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7 | Consultation by the Council |
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After section 14 of LSA 2000 insert— |
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(1) | In exercising its functions the Council must have regard to any |
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guidance given from time to time by the Secretary of State about |
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(a) | persons receiving or proposing to receive post-16 education or |
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(c) | such other persons as may be specified in such guidance, |
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| in connection with the taking of decisions affecting them. |
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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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8 | Plans for academic years |
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(1) | Section 15 of LSA 2000 (plans of the Council) is amended as follows. |
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(2) | In subsection (1)(a), for “each of its financial years” substitute “each academic |
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(4) | In subsection (3), for “any subsequent financial year of the Council” substitute |
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(a) | for “a financial year” substitute “an academic year”, and |
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(b) | in paragraph (a), for “the financial year” substitute “the academic year”. |
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(6) | After subsection (4) insert— |
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“(5) | In this section “academic year” means— |
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(a) | the period starting with the 1 April following the date on which |
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section 8 of the Further Education and Training Act 2007 comes |
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into force and ending with the second 31 July following that 1 |
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(b) | each successive period of 12 months.” |
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9 | Powers to form or be involved in certain bodies corporate |
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(1) | Section 18 of LSA 2000 (supplementary functions of the Council) is amended |
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as set out in subsections (2) and (3). |
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(2) | In subsection (3), for paragraph (c), substitute— |
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“(c) | to form, participate in forming or invest in a company unless the |
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Secretary of State consents; |
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(d) | to form, participate in forming or otherwise become a member |
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of a charitable incorporated organisation (within the meaning |
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of section 69A of the Charities Act 1993) unless the Secretary of |
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“(8) | 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 |
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by the acquisition of any assets, securities or rights or otherwise.” |
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(4) | In relation to the period beginning on 1st September 2000 and ending |
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immediately before the coming into force of this section, the power conferred |
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by section 18 of LSA 2000 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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with the consent of the Secretary of State. |
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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 |
| |
(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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Intervention in further education institutions |
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Before section 57 of FHEA 1992, insert— |
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“56A | Intervention: England |
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(1) | This section applies if the Learning and Skills Council for England is |
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satisfied as to one or more of the matters listed in subsection (2) in the |
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case of an institution in England within the further education sector; |
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and it is immaterial whether or not a complaint is made by any person. |
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(a) | that the institution’s affairs have been or are being mismanaged |
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by the institution’s governing body; |
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(b) | that the institution’s governing body have failed to discharge |
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any duty imposed on them by or for the purposes of any Act; |
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(c) | that the institution’s governing body have acted or are |
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proposing to act unreasonably with respect to the exercise of |
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any power conferred or the performance of any duty imposed |
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(d) | that the institution is performing significantly less well than it |
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might in all the circumstances reasonably be expected to |
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perform, or is failing or likely to fail to give an acceptable |
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standard of education or training. |
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(3) | If this section applies the council may do one or more of the things |
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listed in subsection (5). |
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(4) | If the council does one or more of those things, it must at the same time |
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give the institution’s governing body a notice stating— |
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(a) | the matter or matters listed in subsection (2) as to which the |
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(b) | the reasons why the council is so satisfied; |
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(c) | the reasons why the council has decided to do that thing or |
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(a) | remove all or any of the members of the institution’s governing |
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(b) | appoint new members of that body if there are vacancies |
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(c) | give to that body such directions as it thinks expedient as to the |
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exercise of their powers and performance of their duties. |
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(6) | The directions that may be given to a governing body under this section |
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include a direction requiring a governing body to make collaboration |
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arrangements (within the meaning of section 166 of the Education and |
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Inspections Act 2006) with such bodies and on such terms as may be |
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specified in the direction. |
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(7) | Directions may be given to a governing body under this section despite |
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any enactment making the exercise of a power or performance of a duty |
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contingent on the body’s opinion. |
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(8) | The council may not direct a governing body under subsection (5)(c) to |
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dismiss a member of staff. |
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(9) | But subsection (8) does not prevent the council, where it considers that |
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it may be appropriate to dismiss a member of staff whom the governing |
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body have power under their institution’s articles of government to |
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dismiss, from giving the governing body such directions under this |
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section as are necessary to secure that the procedures applicable to the |
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consideration of the case for dismissal of that member of staff are given |
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effect to in relation to that member of staff. |
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(10) | A governing body must comply with any directions given to them |
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(11) | An appointment of a member of a governing body under this section |
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shall have effect as if made in accordance with the instrument of |
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government and articles of government of the institution concerned. |
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56B | Intervention policy: England |
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(1) | The Learning and Skills Council for England must— |
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(a) | prepare a statement of its policy with respect to the exercise of |
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its powers under section 56A, |
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(b) | keep it under review, and |
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(c) | if it considers it appropriate in consequence of a review, prepare |
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a revised statement of its policy. |
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(2) | When preparing a statement or revised statement of its policy, the |
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(a) | undertake such consultation as it thinks appropriate; |
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(b) | consider any representations made to it about the policy to be |
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set out in the statement. |
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(3) | The Secretary of State may give the council guidance in relation to the |
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exercise of its functions under subsections (1) and (2), and in particular |
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in relation to the form and content of the policy. |
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(4) | It is the duty of the council to have regard to any guidance given to it |
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(5) | The council must send a copy of the statement or revised statement |
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prepared by it to the Secretary of State. |
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(6) | If the Secretary of State approves it he shall lay a copy of it before each |
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(7) | The council must publish— |
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(a) | the statement of its policy approved by the Secretary of State; |
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(b) | where the Secretary of State approves a revised statement of its |
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policy, the revised statement. |
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(8) | The council must have regard to the statement most recently published |
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under subsection (7) in exercising, or deciding whether to exercise, any |
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of its powers under section 56A in relation to an institution. |
| |
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(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 |
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directions as he thinks fit as to the exercise of the council’s powers |
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