Learning and Skills Bill [H.L.]

Learning and Skills Bill [H.L.] - continued	House of Commons
PART V, MISCELLANEOUS AND GENERAL - continued
Other miscellaneous provisions - continued

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Wales: provision of information by public bodies.

128. - (1) For the purpose of the provision in Wales of services mentioned in subsection (2), any of the bodies mentioned in subsection (3) may supply information about a young person-

(a) to a local authority;

(b) to any other person involved in the provision of the services.

(2) The services are-

(a) services provided in pursuance of section 117 of this Act,

(b) services provided in pursuance of any of sections 2, 8, 9 and 10 of the Employment and Training Act 1973 (training and careers services), and

(c) services wholly or partly funded in pursuance of section 12 of the Industrial Development Act 1982 (careers in industry).

(3) The bodies are-

(a) a local authority,

(b) a Health Authority,

(d) a probation committee, and

(e) a youth offending team.

Induction periods for teachers.

129. - (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.
	(12) Sections 496 and 497 of the Education Act 1996 shall have effect as if-
	(a) the duties and powers referred to in those sections included duties imposed and powers conferred by virtue of this section, and
	(b) in relation to those duties and powers, the bodies to which those sections apply included the governing body of a relevant school, the governing body (within the meaning given by section 90(1) of the Further and Higher Education Act 1992) of a further education institution and an appropriate body for the purposes of subsection (2)."

Assessments relating to learning difficulties.

130. - (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,

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

(c) who is receiving, or in the Secretary of State's opinion is likely 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).

(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 shall have effect with the following modifications (in addition to those specified in section 137)-

(a) the reference to Part I of this Act shall be construed as a reference to Part II, and

(b) the reference to section 13 shall be construed as a reference to section 41.

Further and higher education corporations: secondary education.

131. - (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.

132. - (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 property, 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.

Designated institutions: disposal of land, &c.

133. - (1) This section applies to land which after the coming into force of this section is transferred to trustees under section 32(3)(b) of the Further and Higher Education Act 1992 (transfer of property on designation of institution).

(2) This section also applies to land which-

(a) is held by trustees for the purposes of an institution which became a designated institution after the coming into force of this section, and

(b) was acquired or enhanced in value wholly or partly by means of money paid under section 65 of the Education Act 1996 (grants) or paragraph 5 of Schedule 3 to the School Standards and Framework Act 1998 (grants).

(3) If trustees dispose of land to which this section applies they shall notify the appropriate council.

(4) If trustees dispose of land to which this section applies they shall pay to the appropriate council so much of the proceeds of disposal as may be determined to be just-

(a) by agreement between the trustees and the council, or

(b) in default of agreement, by the Secretary of State.

(5) In making a determination under subsection (4) regard shall be had, in particular, to-

(a) the value of the land at the date of the determination, and

(b) any enhancement of the land's value which is attributable to expenditure by the trustees or the governing body of the designated institution.

(6) More than one determination may be made under subsection (4) in relation to a particular disposal where it is just to do so, in particular where the disposal involves the creation of a lease.

(7) If trustees permit land to which this section applies to be used for purposes not connected with the designated institution-

(a) they shall be treated for the purposes of this section as having disposed of the land, and

(b) subsection (4) shall have effect as if the reference to the proceeds of disposal were a reference to the value of the land.

(8) Where a designated institution has ceased to exist-

(a) this section applies to land which satisfied subsection (1) or (2) immediately before the institution ceased to exist, and

(b) in subsection (7) the reference to purposes not connected with the designated institution shall be treated as a reference to purposes not connected with an institution within the further education sector (within the meaning given by section 91(3) of the Further and Higher Education Act 1992).

(9) In this section "the appropriate council" means-

(a) the Learning and Skills Council for England, in respect of land in England, and

(b) the National Council for Education and Training for Wales, in respect of land in Wales.

Financial support for students.

134. - (1) The Teaching and Higher Education Act 1998 shall be amended as follows.

(2) In section 22 (new arrangements for giving financial support to students)-

(a) in subsection (1) for "attending" substitute "undertaking", and

(b) in subsections (2)(h) and (7) omit "attendance on".

(3) In section 23 (transfer or delegation of functions relating to student support) in subsection (1)(b)-

(a) for "at" substitute "with", and

(b) for "attending" substitute "undertaking".

(4) In section 26 (imposition of conditions as to fees at further or higher education institutions) in subsections (4), (5) and (10)(b) for "attending" (in each place) substitute "undertaking".

(5) In section 28(1) (interpretation) in the definition of "fees" for "attendance on" (in each place) substitute "undertaking".

Prepared 7 June 2000