Apprenticeships, Skills, Children and Learning Bill

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

Apprenticeships, Skills, Children and Learning Bill

Apprenticeships, Skills, Children and Learning Bill
Schedule 4 — The Chief Executive of Skills Funding
163

Accounts
8     (1)
The Chief Executive must—
(a)
keep proper accounts and proper records in relation to the accounts,
and
(b)
prepare annual accounts in respect of each financial year.
5
      (2)
The annual accounts must comply with any directions given by the
Secretary of State with the approval of the Treasury as to—
(a)
the information to be contained in them,
(b)
the manner in which the information contained in them is to be
presented, or
10
(c)
the methods and principles according to which the annual accounts
are to be prepared.
      (3)
Before the end of the month of August next following each financial year, the
Chief Executive must send copies of the annual accounts for the year to—
(a)
the Secretary of State, and
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(b)
the Comptroller and Auditor General.
      (4)
The Comptroller and Auditor General must—
(a)
examine, certify and report on the annual accounts, and
(b)
give a copy of the report to the Secretary of State.
      (5)
The Secretary of State must lay before Parliament—
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(a)
a copy of any annual accounts received under sub-paragraph (3), and
(b)
a copy of each report received under sub-paragraph (4).
Supplementary powers
9     (1)
The Chief Executive may do anything that the Chief Executive considers
necessary or appropriate for the purposes of, or in connection with, the
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functions of the office.
      (2)
The power in sub-paragraph (1) is subject to any restrictions imposed by or
under any provision of this or any other Act.
      (3)
The Chief Executive may not borrow money.
      (4)
The Chief Executive may not do any of the following without the consent of
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the Secretary of State—
(a)
lend money;
(b)
form, participate in forming or invest in a company;
(c)
form, participate in forming or otherwise become a member of a
charitable incorporated organisation (within the meaning of section
35
69A of the Charities Act 1993 (c. 10)).
      (5)
In sub-paragraph (4)(b) the reference to investing in a company includes a
reference to—
(a)
becoming a member of the company, and
(b)
investing in it by the acquisition of any assets, securities or rights or
40
otherwise.

Apprenticeships, Skills, Children and Learning Bill
Schedule 5 — Learning aims for persons aged 19 or over
Part 2 — Power to specify
164

Directions about management
10
The Secretary of State may give directions to the Chief Executive about the
financial and other management of and administrative arrangements
relating to the office comprising the Chief Executive and the staff of the Chief
Executive.
5
Financial year
11
In this Schedule “financial year” means—
(a)
the period beginning on the day on which section 78 comes into force
and ending on the following 31 March;
(b)
each successive period of 12 months.
10
Schedule 5
Section 93

Learning aims for persons aged 19 or over
Part 1
Qualifications to which this Schedule applies
1
This paragraph applies to the following qualifications—
15
(a)
a specified qualification in literacy;
(b)
a specified qualification in numeracy;
(c)
a specified vocational qualification at level 2.
2
This paragraph applies to a specified qualification at level 3.
Part 2
20
Power to specify
Power to specify
3     (1)
In paragraphs 1 and 2, a reference to a specified qualification is to a
regulated qualification which is specified, or which is of a description
specified, in regulations.
25
      (2)
The regulations may specify qualifications, or descriptions of qualifications,
by reference to an assessment made by the Chief Executive of the level of
attainment demonstrated by a qualification; and for that purpose the
regulations may confer functions (which may include the exercise of a
discretion) on the Chief Executive.
30
      (3)
The regulations may make provision which applies subject to exceptions
specified in the regulations.
      (4)
In sub-paragraph (1) “regulated qualification” has the meaning given by
section 127.

