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Other Bills before Parliament

Further Education and Training Bill [HL]


Further Education and Training Bill [HL]
Part 1 — The Learning and Skills Council for England

7

 

7       

Consultation by the Council

After section 14 of LSA 2000 insert—

“14A    

Consultation

(1)   

In exercising its functions the Council must have regard to any

guidance given from time to time by the Secretary of State about

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consultation with—

(a)   

persons receiving or proposing to receive post-16 education or

training,

(b)   

employers, or

(c)   

such other persons as may be specified in such guidance,

10

   

in connection with the taking of decisions affecting them.

(2)   

Any guidance under this section about consultation with persons

falling within paragraph (a) of subsection (1) must provide for the

views of such a person to be considered in the light of his age and

understanding.”

15

8       

Plans for academic years

(1)   

Section 15 of LSA 2000 (plans of the Council) is amended as follows.

(2)   

In subsection (1)(a), for “each of its financial years” substitute “each academic

year”.

(3)   

Omit subsection (2).

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(4)   

In subsection (3), for “any subsequent financial year of the Council” substitute

“an academic year”.

(5)   

In subsection (4)—

(a)   

for “a financial year” substitute “an academic year”, and

(b)   

in paragraph (a), for “the financial year” substitute “the academic year”.

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(6)   

After subsection (4) insert—

“(5)   

In this section “academic year” means—

(a)   

the period starting with the 1 April following the date on which

section 8 of the Further Education and Training Act 2007 comes

into force and ending with the second 31 July following that 1

30

April;

(b)   

each successive period of 12 months.”

9       

Powers to form or be involved in certain bodies corporate

(1)   

Section 18 of LSA 2000 (supplementary functions of the Council) is amended

as set out in subsections (2) and (3).

35

(2)   

In subsection (3), for paragraph (c), substitute—

“(c)   

to form, participate in forming or invest in a company unless the

Secretary of State consents;

(d)   

to form, participate in forming or otherwise become a member

of a charitable incorporated organisation (within the meaning

40

of section 69A of the Charities Act 1993) unless the Secretary of

State consents.”

 
 

Further Education and Training Bill [HL]
Part 1 — The Learning and Skills Council for England

8

 

(3)   

At the end, insert—

“(8)   

The reference in this section to investing in a company includes a

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 September 2000 and ending

5

immediately before the coming into force of this section, the power conferred

by section 18 of LSA 2000 is to be taken to have included power to form,

participate in forming or become a member of a company limited by guarantee

with the consent of the Secretary of State.

10      

Directions

10

In section 25 of LSA 2000 (directions), in subsection (6), after “Directions” insert

“with respect to powers conferred or duties imposed on the Council by or

under this Act”.

11      

Provision of services

(1)   

The Learning and Skills Council for England may make arrangements with a

15

person or body to whom this section applies for the provision by the Council

of services that are required by the person or body in connection with the

exercise of the person’s or body’s functions relating to education or training.

(2)   

The services that may be provided under arrangements made under

subsection (1) include—

20

(a)   

providing accommodation and other facilities to a person or body to

whom this section applies or managing such facilities on behalf of such

a person or body;

(b)   

procuring, or assisting in procuring, goods and services for use by a

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

provision for making payments to the Council in respect of expenditure

incurred by the Council in performing any function under the arrangements.

(4)   

The persons and bodies to whom this section applies are—

(a)   

the Secretary of State;

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(b)   

the Welsh Ministers;

(c)   

the Scottish Ministers;

(d)   

Northern Ireland departments;

(e)   

persons or bodies, wholly or partly funded from public funds, that

have functions relating to education or training;

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(f)   

persons or bodies specified, or of a description specified, by order made

by the appropriate national authority for the purposes of this section.

(5)   

Before making arrangements under which it may provide services to a person

or body falling within any of paragraphs (b) to (f) of subsection (4) in

connection with the exercise of the person’s or body’s functions relating to

40

education or training provided in Wales, Scotland or Northern Ireland, the

Council must obtain the consent of the Secretary of State.

(6)   

Before making arrangements under which it may provide services to a person

or body falling within paragraph (a), (e) or (f) of subsection (4) in connection

with the exercise of the person’s or body’s functions relating to education or

45

 
 

Further Education and Training Bill [HL]
Part 1 — The Learning and Skills Council for England

9

 

training provided in Wales, Scotland or Northern Ireland, the Council must

obtain—

(a)   

in relation to education or training provided in Wales, the consent of

the Welsh Ministers;

(b)   

in relation to education or training provided in Scotland, the consent of

5

the Scottish Ministers;

(c)   

in relation to education or training provided in Northern Ireland, the

consent of the Minister for Employment and Learning in Northern

Ireland.

(7)   

Consent may be given under subsection (5) or (6) in relation to particular

10

arrangements or arrangements of a particular description.

