revoke any instrument of government or articles".

(3) In subsection (5)-

(a) in paragraph (a) after "modify" insert ", replace or revoke";

(b) in paragraph (b) after "modified" insert ", replaced or revoked".

7. - (1) Section 29 of that Act (government and conduct of designated institutions) is amended as follows.

(2) In subsection (2) for "subsection (3)" substitute "subsections (3) and (7A)".

(3) After subsection (7) insert-

	"(7A) Provision made by the instrument in relation to the appointment of members of the governing body shall take into account the members who may be appointed by-
	(a) the Learning and Skills Council for England under section 11 of the Learning and Skills Act 2000, or
	(b) the National Council for Education and Training for Wales under section 39 of that Act."

(4) In subsection (8) after "modify" insert ", replace or revoke" and after "modified" insert ", replaced or revoked".

8. In section 31 of that Act (designated institutions conducted by companies) after subsection (2) insert-

	"(2A) Provision made by the articles of association of the company in relation to the appointment of members of the governing body shall take into account the members who may be appointed by-
	(a) the Learning and Skills Council for England under section 11 of the Learning and Skills Act 2000, or
	(b) the National Council for Education and Training for Wales under section 39 of that Act."

9. In section 52A of that Act (pupils receiving secondary education) for "pupils in the fourth key stage" substitute "persons who would, if they were pupils at a school, be in the fourth key stage".

10. In section 56 of that Act (directions) after subsection (3) insert-

"(4) In section 496 of the Education Act 1996 as it applies in relation to a council, the reference to that Act includes a reference to this Act."

11. In that Act for section 57 substitute-

"Intervention.	57. - (1) This section applies if one or more of the conditions listed in subsection (2) is satisfied regarding an institution within the further education sector; and it is immaterial whether or not a complaint is made by any person.
	(2) These are the conditions-
	(a) the Secretary of State is satisfied that the institution's affairs have been or are being mismanaged by its governing body;
	(b) he is satisfied that the institution's governing body have failed to discharge any duty imposed on them by or for the purposes of the Education Acts;
	(c) he is satisfied that the institution's governing body have acted or are proposing to act unreasonably with respect to the exercise of any power conferred or the performance of any duty imposed by or under the Education Acts;
	(d) a report regarding the institution and made by a person listed in subsection (3) indicates that the institution has serious weaknesses, or is failing or likely to fail to give an acceptable standard of education.
	(3) These are the persons-
	(a) Her Majesty's Chief Inspector of Schools in England;
	(b) Her Majesty's Chief Inspector of Education and Training in Wales;
	(c) the Adult Learning Inspectorate;
	(d) the Chief Inspector of Adult Learning.
	(4) If this section applies the Secretary of State may by order-
	(a) declare which of the conditions is (or are) satisfied, and
	(b) do one or more of the things listed in subsection (5).
	(5) He may-
	(a) remove all or any of the members of the institution's governing body;
	(b) appoint new members of that body if there are vacancies (however arising);
	(c) give to that body such directions as he thinks expedient as to the exercise of their powers and performance of their duties.
	(6) Directions may be given to a body under this section despite any enactment making the exercise of a power or performance of a duty contingent on the body's opinion.
	(7) A governing body must comply with any directions given to them under this section.
	(8) An appointment of a member of a governing body under this section shall have effect as if made in accordance with the instrument of government and articles of government of the institution concerned.
	(9) Section 507 of the Education Act 1996 (power to direct local inquiries) applies for the purposes of the Secretary of State's functions under this section as it applies for the purposes of his functions under that Act."

12. In section 60 of that Act (saving as to persons detained by order of a court) for "further education funding council" substitute "learning and skills council".

13. Section 60A of that Act (partnership arrangements: Wales) shall cease to have effect.

14. In that Act, after section 61 insert-

"References to councils.	61A. - (1) In this Part of this Act any reference to a council is to a learning and skills council.
	(2) In this Part of this Act a reference to the appropriate council, in relation to any educational institution, is to be construed as follows-
	(a) if the institution mainly serves the population of England, the reference is to the Learning and Skills Council for England;
	(b) if the institution mainly serves the population of Wales, the reference is to the National Council for Education and Training for Wales;
	(c) if the institution receives financial support from the other council, the reference is to that council also."

15. In section 82 of that Act (joint exercise of functions) in subsection (3)(a) for "further education funding council" substitute "learning and skills council".

16. In section 83 of that Act (efficiency studies) in subsection (1) for "further education funding council" substitute "learning and skills council".

