Further Education and Training Bill [HL]

House of Commons

Session 2006 - 07
Internet Publications
Other Bills before Parliament

Further Education and Training Bill [HL]

Further Education and Training Bill [HL]
Part 4 — Miscellaneous and general
21

(a)
after the making of a levy order (“the earlier levy order”) that
gives effect to earlier proposals submitted by the board, and
(b)
within three years or, where the earlier levy order provides for
a single levy period in accordance with section 11(2C) or (2D)
above, within one year after the making of the earlier levy order.
5
(1B)
The proposals for the new levy order must include proposals for
securing that no liability to levy is imposed under the earlier levy order
by reference to such part of a levy period provided for in the earlier levy
order as falls on or after the day on which the new levy order is made.”
Part 4
10
Miscellaneous and general
26
Powers of a higher education corporation to form or be involved in certain
bodies corporate
(1)
In the Education Reform Act 1988 (c. 40) (“the 1988 Act”), section 124 (powers
of a higher education corporation) is amended as set out in subsections (2) and
15
(3).
(2)
In subsection (2), for paragraph (f), substitute—
“(f)
to form, participate in forming or invest in a company for the
purpose of carrying on any such activities;
(fa)
to form, participate in forming or otherwise become a member
20
of a charitable incorporated organisation (within the meaning
of section 69A of the Charities Act 1993) for the purpose of
carrying on any such activities;”.
(3)
At the end, insert—
“(7)
The reference in this section to investing in a company includes a
25
reference to becoming a member of the company and to investing in it
by the acquisition of any assets, securities or rights or otherwise.”
(4)
In relation to the period beginning on 1st April 2001 and ending immediately
before the coming into force of this section, the power conferred by section
124(2)(f) of the 1988 Act is to be taken to have included power to form,
30
participate in forming or become a member of a company limited by guarantee
for the purpose mentioned in section 124(2)(f).
27
Powers of National Assembly for Wales
(1)
Part 1 of Schedule 5 to the Government of Wales Act 2006 (c. 32) (Assembly
Measures) is amended as follows.
35
(2)
In field 5 (education and training), after matter 5.10 insert—

“Matter 5.11

Provision for and in connection with securing the provision
of facilities for post-16 education or training.

Matter 5.12
40

Provision for and in connection with the establishment and
dissolution of—

Further Education and Training Bill [HL]
Part 4 — Miscellaneous and general
22

(a)
institutions concerned with the provision of further
education, and
(b)
bodies that conduct such institutions,

including the circumstances in which an educational
institution becomes or ceases to be an institution concerned
5
with the provision of further education.

Provision about—
(a)
the conduct and functions of such institutions and
bodies that conduct such institutions;
(b)
the property, rights and liabilities of such institutions
10
and bodies that conduct such institutions;
(c)
property held by any person for the purposes of such
an institution;
(d)
the governance and staff of such institutions.

Matter 5.13
15

Provision for and in connection with securing
collaboration—
(a)
between bodies that conduct institutions concerned
with the provision of further education, or
(b)
between one or more such bodies and other persons
20
or bodies that have functions relating to education or
training in Wales,

including, in particular, provision for and in connection with
the establishment of bodies for the purpose of discharging
functions on behalf of one or more persons or bodies that are
25
party to arrangements for collaboration.

Matter 5.14

The provision of financial resources for and in connection
with—
(a)
education or training provided by institutions
30
concerned with the provision of further education;
(b)
post-16 education or training provided otherwise
than by such institutions;
(c)
the carrying out of research relating to education or
training falling within paragraph (a) or (b).
35

Matter 5.15

The inspection of—
(a)
education or training provided by institutions
concerned with the provision of further education;
(b)
post-16 education or training provided otherwise
40
than by such institutions;
(c)
the training of teachers and specialist teaching
assistants for schools;
(d)
services of the kinds mentioned in matter 5.8.

