|
| |
|
(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.” |
| |
| 10 |
Miscellaneous and general |
| |
26 | Powers of a higher education corporation to form or be involved in certain |
| |
| |
(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 |
| |
(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;”. |
| |
| |
“(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— |
| |
| |
| Provision for and in connection with securing the provision |
| |
of facilities for post-16 education or training. |
| |
| 40 |
| Provision for and in connection with the establishment and |
| |
| |
|
| |
|
| |
|
(a) | institutions concerned with the provision of further |
| |
| |
(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. |
| |
| |
(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 |
| |
| |
(d) | the governance and staff of such institutions. |
| |
| 15 |
| Provision for and in connection with securing |
| |
| |
(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 |
| |
| |
| 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. |
| |
| |
| The provision of financial resources for and in connection |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(d) | services of the kinds mentioned in matter 5.8. |
| |
| 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— |
| |
| 50 |
|
| |
|
| |
|
“post-16 education” means— |
| |
(a) | education (other than higher education) suitable to the |
| |
requirements of persons who are above compulsory |
| |
| |
(b) | organised leisure-time occupation connected with such |
| 5 |
| |
“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 |
| |
| 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 |
| |
| 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 |
| |
| |
(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 |
| |
| |
(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. |
| |
| |
Schedule 1 (which contains miscellaneous and consequential amendments) has |
| |
| 45 |
|
| |
|
| |
|
| |
The enactments specified in Schedule 2 are repealed to the extent specified. |
| |
| |
| |
“FHEA 1992” means the Further and Higher Education Act 1992 (c. 13); |
| 5 |
“LSA 2000” means the Learning and Skills Act 2000 (c. 21). |
| |
| |
(1) | The following provisions come into force on the day on which this Act is |
| |
| |
| 10 |
| |
| |
(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 |
| |
(4) | Sections 22 and 23 come into force in accordance with provision made by order |
| |
| |
(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. |
| |
| |
(1) | Subject to subsections (2) to (4), this Act extends to England and Wales only. |
| |
(2) | The following provisions extend also to Scotland— |
| 25 |
| |
| |
sections 28, 31 and 32, this section and section 34. |
| |
(3) | The following provisions extend also to Northern Ireland— |
| |
| 30 |
| |
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. |
| |
| 35 |
This Act may be cited as the Further Education and Training Act 2007. |
| |
|
| |
|