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In section 25 of LSA 2000 (directions), in subsection (6), after “Directions” insert |
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“with respect to powers conferred or duties imposed on the Council by or |
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(1) | The Learning and Skills Council for England may make arrangements with a |
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person or body to whom this section applies for the provision by the Council |
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of services that are required by the person or body in connection with the |
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exercise of the person’s or body’s functions relating to education or training. |
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(2) | The services that may be provided under arrangements made under |
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(a) | providing accommodation and other facilities to a person or body to |
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whom this section applies or managing such facilities on behalf of such |
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(b) | procuring, or assisting in procuring, goods and services for use by a |
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person or body to whom this section applies. |
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(3) | The terms and conditions upon which the arrangements are made may include |
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provision for making payments to the Council in respect of expenditure |
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incurred by the Council in performing any function under the arrangements. |
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(4) | The persons and bodies to whom this section applies are— |
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(a) | the Secretary of State; |
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(c) | the Scottish Ministers; |
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(d) | Northern Ireland departments; |
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(e) | persons or bodies, wholly or partly funded from public funds, that |
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have functions relating to education or training; |
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(f) | persons or bodies specified, or of a description specified, by order made |
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by the appropriate national authority for the purposes of this section. |
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(5) | Before making arrangements under which it may provide services to a person |
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or body falling within any of paragraphs (b) to (f) of subsection (4) in |
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connection with the exercise of the person’s or body’s functions relating to |
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education or training provided in Wales, Scotland or Northern Ireland, the |
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Council must obtain the consent of the Secretary of State. |
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(6) | Before making arrangements under which it may provide services to a person |
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or body falling within paragraph (a), (e) or (f) of subsection (4) in connection |
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with the exercise of the person’s or body’s functions relating to education or |
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training provided in Wales, Scotland or Northern Ireland, the Council must |
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(a) | in relation to education or training provided in Wales, the consent of |
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(b) | in relation to education or training provided in Scotland, the consent of |
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(c) | in relation to education or training provided in Northern Ireland, the |
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consent of the Minister for Employment and Learning in Northern |
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(7) | Consent may be given under subsection (5) or (6) in relation to particular |
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arrangements or arrangements of a particular description. |
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(8) | “The appropriate national authority” means— |
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(a) | in relation to persons or bodies exercising functions relating only to |
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education or training provided in Wales, the Welsh Ministers; |
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(b) | in relation to persons or bodies exercising functions relating only to |
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education or training provided in Scotland, the Scottish Ministers; |
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(c) | in relation to persons or bodies exercising functions relating only to |
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education or training provided in Northern Ireland, the Department for |
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Employment and Learning in Northern Ireland; |
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(d) | in any other case, the Secretary of State. |
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12 | Assistance with respect to employment and training |
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(1) | The Learning and Skills Council for England may take part in arrangements |
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made by the Secretary of State, the Welsh Ministers or the Scottish Ministers |
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under section 2 of the Employment and Training Act 1973 (c. 50) |
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(arrangements for assisting persons to select, train for, obtain and retain |
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(2) | Before making arrangements in relation to Wales or Scotland in which the |
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Council is to take part, the Secretary of State must obtain the consent of the |
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Welsh Ministers or (as the case may be) the Scottish Ministers to the |
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(3) | Before making arrangements in which the Council is to take part, the Welsh |
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Ministers or (as the case may be) the Scottish Ministers must obtain the consent |
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of the Secretary of State to the arrangements. |
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13 | Assistance with respect to employment and training: Northern Ireland |
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(1) | The Learning and Skills Council for England may take part in any |
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arrangements made by the Department for Employment and Learning in |
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Northern Ireland under section 1 of the Employment and Training Act |
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(Northern Ireland) 1950 (c. 29 (N.I.)) (arrangements for assisting persons to |
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select, train for, obtain and retain employment). |
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(2) | Before making arrangements in which the Council is to take part, the |
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Department must obtain the consent of the Secretary of State to the |
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Further education institutions |
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Further education corporations |
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14 | Incorporation of further education institutions |
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(1) | Section 16 of FHEA 1992 (incorporation of further education institutions) is |
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amended as set out in subsections (2) to (4). |
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(2) | In subsection (1) for “The Secretary of State” substitute “The appropriate |
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(a) | for “The Secretary of State” substitute “The appropriate authority”, and |
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(b) | in paragraph (b), for “his” substitute “the appropriate authority’s”. |
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(4) | After subsection (5) insert— |
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“(6) | In this section “the appropriate authority” means— |
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(a) | in relation to an educational institution in England, the |
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Learning and Skills Council for England, and |
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(b) | in relation to an educational institution in Wales, the Welsh |