Apprenticeships, Skills, Children and Learning Bill
Schedule 5 — Learning aims for persons aged 19 or over
Part 2 — Power to specify
165

Power to specify qualification in literacy
4
The level of attainment in literacy demonstrated by a specified qualification
in literacy in must be the level which, in the opinion of the Secretary of State,
is the minimum required in that respect by persons aged 19 or over in order
to be able to operate effectively in day-to-day life.
5
Power to specify qualification in numeracy
5
The level of attainment in numeracy demonstrated by a specified
qualification in numeracy must be the level which, in the opinion of the
Secretary of State, is the minimum required in that respect by persons aged
19 or over in order to be able to operate effectively in day-to-day life.
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Level 2
6
Level 2 is the level of attainment (in terms of breadth and depth) which, in
the opinion of the Secretary of State, is demonstrated by the General
Certificate of Secondary Education in five subjects, each at Grade C or above.
Level 3
15
7
Level 3 is the level of attainment (in terms of breadth and depth) which, in
the opinion of the Secretary of State, is demonstrated by the General
Certificate of Education at the advanced level in two subjects.
Advice and information
8
In forming an opinion for the purposes of this Schedule, the Secretary of
20
State may have regard, in particular, to advice or information relating to
qualifications which is provided by—
(a)
the Chief Executive,
(b)
the Qualifications and Curriculum Development Agency, or
(c)
the Office of Qualifications and Examinations Regulation.
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Power to amend
9     (1)
The Secretary of State may by order amend this Schedule so as to—
(a)
add a category of qualification to Part 1;
(b)
remove a category of qualification for the time being referred to in
Part 1;
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(c)
substitute a different qualification for a qualification for the time
being referred to in Part 2;
(d)
make consequential amendments.
      (2)
The power conferred by sub-paragraph (1)(b) includes power to remove
every category of qualification to which a paragraph of Part 1 for the time
35
being applies.

Apprenticeships, Skills, Children and Learning Bill
Schedule 6 — Dissolution of the Learning and Skills Council for England: minor and consequential amendments
166

Schedule 6
Section 120

Dissolution of the Learning and Skills Council for England: minor and
consequential amendments
Race Relations Act 1976 (c. 74)
1
In Part 2 of Schedule 1A to the Race Relations Act 1976 (bodies and other
5
persons added after commencement of general statutory duty) for the entry
for the Learning and Skills Council for England substitute “The Chief
Executive of Skills Funding.”
Further and Higher Education Act 1992 (c. 13)
2
The Further and Higher Education Act 1992 is amended as follows.
10
3     (1)
Section 19 (supplementary powers of a further education corporation) is
amended as follows.
      (2)
In subsection (4AC)(a), for “Learning and Skills Council for England”
substitute “Chief Executive of Skills Funding”.
      (3)
In subsection (4B), for “Learning and Skills Council for England” substitute
15
“Chief Executive of Skills Funding”.
      (4)
In subsection (4C), for “council” substitute “Chief Executive”.
4
In section 29(7A) (government and conduct of designated institutions)—
(a)
for paragraph (a) (but not the “or” following it) substitute—
“(a)
the Chief Executive of Skills Funding under section
20
56AA,”;
(b)
in paragraph (b), for “that Act” substitute “the Learning and Skills
Act 2000”.
5
In section 31(2A) (designated institutions conducted by companies)—
(a)
for paragraph (a) (but not the “or” following it) substitute—
25
“(a)
the Chief Executive of Skills Funding under section
56AA,”;
(b)
in paragraph (b), for “that Act” substitute “the Learning and Skills
Act 2000”.
6
In section 54(1) (duty to give information)—
30
(a)
for “the Learning and Skills Council for England” substitute “the
Chief Executive of Skills Funding”;
(b)
for “the council”, in both places where it occurs, substitute “the Chief
Executive”.
7     (1)
Section 56A (intervention: England) is amended as follows.
35
      (2)
In subsection (1), for “Learning and Skills Council for England” substitute
“Chief Executive of Skills Funding (referred to in this section and sections
56AA to 56D as “the Chief Executive”)”.
      (3)
In subsections (3) and (4), for “council”, wherever occurring, substitute
“Chief Executive”.
40
      (4)
In subsection (5)—

Apprenticeships, Skills, Children and Learning Bill
Schedule 6 — Dissolution of the Learning and Skills Council for England: minor and consequential amendments
167

