Further Education and Training Bill [HL]

House of Commons

Session 2006 - 07
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Other Bills before Parliament

Further Education and Training Bill [HL]

Further Education and Training Bill [HL]
Part 1 — The Learning and Skills Council for England
1

[NOTE: : The words marked in bold type were inserted by the Lords to avoid
questions of privilege.]
A
Bill
To
Make provision about the Learning and Skills Council for England; to make
provision about institutions within the further education sector; to make
provision with respect to industrial training levies; to make provision about
the formation of, and investment in, companies and charitable incorporated
organisations by higher education corporations; to enable the making of
Assembly Measures in relation to the field of education and training; and for
connected purposes.
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—
Part 1
The Learning and Skills Council for England
The Council
1
Minimum membership of the Council
In section 1(2) of LSA 2000 (number of persons to be appointed to the Learning
5
and Skills Council for England), for “12” substitute “10”.
2
Regional councils
After section 18 of LSA 2000 insert—
“Regional councils
18A
Regional councils
10
(1)
The Council must establish a committee (to be called a regional
learning and skills council) for each area of England specified by the
Secretary of State.

Bill 75 54/2

Further Education and Training Bill [HL]
Part 1 — The Learning and Skills Council for England
2

(2)
The Secretary of State may by regulations make provision about
regional councils.
(3)
Regulations under subsection (2) may, in particular, make provision
about—
(a)
the membership of a regional council;
5
(b)
the appointment of the members of a regional council;
(c)
the appointment of a member of a regional council as chairman;
(d)
the holding and vacation of office as a member or chairman of a
regional council (including a person’s re-appointment,
resignation and removal from office);
10
(e)
the appointment by the Council of its employees as staff of a
regional council;
(f)
the delegation of functions by a regional council to its chairman;
(g)
the delegation by the chairman of a regional council of functions
that he is authorised to exercise to a member of the regional
15
council;
(h)
the delegation of functions by a regional council, with the
consent of the Council, to a member of staff of the regional
council;
(i)
the payment by the Council of such salaries and such travelling,
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subsistence and other allowances to the chairman and other
members of a regional council as the Secretary of State may
determine;
(j)
the provision of information to the Secretary of State;
(k)
the attendance of a representative of the Secretary of State at,
25
and the participation of such a representative in, any meeting of
a regional council;
(l)
the validity of the proceedings of a regional council;
(m)
the regulation by a regional council of its own procedure.
(4)
Regulations made by virtue of subsection (3)(a) may provide for the
30
membership of a regional council to include persons who are not
members of the Council.
(5)
A consent given under subsection (3)(h) by the Council may relate to a
particular function or to such descriptions of function as may be
specified in the consent.
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18B
Functions of regional councils
(1)
A regional council—
(a)
must perform in relation to its area such of the Council’s duties
as the Council specifies;
(b)
may exercise in relation to its area such of the Council’s powers
40
as the Council specifies.
(2)
A regional council—
(a)
must perform in relation to such places outside its area as the
Council specifies such of the Council’s duties as the Council
specifies;
45
(b)
may exercise in relation to such places outside its area as the
Council specifies such of the Council’s powers as the Council
specifies.

Further Education and Training Bill [HL]
Part 1 — The Learning and Skills Council for England
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18C
Guidance to regional councils
(1)
In relation to each financial year of the Council it must prepare
guidance for each regional council.
(2)
The guidance must include objectives which a regional council should
achieve in seeking to carry out its functions.
5
(3)
The guidance must set a regional council’s budget for the financial
year.
(4)
The Council must consult the regional development agencies and local
authorities on the guidance.
(5)
After consulting under subsection (4) and (if appropriate) altering the
10
guidance the Council must issue the guidance to the regional council.
(6)
The guidance in relation to the financial year of the Council in which
section 2 of the Further Education and Training Act 2007 comes into
force must be prepared as soon as reasonably practicable after that
section comes into force.
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(7)
The guidance in relation to any subsequent financial year of the Council
must be prepared in time for the guidance to be issued before the
financial year starts.
(8)
A regional development agency is a development agency established
by section 1 of the Regional Development Agencies Act 1998.”
20
3
Abolition of local councils
(1)
The local learning and skills councils established under section 19 of LSA 2000
are abolished.
(2)
In consequence of the abolition of local councils, the following are repealed—
(a)
sections 19 to 24 of LSA 2000;
25
(b)
Schedule 2 to that Act.
4
Strategies for functions of Council
Before section 25 of LSA 2000, and after the italic cross-heading preceding that
section, insert—
“24A
Strategies for functions of Council
30
(1)
The Secretary of State may by order specify an area in England as an
area for which a body specified in the order may formulate and keep
under review a strategy setting out how such functions of the Council
as are specified in the order are to be carried out in relation to the area.
(2)
An order under subsection (1) may specify an area comprising the
35
whole of England.
(3)
An order under subsection (1) may not specify an area in England
consisting only of Greater London or a part of Greater London.
(4)
The Secretary of State may give to a body specified in an order under
subsection (1) directions and guidance in relation to the formulation
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and review of its strategy, in particular in relation to—