Matter 5.16
45

The provision of advice and information in connection with,
and the carrying out of studies in relation to, any of the kinds
of education, training or services mentioned in matter 5.15.”
(3)
In that field, immediately after the heading “Interpretation of this field”, insert—

“In this field—
50

Further Education and Training Bill [HL]
Part 4 — Miscellaneous and general
23

“post-16 education” means—
(a)
education (other than higher education) suitable to the
requirements of persons who are above compulsory
school age, and
(b)
organised leisure-time occupation connected with such
5
education;
“post-16 training” means—
(a)
training suitable to the requirements of persons who are
above compulsory school age, and
(b)
organised leisure-time occupation connected with such
10
training.

References in this field to an institution concerned with the provision
of further education are references to an educational institution,
other than a school or an institution within the higher education
sector (within the meaning of the Further and Higher Education Act
15
1992), that is conducted (whether or not exclusively) for the purpose
of providing further education.”
28
Orders and regulations
(1)
Any power to make an order or regulations under this Act is exercisable by
statutory instrument.
20
(2)
A statutory instrument containing an order or regulations made by the
Secretary of State under any provision of this Act other than section 32 is
subject to annulment in pursuance of a resolution of either House of
Parliament.
(3)
A statutory instrument is subject to annulment in pursuance of a resolution of
25
the National Assembly for Wales if the instrument contains an order made by
the Welsh Ministers under section 11.
(4)
A statutory instrument is subject to annulment in pursuance of a resolution of
the Scottish Parliament if the instrument contains an order made by the
Scottish Ministers under section 11.
30
(5)
The power of the Department for Employment and Learning in Northern
Ireland to make an order under section 11 shall be exercisable by statutory rule
for the purposes of the Statutory Rules (Northern Ireland) Order 1979
(S.I. 1979/1573 (N.I. 12)); and any such order shall be subject to negative
resolution within the meaning of section 41(6) of the Interpretation Act
35
(Northern Ireland) 1954 (c. 33 (N.I.)) as if it were a statutory instrument within
the meaning of that Act.
(6)
Any power to make an order or regulations under this Act includes power—
(a)
to make different provision for different cases or areas;
(b)
to make provision generally or in relation to specific cases;
40
(c)
to make such incidental, supplementary, transitional or saving
provision as the person making the order or regulations thinks fit.
29
Amendments
Schedule 1 (which contains miscellaneous and consequential amendments) has
effect.
45

Further Education and Training Bill [HL]
Part 4 — Miscellaneous and general
24

30
Repeals
The enactments specified in Schedule 2 are repealed to the extent specified.
31
Interpretation
In this Act—
“FHEA 1992” means the Further and Higher Education Act 1992 (c. 13);
5
“LSA 2000” means the Learning and Skills Act 2000 (c. 21).
32
Commencement
(1)
The following provisions come into force on the day on which this Act is
passed—
sections 9, 21, 26, 28 and 31;
10
this section;
sections 33 and 34.
(2)
Section 27 comes into force at the end of the period of two months beginning
with the day on which this Act is passed.
(3)
Section 18 comes into force in accordance with provision made by the Welsh
15
Ministers by order.
(4)
Sections 22 and 23 come into force in accordance with provision made by order
by—
(a)
the Welsh Ministers, in relation to Wales;
(b)
the Secretary of State, in relation to England.
20
(5)
The remaining provisions of this Act come into force in accordance with
provision made by the Secretary of State by order.
33
Extent
(1)
Subject to subsections (2) to (4), this Act extends to England and Wales only.
(2)
The following provisions extend also to Scotland—
25
section 11;
section 12;
sections 28, 31 and 32, this section and section 34.
(3)
The following provisions extend also to Northern Ireland—
section 11;
30
section 13;
sections 28, 31 and 32, this section and section 34.
(4)
Any amendment or repeal made by this Act has the same extent as the
enactment amended or repealed.
34
Short title
35
This Act may be cited as the Further Education and Training Act 2007.