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Further Education and Training Bill [HL]


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

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(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

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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

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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

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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

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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

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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).

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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

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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—

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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

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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.

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(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.

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(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;

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(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;

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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.

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(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—

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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;

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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

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This Act may be cited as the Further Education and Training Act 2007.

 
 

 
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