Learning and Skills Bill [H.L.]

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

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SCHEDULE 9

AMENDMENTS

Introduction

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

Public Records Act 1958 (c.51)

2. In Schedule 1 to the Public Records Act 1958 (definition of public records) in Part II of the Table at the end of paragraph 3, insert at the appropriate places-

	" "Adult Learning Inspectorate.",
	"Learning and Skills Council for England.""

Superannuation Act 1972 (c.11)

3. In Schedule 1 to the Superannuation Act 1972 (kinds of employment to which schemes may apply) in the list of "Other Bodies", insert at the appropriate places-

"Adult Learning Inspectorate.",

"Learning and Skills Council for England.",

"National Council for Education and Training for Wales."House of Commons Disqualification Act 1975 (c.24)

4. In Part III of Schedule 1 to the House of Commons Disqualification Act 1975 (offices disqualifying for membership) insert at the appropriate places-

"Any member of the Learning and Skills Council for England in receipt of remuneration.",

"Any member of the National Council for Education and Training for Wales in receipt of remuneration."

Sex Discrimination Act 1975 (c.65)

5. In section 23A of the Sex Discrimination Act 1975 (discrimination by further education and higher education funding councils)-

(a) for "the Further Education Funding Council for England, the Further Education Funding Council for Wales," substitute "the Learning and Skills Council for England, the National Council for Education and Training for Wales,", and

(b) after "the Education Acts" insert "and the Learning and Skills Act 2000".

6. After section 25 of that Act insert-

"General duty: post-16 education and training etc.	25A. - (1) The Learning and Skills Council for England and the National Council for Education and Training for Wales shall be under a general duty to secure that the facilities falling within subsection (2) and any ancillary benefits or services are provided without sex discrimination.
	(2) Facilities falling within this subsection are facilities for-
	(a) education,
	(b) training, and
	(c) organised leisure-time occupation connected with such education or training,
	the provision of which is secured by the Learning and Skills Council for England or the National Council for Education and Training for Wales.
	(3) The provisions of sections 25 and 45 of the Learning and Skills Act 2000 shall be the only sanction for breach of the general duty in subsection (1), but without prejudice to the enforcement of section 23A under section 66 or otherwise (where the breach is also a contravention of that section)."

7. - (1) Section 26 of that Act (exception for single-sex establishments) is amended as follows.

(2) In subsections (1) and (2) for "and 25" in each place where the words occur substitute ", 25 and 25A".

(3) In subsection (3) after "section 25" insert "or 25A".

8. In section 28 of that Act (exception for physical training) for "and 25" substitute ", 25 and 25A".

Race Relations Act 1976 (c.74)

9. In section 18A of the Race Relations Act 1976 (discrimination by further education and higher education funding councils)-

(b) after "the Education Acts" insert "and the Learning and Skills Act 2000".

10. After section 19 of that Act insert-

"General duty: post-16 education and training etc.	19ZA. - (1) The Learning and Skills Council for England and the National Council for Education and Training for Wales shall be under a general duty to secure that the facilities falling within subsection (2) and any ancillary benefits or services are provided without racial discrimination.
	(2) Facilities falling within this subsection are facilities for-
	(a) education,
	(b) training, and
	(c) organised leisure-time occupation connected with such education or training,
	the provision of which is secured by the Learning and Skills Council for England or the National Council for Education and Training for Wales.
	(3) The provisions of sections 25 and 45 of the Learning and Skills Act 2000 shall be the only sanction for breach of the general duty in subsection (1), but without prejudice to the enforcement of section 18A under section 57 or otherwise (where the breach is also a contravention of that section)."

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

11. 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;
	(g) any institution which receives funding from the National Council for Education and Training for Wales (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."

Disabled Persons (Services, Consultation and Representation) Act 1986 (c.33)

12. In section 5(9) of the Disabled Persons (Services, Consultation and Representation) Act 1986 (disabled persons leaving special education) in the definition of "the responsible authority", in paragraph (c) for "a further education funding council" substitute "the Learning and Skills Council for England or the National Council for Education and Training for Wales".

Education Reform Act 1988 (c.40)

13. In section 128(1)(b) of the Education Reform Act 1988 (dissolution of higher education corporations) for sub-paragraph (v) substitute-

"(v) the Learning and Skills Council for England or the National Council for Education and Training for Wales."

14. In section 218(2B) of that Act (school and further and higher education regulations)-

(a) for "or city colleges for the technology of the arts" substitute ", city colleges for the technology of the arts or city academies", and

(b) after "such colleges" insert "or academies".

Environmental Protection Act 1990 (c.43)

15. In section 98 of the Environmental Protection Act 1990 (definitions) in subsection (2)(e) for "or city college for the technology of the arts" substitute ", city college for the technology of the arts or city academy,".

Further and Higher Education Act 1992 (c.13)

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

17. 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.

18. - (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 conducting an educational institution.
	(4B) The power conferred by subsection (4)(bb) above may not be exercised for the purpose of the provision of education if the provision is secured (wholly or partly) by financial resources provided by the Learning and Skills Council for England or the National Council for Education and Training for Wales.
	(4C) But subsection (4B) above shall not apply to the extent that the Council concerned consents to the exercise of the power conferred by subsection (4)(bb) above in a way which does not comply with the restriction in subsection (4B)."

19. - (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".

20. - (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".

21. 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."

22. In section 41(10) of that Act (control of contracts) after "This section does not apply" insert-

	"(a) in relation to a relevant institution which does not provide full-time education suitable to the requirements of pupils of compulsory school age, or
	(b) ".

23. - (1) Section 44 of that Act (collective worship) is amended as follows.

(2) For subsections (1) and (2) substitute-

	"(1) This section applies to any institution within the further education sector which is principally concerned with the provision of full-time education suitable to the requirements of persons over compulsory school age who have not attained the age of nineteen years.
	(2) An institution is of voluntary origin for the purposes of this section if-
	(a) immediately before it joined the further education sector it was a voluntary school (within the meaning of the Education Act 1996),
	(b) immediately before it joined the further education sector it was a foundation or voluntary school (within the meaning of the School Standards and Framework Act 1998) having a foundation established otherwise than under that Act,
	(c) it is designated for the purposes of this paragraph by order of the Secretary of State, or
	(d) it is formed by or for the purpose of merging two institutions both of which were within paragraphs (a) to (c).
	(2A) The governing body of an institution to which this section applies shall ensure that at an appropriate time on at least one day in each week during which the institution is open an act of collective worship is held at the institution which persons receiving education at the institution may attend."

(3) In subsection (3)(b) for "became a further education institution" substitute "joined the further education sector".

(4) In subsection (4) for "other further education institutions" substitute "other institutions to which this section applies".

(5) In subsection (5) for "a further education institution" substitute "an institution to which this section applies".

(6) Omit subsection (6).

(7) At the end of the section insert-

"(7) In the application of this section to an institution which is of voluntary origin by virtue of subsection (2)(d), subsection (3)(b) shall be taken as referring to the religious traditions and practices of the two institutions mentioned in subsection (2)(d)."

Prepared 7 June 2000