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 4 — Miscellaneous and general
20

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Commencement
(1)
The following provisions come into force on the day on which this Act is
passed—
sections 9, 19, 24, 26 and 29;
this section;
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sections 31 and 32.
(2)
Section 25 comes into force at the end of the period of two months beginning
with the day on which this Act is passed.
(3)
Sections 20 and 21 come into force in accordance with provision made by order
by—
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(a)
the Welsh Ministers, in relation to Wales;
(b)
the Secretary of State, in relation to England.
(4)
The remaining provisions of this Act come into force in accordance with
provision made by the Secretary of State by order.
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Extent
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(1)
Subject to subsections (2) to (4), this Act extends to England and Wales only.
(2)
The following provisions extend also to Scotland—
section 11;
section 12;
sections 26, 29 and 30, this section and section 32.
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(3)
The following provisions extend also to Northern Ireland—
section 11;
section 13;
sections 26, 29 and 30, this section and section 32.
(4)
Any amendment or repeal made by this Act has the same extent as the
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enactment amended or repealed.
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Short title
(1)
This Act may be cited as the Further Education and Training Act 2007.
(2)
Nothing in this Act shall impose any charge on the people or on public
funds, or vary the amount or incidence of or otherwise alter any such charge
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in any manner, or affect the assessment, levying, administration or
application of any money raised by any such charge.

Further Education and Training Bill [HL]
Schedule 1 — Amendments
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Schedules
Schedule 1
Section 27

Amendments
Industrial Training Act 1982 (c. 10)
1
The Industrial Training Act 1982 is amended as follows.
5
2
In section 1(2) (definitions)—
(a)
before the definition of “employee” insert—
““base period” has the meaning assigned to it by section
11(2E) below;”;
(b)
omit the word “and” at the end of the definition of “levy order”;
10
(c)
after that definition, insert—
““levy period” has the meaning assigned to it by section
11(2A) below; and”.
3     (1)
Section 11 (levies imposed for industrial training board expenses) is
amended as follows.
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      (2)
In subsection (3)—
(a)
after “must include” insert “, in relation to each levy period,”;
(b)
after “the levy” insert “payable in respect of that levy period”;
(c)
after “they provide” insert “, in relation to each levy period,”.
      (3)
In subsection (4)—
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(a)
after “may include” insert “, in relation to any levy period,”;
(b)
in paragraph (a), after “portion of the levy” insert “payable in respect
of that levy period”;
(c)
for “the proposals published by the board” substitute “proposals
published by the board”.
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      (4)
In subsection (5)—
(a)
in paragraph (a)—
(i)
after “the levy” insert “payable in respect of a levy period”,
and
(ii)
after “the relevant emoluments” insert “in respect of the base
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period for that levy period”;
(b)
in paragraph (b)—
(i)
after “any person” insert “in respect of a levy period”, and
(ii)
after “the relevant emoluments” insert “in respect of the base
period for that levy period”.
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      (5)
In subsection (7)—

Further Education and Training Bill [HL]
Schedule 1 — Amendments
22

(a)
after “unless the amount” insert “of levy payable in respect of each
levy period”;
(b)
in paragraph (a), after “the relevant emoluments” insert “in respect
of the base period for that levy period”.
4
In section 12 (supplementary provision), in paragraph (a) of subsection (3),
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for “a period specified in the order” substitute “a levy period”.
5     (1)
In section 13 (proposals for exemption certificates), subsection (2) is
amended as follows.
      (2)
In paragraph (b)—
(a)
after “the levy payable” insert “in respect of each levy period”;
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(b)
for the words after “the relevant emoluments” substitute “in respect
of the base period for that levy period”.
      (3)
In paragraph (c), after “the levy” insert “payable by virtue of the resulting
levy order”.
      (4)
At the end, insert—
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“In this subsection “the relevant emoluments” has the
meaning given by section 11(8) above.”
Further and Higher Education Act 1992 (c. 13)
6
FHEA 1992 is amended as follows.
7
In section 19 (supplementary powers of a further education corporation), in
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subsection (4C), for “the Council” substitute “the council”.
8
In section 27 (dissolution of further education corporations), in subsection
(5), for “the Charities Act 1960” substitute “the Charities Act 1993”.
9
In section 83 (efficiency studies), in subsection (2), for “a, the” substitute
“the”.
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10
In section 89 (orders, regulations and directions), in subsection (4), for “the
Secretary of State” substitute “the person making the order or regulations”.
Learning and Skills Act 2000 (c. 21)
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LSA 2000 is amended as follows.
12
In section 1(5) (functions of the Learning and Skills Council for England to
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be carried out in relation to England), at the beginning insert “Except as
provided in section 11, 12 or 13 of the Further Education and Training Act
2007,”.
13
In section 3D (duties of the Council in relation to core and additional
entitlement), in subsection (6) (meaning of “local learning and skills area”),
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for the words from “an area” to the end substitute “an area specified by the
Secretary of State by order for the purposes of this section.”
14
In section 152 (orders and regulations), after subsection (2) insert—
“(2A)
Subsection (2) does not apply to a statutory instrument that contains
regulations to which subsection (2B) applies.
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Further Education and Training Bill [HL] Schedule 2 — Repeals
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(2B)
The first regulations under section 18A(2) may not be made unless a
draft of the regulations has been laid before and approved by a
resolution of each House of Parliament.”
15    (1)
Schedule 3 (committees of the Council) is amended as follows.
      (2)
In paragraph 1(3) (exception for local councils), for “local learning and skills
5
councils” substitute “regional learning and skills councils”.
      (3)
In paragraph 4 (functions and members), in the heading to that paragraph,
for “Other committees” substitute “Functions and members of committees”.
      (4)
In paragraph 5 (tenure of members of committees), in sub-paragraph (4), for
“any other committee” substitute “a committee”.
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Schedule 2
Section 28

Repeals

Short title and chapter
Extent of repeal

Industrial Training Act 1982
In section 1(2), the “and” at the end of the

(c. 10)
definition of “levy order”.

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In section 11(8), the definition of “the relevant

organisations” and the “and” preceding that

definition.

Further and Higher Education
In section 17(2), the “and” following paragraph

Act 1992 (c. 13)
(a).

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In section 27—

(a)
in subsection (3), paragraph (a) and the

“or” following that paragraph;

(b)
in subsection (7), paragraph (b) and the

“and” preceding that paragraph;

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(c)
subsection (8).

Learning and Skills Act 2000
Section 15(2).

(c. 21)
Sections 19 to 24.

Schedule 2.

In Schedule 3—

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(a)
in paragraph 1(1), paragraph (a) and, in

paragraph (b), the word “other”;

(b)
paragraphs 2 and 3;

(c)
in paragraph 4(1), the words from “other

than” to the end;

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(d)
paragraph 5(3).

Education Act 2002 (c. 32)
Section 209.

Children Act 2004 (c. 31)
In section 18(3)(c), the words “or section 23 of

the Learning and Skills Act 2000 (c. 21)”.