Further Education and Training Bill [HL]
Part 1 — The Learning and Skills Council for England
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(a)
the form and content of the strategy;
(b)
the updating of the strategy;
(c)
the steps to be taken when the body is formulating or reviewing
the strategy;
(d)
the matters to which the body is to have regard when
5
formulating or reviewing the strategy;
(e)
the consultation to be carried out when the body is formulating
or reviewing the strategy.
(5)
It is the duty of a body specified in an order under subsection (1) to
comply with any directions given to it by the Secretary of State under
10
subsection (4).
(6)
It is the duty of a body specified in an order under subsection (1) to
have regard to any guidance given to it by the Secretary of State under
subsection (4).
(7)
The Council may pay to a body specified in an order under subsection
15
(1) such sums as appear to the Council appropriate for enabling the
body to meet costs and expenses incurred, or to be incurred, by it in
formulating its strategy or keeping it under review.
24B
Strategy for functions of Council: Greater London
(1)
The Secretary of State must by regulations provide for the
20
establishment of a body for the purposes of discharging the functions
set out in subsection (2).
(2)
The body established under this section must—
(a)
formulate a strategy setting out how specified functions of the
Council are to be carried out in Greater London, and
25
(b)
keep it under review.
(3)
Specified functions are functions of the Council specified for the
purposes of this section by order of the Secretary of State.
(4)
The Secretary of State may give to the body established under this
section directions and guidance in relation to the formulation and
30
review of its strategy, in particular in relation to—
(a)
the form and content of the strategy;
(b)
the updating of the strategy;
(c)
the steps to be taken when the body is formulating or reviewing
the strategy;
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(d)
the matters to which the body is to have regard when
formulating or reviewing the strategy;
(e)
the consultation to be carried out when the body is formulating
or reviewing the strategy.
(5)
It is the duty of the body established under this section to comply with
40
any directions given to it by the Secretary of State under subsection (4).
(6)
It is the duty of the body established under this section to have regard
to any guidance given to it by the Secretary of State under subsection
(4).
(7)
Where the body established under this section formulates a strategy
45
under this section, or in consequence of a review of the strategy

Further Education and Training Bill [HL]
Part 1 — The Learning and Skills Council for England
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modifies it, the body must publish the strategy or modified strategy in
such manner as it thinks fit.
(8)
Regulations under this section must include—
(a)
provision for the body to consist of the Mayor of London and
such other persons as are appointed by the Mayor in accordance
5
with the regulations;
(b)
provision for the Mayor to be the chairman of the body.
(9)
The Council may pay to the body established under this section such
sums as appear to the Council appropriate for enabling the body to
meet costs and expenses incurred, or to be incurred, by it in formulating
10
its strategy or keeping it under review.
(10)
The Council may pay to the Greater London Authority such sums as
appear to the Council appropriate for enabling the Authority to meet
costs and expenses incurred, or to be incurred, by the Mayor in
connection with the exercise of functions conferred on him by
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regulations under this section or as chairman of the body established
under this section.
24C
Duty of Council
(1)
The Council must carry out any function to which a strategy under
section 24A or 24B relates in accordance with that strategy.
20
(2)
Subsection (1) is subject to the following provisions of this section.
(3)
The Council may not carry out a function in accordance with such a
strategy if in doing so it would fail to comply with a duty imposed on
it by or under any enactment other than subsection (1).
(4)
If provision in the Council’s strategy under section 16 conflicts with
25
provision in a strategy under section 24A (or section 24B), the Council
may disregard the provision in the strategy under section 24A (or
section 24B) so far as it conflicts with the provision in the Council’s
strategy under section 16.
(5)
If provision in a strategy under section 24A conflicts with provision in
30
another strategy, being a strategy under section 24A or section 24B, the
Council may disregard such conflicting provision in one of the
strategies or in both of them.
(6)
The Council may disregard a strategy under section 24A (or section
24B) if the body whose strategy it is, in formulating or reviewing the
35
strategy—
(a)
failed to comply with directions given under section 24A(4) (or
section 24B(4)), or
(b)
failed to have regard to guidance given under section 24A(4) (or
section 24B(4)).
40
(7)
Nothing in subsection (1) requires the Council to carry out any of its
functions in a manner that it is satisfied—
(a)
would be unreasonable, or
(b)
might give rise to disproportionate expenditure.