17. In section 90 of that Act (interpretation) after subsection (2) insert-

	"(2A) For the purposes of this Act the learning and skills councils are the Learning and Skills Council for England and the National Council for Education and Training for Wales.
	(2B) If in construing this Act or any other Act a dispute arises as to whether any functions are exercisable by one of the learning and skills councils, the dispute shall be determined by the Secretary of State after consulting the National Assembly for Wales."

18. In section 91 of that Act (interpretation of Education Acts) omit subsection (2) (references to a further education funding council).

19. In section 92 of that Act (index) in the table for the entry beginning "council (in Part I)" substitute-

"council (in Part I), or learning and skills council

sections 61A(1) and 90(2A)."

20. - (1) Schedule 4 to that Act (instruments and articles of government for further education corporations) is amended as follows.

(2) After paragraph 1 insert-

	" 1A. Provision made by an instrument under this Schedule in relation to the appointment of members shall take into account the members who may be appointed by-
	(a) the Learning and Skills Council for England under section 11 of the Learning and Skills Act 2000, or
	(b) the National Council for Education and Training for Wales under section 39 of that Act."

(3) In paragraph 5, at the end insert "or to the principal of the institution".

(4) That Act shall be taken to have been enacted with the amendment made by sub-paragraph (3).

21. Schedule 5A to that Act (partnership arrangements: Wales) shall cease to have effect.

Employment Rights Act 1996 (c.18)

22. In section 63A of the Employment Rights Act 1996 (right of young persons to time off for study or training) in subsection (2)(b)(i) for the words from "means such" to "1992," substitute "has the same meaning as in the Education Act 1996,".

Education Act 1996 (c.56)

23. - (1) Section 13 of the Education Act 1996 (general responsibility for education) is amended as follows.

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

(3) In subsection (2) for paragraphs (a) and (b) substitute-

	"(a) the Learning and Skills Council for England or the National Council for Education and Training for Wales, or
	(b) the higher education funding councils established under section 62 of the Further and Higher Education Act 1992".

24. Section 15 of that Act (functions in respect of provision of further education) shall cease to have effect.

25. - (1) Section 15A of that Act (functions of local education authorities in respect of full-time education for 16 to 18 year olds) is amended as follows.

(2) In subsection (1) after "full-time" insert "or part-time".

(3) After subsection (2) insert-

"(3) A local education authority may do anything which appears to them to be necessary or expedient for the purposes of or in connection with the exercise of their functions under this section."

26. After section 15A of that Act insert-

"Functions in respect of education for persons over 19.	15B. - (1) A local education authority may secure the provision for their area of full-time or part-time education suitable to the requirements of persons who have attained the age of 19, including provision for persons from other areas.
	(2) A local education authority may do anything which appears to them to be necessary or expedient for the purposes of or in connection with the exercise of their functions under this section."

27. - (1) Section 408 of that Act (provision of information) is amended as follows.

(2) In subsection (1)(a) after "Education Act 1997" insert "or section 88 of the Learning and Skills Act 2000".

(3) In subsection (2) after paragraph (d) insert ", and

(e) arrangements relating to external qualifications (within the meaning given by section 88(5) of the Learning and Skills Act 2000) and to courses leading to such qualifications."

School Inspections Act 1996 (c.57)

28. In section 5 of the School Inspections Act 1996 (functions of the Chief Inspector in Wales), at the end insert-

"(11) This section does not apply in relation to education which is brought within the remit of Her Majesty's Chief Inspector of Education and Training in Wales by Part IV of the Learning and Skills Act 2000."

29. In section 6 of that Act (power of Chief Inspector to arrange for inspections in Wales), at the end insert-

"(11) An inspection of a school conducted under subsection (1) may not extend to any education of a kind brought within the remit of Her Majesty's Chief Inspector of Education and Training in Wales by Part IV of the Learning and Skills Act 2000 that is provided by the school."

30. In section 10 of that Act (inspection of certain schools by registered inspectors), in subsection (8), after "education" insert-

"(aa) education which is brought within the remit of Her Majesty's Chief Inspector of Education and Training in Wales by Part IV of the Learning and Skills Act 2000;".

31. In section 16 of that Act (destination of reports) after subsection (4) insert-

	"(5) Subsection (6) applies to a report of an inspection of a school falling within section 11(2) if-
	(a) the inspection was a section 10 inspection or was carried out by a member of the Inspectorate, and
	(b) the school provides full-time education suitable to the requirements of pupils over compulsory school age.
	(6) The person making the report shall send a copy (together with a copy of the summary, if there is one) to-
	(a) the Learning and Skills Council for England, if the school is in England, or
	(b) the National Council for Education and Training for Wales, if the school is in Wales."

Education Act 1997 (c.44)

32. In section 44(3)(a) of the Education Act 1997 (co-operation with careers advisers) for "the age of 18" there shall be substituted "the age of 16".