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(5) | In section 17(2) of FHEA 1992 (meaning of “operative date”)— |
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(a) | omit the word “and” at the end of paragraph (a), |
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(b) | at the end of that paragraph insert— |
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“(aa) | in the case of a further education corporation in England |
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established under section 16 of this Act, such date as the |
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Learning and Skills Council for England may by order |
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appoint in relation to that corporation, and”, and |
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(i) | after “further education corporation” insert “in Wales”, and |
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(ii) | for “the Secretary of State” substitute “the Welsh Ministers”. |
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15 | Dissolution of further education corporations |
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(1) | Section 27 of FHEA 1992 (orders dissolving further education corporations) is |
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(2) | In subsections (1), (2)(a) and (6), for “the Secretary of State” substitute “the |
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(3) | In subsection (3), omit paragraph (a) and the “or” following it. |
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(4) | After subsection (3) insert— |
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“(3A) | An order under this section made by the Learning and Skills Council |
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for England in respect of a further education corporation in England |
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may provide for the transfer to the council of property, rights and |
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liabilities of the corporation. |
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(3B) | The council must obtain the consent of the Secretary of State before |
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making provision of a kind mentioned in subsection (3A).” |
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(a) | for “the Secretary of State” substitute “the Welsh Ministers”, and |
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(b) | omit paragraph (b) and the “and” preceding it. |
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(7) | After subsection (8) insert— |
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“(9) | In this section “the appropriate authority” means— |
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(a) | in relation to a further education corporation in England, the |
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Learning and Skills Council for England, and |
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(b) | in relation to a further education corporation in Wales, the |
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16 | Publication of proposals |
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(1) | Section 51 of FHEA 1992 (publication of proposals for establishment or |
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dissolution of further education corporation) is amended as follows. |
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(2) | For subsections (1) and (2) substitute— |
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“(1) | The Learning and Skills Council for England may not make— |
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(a) | an order under section 16(1) or (3) establishing a body |
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(b) | an order under section 27 dissolving a further education |
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| unless it has satisfied the requirements in subsections (2) and (2A). |
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(2) | The first requirement is that the council publishes a proposal relating to |
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the order, giving such information as may be prescribed, by such time |
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and in such manner as may be prescribed. |
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(2A) | The second requirement is that the council considers any |
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representations about the proposal made to it within the prescribed |
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(3) | In subsection (3), for the words from the beginning to “he has” substitute “The |
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Welsh Ministers shall not make an order under section 16(1) or (3) unless they |
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(4) | In subsection (3A), for “A draft proposal or order” substitute “A proposal or a |
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17 | Power to award foundation degrees |
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(1) | Section 76 of FHEA 1992 (power to award degrees etc) is amended as follows. |
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(2) | In subsection (1) (power of Privy Council to specify institutions by order)— |
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(a) | the words from “specify any institution” to the end become paragraph |
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(b) | after that paragraph insert “; |
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(b) | specify any institution in England within the further |
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education sector as competent to grant in pursuance of |
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this section an award of the kind mentioned in |
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(3) | In subsection (2) (kinds of award) for “subsection (1)” substitute “subsection |
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(4) | After subsection (2) insert— |
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“(2A) | The kind of award referred to in subsection (1)(b) above is a foundation |
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degree granted to persons who complete an appropriate course of |
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study and satisfy an appropriate assessment.” |
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(5) | In subsection (3) (power to grant awards), after “subsection (2)(a) or (b)” insert |
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(6) | In subsection (4) (power to grant honorary degrees etc), after “such an order” |
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insert “as competent to grant in pursuance of this section either or both of the |
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kinds of award mentioned in subsection (2)(a) or (b) above”. |
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(7) | After subsection (4) insert— |
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“(4A) | An institution specified in such an order as competent to grant in |
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pursuance of this section the kind of award mentioned in subsection |
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(a) | grant honorary foundation degrees, and |
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(b) | grant foundation degrees to members of the academic and other |
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staff of the institution.” |
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(8) | In subsection (5) (powers comprised in the power to grant awards), for “Any” |
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substitute “Subject to subsection (5A) below, any”. |
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(9) | After subsection (5) insert— |
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“(5A) | An order under subsection (1) above specifying an institution as |
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competent to grant in pursuance of this section only the kind of award |
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mentioned in subsection (2A) above may provide that the institution’s |
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power to grant such awards does not include the power described in |
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subsection (5)(a) above.” |
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(10) | In subsection (6) (power of institution to determine appropriate course of study |
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etc) for “It” substitute “Subject to subsection (6A) below, it”. |
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(11) | After subsection (6) insert— |
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“(6A) | An order under subsection (1) above specifying an institution as |
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competent to grant in pursuance of this section only the kind of award |
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mentioned in subsection (2A) above may provide that the institution is |
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not to grant such an award to a person unless he was enrolled at the |
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institution at the time he completed the course of study for which the |
