Learning and Skills Bill [H.L.]

Learning and Skills Bill [H.L.] - continued	House of Commons
SCHEDULE 9, AMENDMENTS - continued
Further and Higher Education Act 1992 (c.13) - continued

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24. - (1) Section 45 of that Act (religious education) shall be amended as follows.

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

	"(1) This section applies to any institution to which section 44 of this Act applies.
	(2) An institution is of voluntary origin for the purposes of this section if it is of voluntary origin for the purposes of section 44 of this Act.
	(2A) The governing body of an institution to which this section applies shall ensure that religious education is provided at the institution for all persons attending the institution who wish to receive it."

(3) In subsection (3) for "a further education institution" substitute "an institution to which this section applies".

(4) In subsection (5)-

(a) for "each further education institution" substitute "institution to which this section applies",

(b) in paragraph (a)(ii) for "became a further education institution" substitute "joined the further education sector", and

(5) Omit subsection (6).

(6) At the end of the section insert-

"(7) In the application of this section to an institution which is an institution of voluntary origin by virtue of section 44(2)(d), subsection (5)(a)(ii) shall be taken as referring to the religious traditions and practices of the two institutions mentioned in section 44(2)(d)."

25. 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".

26. In section 54 of that Act (duty to give information) in subsection (1)(b) for "or city college for the technology of the arts" substitute ", city college for the technology of the arts or city academy".

27. In section 55 of that Act (inspections etc of local authority institutions other than schools), subsections (1) to (3) and paragraphs (a) and (b) of subsection (7) shall cease to have effect.

28. Section 56 of that Act (directions) shall cease to have effect.

29. 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 any Act;
	(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 any Act;
	(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."

30. 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".

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

32. 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."

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

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

35. In section 89(2) of that Act (orders and regulations)-

(a) after "29(6) and (8)," insert "30(2)(b),", and

(b) after "38," insert "44(2)(c),".

36. 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."

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

38. 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)."

39. - (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).

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

Welsh Language Act 1993 (c.38)

41. In section 6(1) of the Welsh Language Act 1993 (meaning of "public body") for paragraph (j) substitute-

"(j) the National Council for Education and Training for Wales;".

Value Added Tax Act 1994 (c.23)

42. - (1) In Schedule 9 to the Value Added Tax Act 1994 (exemptions) Group 6 (education) is amended as follows.

(2) In item 3 (provision of examination services) in paragraph (b)(i) for "or 5" substitute ", 5 or 5A".

(3) After item 5 insert-

" 5A. The provision of education or vocational training and the supply, by the person providing that education or training, of any goods or services essential to that provision, to the extent that the consideration payable is ultimately a charge to funds provided by the Learning and Skills Council for England or the National Council for Education and Training for Wales under Part I or Part II of the Learning and Skills Act 2000."

(4) After Note (5) insert-

	"(5A) For the purposes of item 5A a supply of any goods or services shall not be taken to be essential to the provision of education or vocational training unless-
	(a) in the case of the provision of education, the goods or services are provided directly to the person receiving the education;
	(b) in the case of the provision of vocational training, the goods or services are provided directly to the person receiving the training."

Education Act 1994 (c.30)

43. In section 9(2) of the Education Act 1994 (joint exercise of functions) for "a further education funding council" substitute "the Learning and Skills Council for England, the National Council for Education and Training for Wales".

Disability Discrimination Act 1995 (c.50)

44. In section 19 of the Disability Discrimination Act 1995 (discrimination in relation to goods, facilities and services) in subsection (5), after paragraph (a) insert-

	"(aa) education which is provided by an institution within the further education sector (within the meaning given by section 91(3) of the Further and Higher Education Act 1992);
	(ab) education which is provided by such establishments as may be specified by the Secretary of State by order;.
	Employment Rights Act 1996 (c.18)"

45. 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)

46. In section 1 of the Education Act 1996 (the stages of education) in subsection (3) for the words from "confers functions" to the end substitute "makes provision with respect to further education."

47. - (1) Section 13 of that Act (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".

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

49. - (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."

50. 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."

Prepared 7 June 2000