School Standards and Framework Act 1998 (c.31)

33. In section 15 of the School Standards and Framework Act 1998 (intervention by LEA) after subsection (6) insert-

"(7) For the purposes of this section a report of an inspection under section 63 or 80 of the Learning and Skills Act 2000 shall be treated as a report of an inspection under Part I of the School Inspections Act 1996."

34. In section 19(2) of that Act (power of Secretary of State to close school) after paragraph (c) (before the word "and") insert-

"(ca) in the case of a school which provides education suitable to the requirements of persons over compulsory school age, the Learning and Skills Council for England (if the school is in England) or the National Council for Education and Training for Wales (if the school is in Wales);".

35. In section 26 of that Act (school organisation plans), in subsection (2)-

(a) in paragraph (a) after "secondary education" insert "suitable to the requirements of pupils of compulsory school age";

(b) after paragraph (a) insert-

"(ab) how the authority propose to exercise their powers during the prescribed period with a view to securing the provision of secondary education suitable to the requirements of pupils over compulsory school age during that period;";

36. After section 26 of that Act insert-

"Plans of local learning and skills councils.	26A. - (1) In preparing a school organisation plan a local education authority in England shall have regard to the plans of any relevant local learning and skills council published under section 22 of the Learning and Skills Act 2000.
	(2) Subsection (3) applies if a school organisation plan prepared by a local education authority in England is being considered by the school organisation committee or by the adjudicator.
	(3) The committee or the adjudicator shall have regard to the plans of any relevant local learning and skills council published under section 22 of the Learning and Skills Act 2000.
	(4) A local learning and skills council is a relevant council if any of its area falls within the area of the local education authority concerned."

37. - (1) Section 27 of that Act (committees and adjudicators for Wales) shall be amended as follows.

(2) In subsection (1) for "sections 24 and 25 and Schedules 4 and 5" substitute "sections 24 and 25 of, and Schedules 4 and 5 to, this Act and Schedule 7 to the Learning and Skills Act 2000".

(3) In subsection (2) for "or Chapter I of Part III" substitute ", Chapter I of Part III or Schedule 7 to the Learning and Skills Act 2000".

38. In section 33(1) of that Act (establishment, alteration and discontinuance of schools) after "Schedule 6" insert "to this Act or under Schedule 7 to the Learning and Skills Act 2000".

39. Part VI of that Act (partnership arrangements in Wales) shall cease to have effect.

40. - (1) Schedule 6 to that Act (statutory proposals: procedure and implementation) shall be amended as follows.

(2) In paragraph 4(3) after paragraph (d) insert-

	" or
	(e) any undetermined proposals published under Schedule 7 to the Learning and Skills Act 2000."

(3) In paragraph 4(4)(a) for "or under paragraph 8 or 9 of Schedule 7" substitute "of this Schedule, under paragraph 8 or 9 of Schedule 7 or under Schedule 7 to the Learning and Skills Act 2000."

41. - (1) Schedule 7 to that Act (rationalisation of school places) shall be amended as follows.

(2) In paragraph 4(5)-

(a) in paragraph (b) for "or under paragraph 5" substitute "of this Act, paragraph 5 of this Schedule or Schedule 7 to the Learning and Skills Act 2000";

(b) in paragraph (c) after sub-paragraph (ii) insert-

	"or
	(iii) any determination whether or not to approve or implement the proposals under Schedule 7 to the Learning and Skills Act 2000."

(3) In paragraph 8(7) after paragraph (c) insert-

	" and
	(d) any proposals published under Schedule 7 to the Learning and Skills Act 2000 (and not withdrawn)."

(4) In paragraph 8(10) after paragraph (b) insert-

	" or
	(c) any determination whether or not to approve or implement the proposals under Schedule 7 to the Learning and Skills Act 2000".

(5) In paragraph 13(4) after paragraph (c) insert-

	" and
	(d) any proposals published under Schedule 7 to the Learning and Skills Act 2000 (and not withdrawn)."

(6) In paragraph 13(7) after paragraph (b) insert-

	" or
	(c) any determination whether or not to approve or implement the proposals under Schedule 7 to the Learning and Skills Act 2000".

42. In paragraph 5(1) of Schedule 22 to that Act (discontinuance of school: land)-

(a) for "or paragraph 5 of Schedule 7" substitute ", paragraph 5 of Schedule 7 to this Act or Schedule 7 to the Learning and Skills Act 2000";

(b) after paragraph (a)(ii) insert-

	"or
	(iii) have been approved, and are to be implemented, under Schedule 7 to the Learning and Skills Act 2000,".

Prepared 27 March 2000