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Within the period of four years beginning with the commencement of section |
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17, the Secretary of State must lay before Parliament a report about the effect of |
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Other provisions relating to further education institutions |
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19 | Powers of a further education corporation to form or be involved in certain |
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(1) | Section 19 of FHEA 1992 (supplementary powers of a further education |
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corporation) is amended as set out in subsections (2) to (6). |
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(2) | In subsection (4), for paragraph (bb), substitute— |
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“(bb) | form, participate in forming or invest in a company, |
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(bc) | form, participate in forming or otherwise become a member of |
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a charitable incorporated organisation (within the meaning of |
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section 69A of the Charities Act 1993),”. |
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(3) | For subsection (4A) substitute— |
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“(4A) | The power conferred by subsection (4)(bb) above may not be exercised |
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(a) | conducting an educational institution, or |
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(b) | investing in a company conducting an educational institution. |
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(4AA) | The power conferred by subsection (4)(bc) above may not be exercised |
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(a) | conducting an educational institution, or |
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(b) | becoming a member of a charitable incorporated organisation |
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conducting an educational institution. |
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(4AB) | But a restriction on the exercise of a power imposed by subsection (4A) |
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or (4AA) above shall not apply to the extent that the appropriate |
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authority consents to the exercise of the power in a way which does not |
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comply with the restriction. |
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(4AC) | In subsection (4AB) above “the appropriate authority” means— |
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(a) | in relation to a further education corporation in England, the |
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Learning and Skills Council for England; |
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(b) | in relation to a further education corporation in Wales, the |
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(4) | In subsection (4B), for the words from the beginning to “be exercised” |
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substitute “Neither the power conferred by subsection (4)(bb) above nor the |
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power conferred by subsection (4)(bc) above may be exercised”. |
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(5) | In subsection (4C), after “subsection (4)(bb) above” insert “or the power |
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conferred by subsection (4)(bc) above”. |
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“(8) | A reference in this section to investing in a company includes a |
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reference to becoming a member of the company and to investing in it |
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by the acquisition of any assets, securities or rights or otherwise.” |
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(7) | In relation to the period beginning on 1st April 2001 and ending immediately |
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before the coming into force of this section, the power conferred by section |
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19(4)(bb) of FHEA 1992 is to be taken to have included power to form, |
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participate in forming or become a member of a company limited by guarantee. |
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20 | Consultation by governing bodies of further education institutions |
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After section 49 of FHEA 1992 insert— |
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(1) | In exercising their functions the governing body of an institution within |
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the further education sector must have regard to any guidance given |
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from time to time by the appropriate authority about consultation |
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(a) | persons who are or are likely to become students of the |
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| in connection with the taking of decisions affecting them. |
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|
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(2) | Any guidance under this section about consultation with persons |
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falling within paragraph (a) of subsection (1) must provide for the |
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views of such a person to be considered in the light of his age and |
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(3) | In this section “the appropriate authority” means— |
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(a) | in relation to an institution in England, the Secretary of State, |
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(b) | in relation to an institution in Wales, the Welsh Ministers.” |
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21 | Qualifications of principals of further education institutions |
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(1) | Section 137 of the Education Act 2002 (c. 32) (power of Secretary of State or |
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Welsh Ministers to make regulations requiring principals of further education |
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institutions to have specified qualifications) is amended as follows. |
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(2) | After subsection (2) insert— |
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“(2A) | Regulations under subsection (1) may limit the period of time during |
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which a person may serve as the principal of an institution in reliance |
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(3) | In subsection (3) (regulations made for England or Wales not to apply to |
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persons already appointed to institutions)— |
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(a) | for “under subsection (1)” substitute “made under subsection (1) by the |
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Welsh Ministers in relation to Wales”, and |
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(b) | after “an institution” insert “in England or Wales”. |
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Industrial training levies |
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22 | Conditions relating to levy proposals |
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(1) | Section 11 of the Industrial Training Act 1982 (c. 10) (levies imposed for |
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industrial training board expenses) is amended as follows. |
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(2) | In subsection (6) (conditions relating to certain levy proposals), for paragraph |
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“(a) | that the Secretary of State is satisfied that— |
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(i) | the board has taken reasonable steps to ascertain the |
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views of persons who the Secretary of State considers |
| |
are likely to be liable to make payments by way of levy |
| |
in consequence of the levy proposals, and |
| |
(ii) | a class of persons, who together satisfy the requirements |
| |
in subsection (6A) below, considers that the proposals |
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are necessary to encourage adequate training in the |
| |
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(3) | After subsection (6) insert— |
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“(6A) | The requirements referred to in subsection (6)(a) above are that— |
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(a) | the class must consist of more than half of those persons who |
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the Secretary of State considers are likely to be liable to make |
| |
payments by way of levy in consequence of the levy proposals; |
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