(8)   

“The appropriate national authority” means—

(a)   

in relation to persons or bodies exercising functions relating only to

education or training provided in Wales, the Welsh Ministers;

(b)   

in relation to persons or bodies exercising functions relating only to

15

education or training provided in Scotland, the Scottish Ministers;

(c)   

in relation to persons or bodies exercising functions relating only to

education or training provided in Northern Ireland, the Department for

Employment and Learning in Northern Ireland;

(d)   

in any other case, the Secretary of State.

20

12      

Assistance with respect to employment and training

(1)   

The Learning and Skills Council for England may take part in arrangements

made by the Secretary of State, the Welsh Ministers or the Scottish Ministers

under section 2 of the Employment and Training Act 1973 (c. 50)

(arrangements for assisting persons to select, train for, obtain and retain

25

employment).

(2)   

Before making arrangements in relation to Wales or Scotland in which the

Council is to take part, the Secretary of State must obtain the consent of the

Welsh Ministers or (as the case may be) the Scottish Ministers to the

arrangements.

30

(3)   

Before making arrangements in which the Council is to take part, the Welsh

Ministers or (as the case may be) the Scottish Ministers must obtain the consent

of the Secretary of State to the arrangements.

13      

Assistance with respect to employment and training: Northern Ireland

(1)   

The Learning and Skills Council for England may take part in any

35

arrangements made by the Department for Employment and Learning in

Northern Ireland under section 1 of the Employment and Training Act

(Northern Ireland) 1950 (c. 29 (N.I.)) (arrangements for assisting persons to

select, train for, obtain and retain employment).

(2)   

Before making arrangements in which the Council is to take part, the

40

Department must obtain the consent of the Secretary of State to the

arrangements.

 
 

Further Education and Training Bill [HL]
Part 2 — Further education institutions

10

 

Part 2

Further education institutions

Further education corporations

14      

Incorporation of further education institutions

(1)   

Section 16 of FHEA 1992 (incorporation of further education institutions) is

5

amended as set out in subsections (2) to (4).

(2)   

In subsection (1) for “The Secretary of State” substitute “The appropriate

authority”.

(3)   

In subsection (3)—

(a)   

for “The Secretary of State” substitute “The appropriate authority”, and

10

(b)   

in paragraph (b), for “his” substitute “the appropriate authority’s”.

(4)   

After subsection (5) insert—

“(6)   

In this section “the appropriate authority” means—

(a)   

in relation to an educational institution in England, the

Learning and Skills Council for England, and

15

(b)   

in relation to an educational institution in Wales, the Welsh

Ministers.”

(5)   

In section 17(2) of FHEA 1992 (meaning of “operative date”)—

(a)   

omit the word “and” at the end of paragraph (a),

(b)   

at the end of that paragraph insert—

20

“(aa)   

in the case of a further education corporation in England

established under section 16 of this Act, such date as the

Learning and Skills Council for England may by order

appoint in relation to that corporation, and”, and

(c)   

in paragraph (b)—

25

(i)   

after “further education corporation” insert “in Wales”, and

(ii)   

for “the Secretary of State” substitute “the Welsh Ministers”.

15      

Dissolution of further education corporations

(1)   

Section 27 of FHEA 1992 (orders dissolving further education corporations) is

amended as follows.

30

(2)   

In subsections (1), (2)(a) and (6), for “the Secretary of State” substitute “the

appropriate authority”.

(3)   

In subsection (3), omit paragraph (a) and the “or” following it.

(4)   

After subsection (3) insert—

“(3A)   

An order under this section made by the Learning and Skills Council

35

for England in respect of a further education corporation in England

may provide for the transfer to the council of property, rights and

liabilities of the corporation.

(3B)   

The council must obtain the consent of the Secretary of State before

making provision of a kind mentioned in subsection (3A).”

40

 
 

Further Education and Training Bill [HL]
Part 2 — Further education institutions

11

 

(5)   

In subsection (7)—

(a)   

for “the Secretary of State” substitute “the Welsh Ministers”, and

(b)   

omit paragraph (b) and the “and” preceding it.

(6)   

Omit subsection (8).

(7)   

After subsection (8) insert—

5

“(9)   

In this section “the appropriate authority” means—

(a)   

in relation to a further education corporation in England, the

Learning and Skills Council for England, and

(b)   

in relation to a further education corporation in Wales, the

Welsh Ministers.”

10

16      

Publication of proposals

(1)   

Section 51 of FHEA 1992 (publication of proposals for establishment or

dissolution of further education corporation) is amended as follows.

(2)   

For subsections (1) and (2) substitute—

“(1)   

The Learning and Skills Council for England may not make—

15

(a)   

an order under section 16(1) or (3) establishing a body

corporate, or

(b)   

an order under section 27 dissolving a further education

corporation,

   

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

the order, giving such information as may be prescribed, by such time

and in such manner as may be prescribed.

(2A)   

The second requirement is that the council considers any

representations about the proposal made to it within the prescribed

25

period.”

