Learning and Skills Bill [H.L.] - continued        House of Commons
SCHEDULE 9, AMENDMENTS - continued
Education Act 1996 (c.56) - continued

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     51. - (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 92 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 92(5) of the Learning and Skills Act 2000) and to courses leading to such qualifications."
     52. - (1) Section 490 of that Act (grants in respect of special provision for ethnic minorities) is amended as follows.
 
      (2) In subsection (1)(b) for "or a city college for the technology of the arts" substitute ", a city college for the technology of the arts or a city academy".
 
      (3) In subsection (2) for "or college" substitute ", college or academy".
 
     53. - (1) Section 509 of that Act (provision of transport etc) is amended as follows.
 
      (2) In subsection (1)-
 
 
    (a) after paragraph (b) insert "or";
 
    (b) omit paragraph (d) and the word "or" immediately preceding it.
      (3) After subsection (1) insert-
 
 
    "(1A) A local education authority shall make such arrangements for the provision of transport and otherwise as they consider necessary, or as the Secretary of State may direct, for the purpose of facilitating the attendance of persons receiving education or training at an institution outside both the further education and higher education sectors.
 
      (1B) Arrangements under subsection (1A) may be made in relation to a person only if the Learning and Skills Council for England or the National Council for Education and Training for Wales has secured for him-
 
 
    (a) the provision of education or training at the institution, and
 
    (b) the provision of boarding accommodation under section 13 or 41 of the Learning and Skills Act 2000."
      (4) In subsection (2) after "subsection (1)" insert "or (1A)".
 
      (5) In subsection (3)-
 
 
    (a) after "education" insert "or training";
 
    (b) in paragraph (b) after "subsection (1)" insert "or (1A)";
 
    (c) in the words following paragraph (b), for "that subsection" substitute "either of those subsections".
      (6) In subsection (4)-
 
 
    (a) after "subsection (1)" insert "or (1A)";
 
    (b) in paragraph (b) after "education" insert "or training".
      (7) In subsection (5)-
 
 
    (a) after "subsection (1)" insert "or (1A)";
 
    (b) in paragraph (c) for "education at institutions mentioned in subsection (1)(d)" substitute "education or training at institutions mentioned in subsection (1A)".
      (8) In subsection (6)(a) for "or (d)" substitute "or (1A)".
 
     54. In section 537 of that Act (power of the Secretary of State to require information from governing bodies etc) in subsection (7)(b) for "or city college for the technology of the arts" substitute ", city college for the technology of the arts or city academy".
 
     55. In section 541 of that Act (distribution of information about further education institutions) 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".
 
     56. In section 550B of that Act (detention outside school hours) in subsection (2)(c) for "or city college for the technology of the arts" substitute ", city college for the technology of the arts or city academy".
 
     57. In section 580 of that Act (index) in the table at the appropriate place insert-
 
 
 
"city academy
 
section 482(3)."
     58. In Schedule 1 to that Act (pupil referral units) in paragraph 8 for "county schools" substitute "community schools".
 
 
School Inspections Act 1996 (c.57)
     59. 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."
 
     60. 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."
 
     61. - (1) Section 10 of that Act (inspection of certain schools by registered inspectors) is amended as follows.
 
      (2) In subsection (3) after paragraph (g) insert-
 
 
    "(gg) city academies; and".
      (3) At the end of subsection (4B)(a) insert "or approved under Schedule 7 to the Learning and Skills Act 2000".
 
      (4) In subsection (4B)(e) for "or city college for the technology of the arts" substitute ", city college for the technology of the arts or city academy".
 
      (5) 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;".
     62. 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)
     63. In section 25 of the Education Act 1997 (other functions of the Qualifications and Curriculum Authority) after subsection (4) insert-
 
 
    "(5) The Authority may supply any person designated by the Secretary of State with such information as the Authority thinks fit about any matter in relation to which it has a function."
 
     64. In section 31 of that Act (other functions of the Qualifications, Curriculum and Assessment Authority for Wales) after subsection (4) insert-
 
 
    "(5) The Authority may supply any person designated by the National Assembly for Wales with such information as the Authority thinks fit about any matter in relation to which it has a function."
 