Further Education and Training Bill [HL]
Part 1 — The Learning and Skills Council for England
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(8)
If the Council proposes not to carry out, or does not carry out, a
function to which a strategy under section 24A or 24B relates in
accordance with the strategy—
(a)
the Council must refer the matter to the Secretary of State;
(b)
the body whose strategy it is may refer the matter to the
5
Secretary of State.
(9)
On a reference under subsection (8) the Secretary of State may give such
direction to the Council as he thinks fit as to the carrying out of the
function.
(10)
The Council must comply with any direction that the Secretary of State
10
may give it under subsection (9).”
5
Young people’s learning committee and adult learning committee
In Schedule 3 to LSA 2000 (provision for committees of the Council), paragraph
1(1)(a) (duty to establish a young people’s learning committee and an adult
learning committee) shall cease to have effect.
15
Functions of the Council
6
Duty in relation to diversity and choice
(1)
In section 2 of LSA 2000 (education and training for persons aged 16 to 19), in
subsection (3), after paragraph (d) insert—
“(da)
act with a view to encouraging diversity in the education and
20
training available to individuals;
(db)
act with a view to increasing opportunities for individuals to
exercise choice;”.
(2)
In section 3 of that Act (education and training for persons over 19), in
subsection (3), after paragraph (d) insert—
25
“(da)
act with a view to encouraging diversity in the education and
training available to individuals;
(db)
act with a view to increasing opportunities for individuals to
exercise choice;”.
7
Consultation by the Council
30
After section 14 of LSA 2000 insert—
“14A
Consultation
(1)
In exercising its functions the Council must have regard to any
guidance given from time to time by the Secretary of State about
consultation with—
35
(a)
persons receiving or proposing to receive post-16 education or
training,
(b)
employers, or
(c)
such other persons as may be specified in such guidance,

in connection with the taking of decisions affecting them.
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Further Education and Training Bill [HL]
Part 1 — The Learning and Skills Council for England
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(2)
Any guidance under this section about consultation with persons
falling within paragraph (a) of subsection (1) must provide for the
views of such a person to be considered in the light of his age and
understanding.”
8
Plans for academic years
5
(1)
Section 15 of LSA 2000 (plans of the Council) is amended as follows.
(2)
In subsection (1)(a), for “each of its financial years” substitute “each academic
year”.
(3)
Omit subsection (2).
(4)
In subsection (3), for “any subsequent financial year of the Council” substitute
10
“an academic year”.
(5)
In subsection (4)—
(a)
for “a financial year” substitute “an academic year”, and
(b)
in paragraph (a), for “the financial year” substitute “the academic year”.
(6)
After subsection (4) insert—
15
“(5)
In this section “academic year” means—
(a)
the period starting with the 1 April following the date on which
section 8 of the Further Education and Training Act 2007 comes
into force and ending with the second 31 July following that 1
April;
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(b)
each successive period of 12 months.”
9
Powers to form or be involved in certain bodies corporate
(1)
Section 18 of LSA 2000 (supplementary functions of the Council) is amended
as set out in subsections (2) and (3).
(2)
In subsection (3), for paragraph (c), substitute—
25
“(c)
to form, participate in forming or invest in a company unless the
Secretary of State consents;
(d)
to form, participate in forming or otherwise become a member
of a charitable incorporated organisation (within the meaning
of section 69A of the Charities Act 1993) unless the Secretary of
30
State consents.”
(3)
At the end, insert—
“(8)
The reference in this section to investing in a company includes a
reference to becoming a member of the company and to investing in it
by the acquisition of any assets, securities or rights or otherwise.”
35
(4)
In relation to the period beginning on 1st September 2000 and ending
immediately before the coming into force of this section, the power conferred
by section 18 of LSA 2000 is to be taken to have included power to form,
participate in forming or become a member of a company limited by guarantee
with the consent of the Secretary of State.
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