(3)   

In subsection (3), for the words from the beginning to “he has” substitute “The

Welsh Ministers shall not make an order under section 16(1) or (3) unless they

have”.

(4)   

In subsection (3A), for “A draft proposal or order” substitute “A proposal or a

30

draft order”.

Intervention in further education institutions

17      

Intervention: England

Before section 57 of FHEA 1992, insert—

“56A    

Intervention: England

35

(1)   

This section applies if the Learning and Skills Council for England is

satisfied as to one or more of the matters listed in subsection (2) in the

case of an institution in England within the further education sector;

and it is immaterial whether or not a complaint is made by any person.

(2)   

The matters are—

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Further Education and Training Bill [HL]
Part 2 — Further education institutions

12

 

(a)   

that the institution’s affairs have been or are being mismanaged

by the institution’s governing body;

(b)   

that the institution’s governing body have failed to discharge

any duty imposed on them by or for the purposes of any Act;

(c)   

that the institution’s governing body have acted or are

5

proposing to act unreasonably with respect to the exercise of

any power conferred or the performance of any duty imposed

by or under any Act;

(d)   

that the institution is performing significantly less well than it

might in all the circumstances reasonably be expected to

10

perform, or is failing or likely to fail to give an acceptable

standard of education or training.

(3)   

If this section applies the council may do one or more of the things

listed in subsection (5).

(4)   

If the council does one or more of those things, it must at the same time

15

give the institution’s governing body a notice stating—

(a)   

the matter or matters listed in subsection (2) as to which the

council is satisfied;

(b)   

the reasons why the council is so satisfied;

(c)   

the reasons why the council has decided to do that thing or

20

those things.

(5)   

The council may—

(a)   

remove all or any of the members of the institution’s governing

body;

(b)   

appoint new members of that body if there are vacancies

25

(however arising);

(c)   

give to that body such directions as it thinks expedient as to the

exercise of their powers and performance of their duties.

(6)   

The directions that may be given to a governing body under this section

include a direction requiring a governing body to make collaboration

30

arrangements (within the meaning of section 166 of the Education and

Inspections Act 2006) with such bodies and on such terms as may be

specified in the direction.

(7)   

Directions may be given to a governing body under this section despite

any enactment making the exercise of a power or performance of a duty

35

contingent on the body’s opinion.

(8)   

The council may not direct a governing body under subsection (5)(c) to

dismiss a member of staff.

(9)   

But subsection (8) does not prevent the council, where it considers that

it may be appropriate to dismiss a member of staff whom the governing

40

body have power under their institution’s articles of government to

dismiss, from giving the governing body such directions under this

section as are necessary to secure that the procedures applicable to the

consideration of the case for dismissal of that member of staff are given

effect to in relation to that member of staff.

45

(10)   

A governing body must comply with any directions given to them

under this section.

 
 

Further Education and Training Bill [HL]
Part 2 — Further education institutions

13

 

(11)   

An appointment of a member of a governing body under this section

shall have effect as if made in accordance with the instrument of

government and articles of government of the institution concerned.

56B     

Intervention policy: England

(1)   

The Learning and Skills Council for England must—

5

(a)   

prepare a statement of its policy with respect to the exercise of

its powers under section 56A,

(b)   

keep it under review, and

(c)   

if it considers it appropriate in consequence of a review, prepare

a revised statement of its policy.

10

(2)   

When preparing a statement or revised statement of its policy, the

council must—

(a)   

undertake such consultation as it thinks appropriate;

(b)   

consider any representations made to it about the policy to be

set out in the statement.

15

(3)   

The Secretary of State may give the council guidance in relation to the

exercise of its functions under subsections (1) and (2), and in particular

in relation to the form and content of the policy.

(4)   

It is the duty of the council to have regard to any guidance given to it

under subsection (3).

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(5)   

The council must send a copy of the statement or revised statement

prepared by it to the Secretary of State.

(6)   

If the Secretary of State approves it he shall lay a copy of it before each

House of Parliament.

(7)   

The council must publish—

25

(a)   

the statement of its policy approved by the Secretary of State;

(b)   

where the Secretary of State approves a revised statement of its

policy, the revised statement.

(8)   

The council must have regard to the statement most recently published

under subsection (7) in exercising, or deciding whether to exercise, any

30

of its powers under section 56A in relation to an institution.

56C     

Directions

(1)   

This section applies if—

(a)   

the Secretary of State is satisfied as to one or more of the matters

listed in section 56A(2) in the case of an institution in England

35

within the further education sector, and

(b)   

the Secretary of State is satisfied that the circumstances are such

that it would be appropriate for the Learning and Skills Council

for England to do one or more of the things listed in section

56A(5) in relation to the institution.

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(2)   

In such a case the Secretary of State may give to the council such

directions as he thinks fit as to the exercise of the council’s powers

under section 56A.

 
 

 
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