     65. In section 43 of that Act (provision of careers education in schools) in subsection (2)(d) for "and city colleges for the technology of the arts" substitute ", city colleges for the technology of the arts and city academies".
 
     66. In section 44(3)(a) of that Act (co-operation with careers advisers) for "the age of 18" there shall be substituted "the age of 16".
 
 
Audit Commission Act 1998 (c.18)
     67. - (1) Section 36 of the Audit Commission Act 1998 (studies at request of educational bodies) is amended as follows.
 
      (2) In subsection (1), in the Table, after the entry relating to the governing body of an institution receiving funding under Part I of the Education Act 1994 insert-
 
 
 
"The Learning and Skills Council for England.
 
The council.
 
The National Council for Education and Training for Wales.
 
The council."
      (3) In that Table, in the entry relating to the governing body of an institution within the further education sector, in the second column for "or the appropriate further education funding council" substitute ", the Learning and Skills Council for England or the National Council for Education and Training for Wales".
 
      (4) In subsection (2) omit "or a further education funding council".
 
 
Teaching and Higher Education Act 1998 (c.30)
     68. - (1) Section 26 of the Teaching and Higher Education Act 1998 (imposition of conditions as to fees at further or higher education institutions) is amended as follows.
 
      (2) Omit subsections (1) and (2).
 
      (3) In each of subsections (6), (7), (10)(a) and (11)(b) for "subsection (2) or (4)" substitute "subsection (4)".
 
      (4) In subsection (9)-
 
 
    (a) in the definition of "the relevant academic year" for "subsection (2) or (4)" substitute "subsection (4)", and
 
    (b) in the definition of "specified" for "subsection (1) or (3), as the case may be" substitute "subsection (3)".
      (5) In subsection (11) for "subsection (1) or (3)", in both places where the words occur, substitute "subsection (3)".
 
     69. In section 28(1) of that Act (interpretation) in the definition of "publicly-funded institution", in paragraph (a)-
 
 
    (a) omit "5 or",
 
    (b) omit the words from "from a further" to "its costs", and
 
    (c) after "1996" insert "or any institution receiving financial resources under section 5 or 34 of the Learning and Skills Act 2000".
     70. Section 34 of that Act (inspection of vocational training in Wales) shall cease to have effect.
 
     71. In section 35 of that Act (inspection of careers services in Wales), for subsection (6) substitute-
 
 
    "(6) Any inspection under this section shall be conducted by one or more of the following-
 
 
    (a) any of Her Majesty's Inspectors of Education and Training in Wales or Arolgwyr Ei Mawrhydi dros Addysg a Hyfforddiant yng Nghymru, or
 
    (b) any additional inspector authorised under paragraph 2 of Schedule 1 to the School Inspections Act 1996;
       but such an inspector or inspectors may be assisted by such other persons (whether or not members of the Chief Inspector's staff) as the Chief Inspector thinks fit.
 
      (6A) In conducting an inspection under this section, the inspector or inspectors shall act in accordance with any instruction or guidelines given from time to time by the National Assembly for Wales.
 
      (6B) Where an inspection under this section has been completed, the inspector or inspectors shall make a written report on the inspection and shall send the report to the National Assembly for Wales.
 
      (6C) The National Assembly for Wales may arrange for any report of an inspection under this section to be published in such manner as the National Assembly for Wales considers appropriate; and section 42A(2) to (4) of the School Inspections Act 1996 shall apply in relation to the publication of any such report by the National Assembly for Wales as they apply to the publication of a report by the Chief Inspector under any of the provisions mentioned in section 42A(2)."
 
 
School Standards and Framework Act 1998 (c.31)
     72. 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 81 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."
 
     73. 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);".
     74. In section 26 of that Act (school organisation plans), in subsection (2)-
 
 
    (a) in paragraph (a) for "primary and secondary education" substitute "primary education, and secondary education 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;";
 
    (c) in paragraph (b) for "such education" substitute "education of a kind referred to in paragraph (a) or (ab)".
     75. After section 26 of that Act insert-
 
 
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