(a)
for the words from “If the” to “same time” substitute “At the same
time as doing one or more of those things the Chief Executive must”;
(b)
in paragraphs (a) to (c) for “council”, wherever appearing, substitute
“Chief Executive”.
      (5)
In subsection (6)—
5
(a)
for “council” substitute “Chief Executive”;
(b)
in paragraph (c), for “as it thinks” substitute “as the Chief Executive
thinks”.
      (6)
In subsection (9), for “council” substitute “Chief Executive”.
      (7)
In subsection (10), for “council, where it considers” substitute “Chief
10
Executive, where the Chief Executive considers”.
8
After section 56A insert—
“56AA
Appointment by Chief Executive of Skills Funding of members of
governing body of further education institutions
(1)
The Chief Executive may appoint a person to be a member of the
15
governing body of an institution which—
(a)
is conducted by a further education corporation, and
(b)
mainly serves the population of England.
(2)
But no more than two members of the governing body of a given
institution may at any given time have been appointed under this
20
section.
(3)
A member of the governing body of an institution who was
appointed before the relevant commencement date by the Learning
and Skills Council for England under section 11 of the Learning and
Skills Act 2000 is to be treated, on and after that date, as appointed
25
by the Chief Executive under this section.
(4)
“The relevant commencement date” is the date on which section 120
of the Apprenticeships, Skills, Children and Learning Act 2009
comes into force.”
9     (1)
Section 56B (intervention policy: England) is amended as follows.
30
      (2)
In subsection (1)—
(a)
for “Learning and Skills Council for England” substitute “Chief
Executive”;
(b)
in paragraph (a), for “its policy with respect to the exercise of its
powers” substitute “policy with respect to the exercise of the Chief
35
Executive’s powers”;
(c)
for paragraph (c) substitute—
“(c)
if the Chief Executive considers it appropriate in
consequence of a review, prepare a revised statement
of policy.”
40
      (3)
In subsection (2)—
(a)
for “council” substitute “Chief Executive”;
(b)
in paragraph (a), for “it thinks” substitute “the Chief Executive
thinks”;

Apprenticeships, Skills, Children and Learning Bill
Schedule 6 — Dissolution of the Learning and Skills Council for England: minor and consequential amendments
168

(c)
in paragraph (b), for “made to it” substitute “made to the Chief
Executive”.
      (4)
In subsection (3)—
(a)
for “council” substitute “Chief Executive”;
(b)
omit “its”.
5
      (5)
In subsection (4), for “council” substitute “Chief Executive”.
      (6)
In subsection (5)—
(a)
for “council” substitute “Chief Executive”;
(b)
for “prepared by it” substitute “prepared under subsection (1)”.
      (7)
In subsection (7)—
10
(a)
for “council” substitute “Chief Executive”;
(b)
for paragraphs (a) and (b) substitute “any statement or revised
statement received under subsection (6).”
      (8)
In subsection (8)—
(a)
for “council” substitute “Chief Executive”;
15
(b)
for “its powers” substitute “the Chief Executive’s powers”.
10    (1)
Section 56C (directions) is amended as follows.
      (2)
In subsection (1)(b), for “Learning and Skills Council for England” substitute
“Chief Executive”.
      (3)
In subsection (2)—
20
(a)
for “council” substitute “Chief Executive”;
(b)
for “council’s” substitute “Chief Executive’s”.
      (4)
In subsection (3), for “council”, in both places where it occurs, substitute
“Chief Executive”.
      (5)
In subsection (4)—
25
(a)
for “council” substitute “Chief Executive”;
(b)
omit “to it”.
      (6)
In subsection (5), for “council”, in both places where it occurs, substitute
“Chief Executive”.
11
After section 56C insert—
30
“56D
Notification by LEA or YPLA of possible grounds for intervention
(1)
This section applies if a relevant body is of the view that any of the
matters listed in section 56A(2) applies in relation to an institution in
England within the further education sector, other than a sixth form
college.
35
(2)
The relevant body must notify the Chief Executive of that view.
(3)
The Chief Executive must have regard to the relevant body’s view in
deciding whether to exercise the powers under section 56A.
(4)
“Relevant body” means a local education authority or the YPLA.”
12
In Schedule 4 (instruments and articles of government for further education
40
corporations) in paragraph 1A—

Apprenticeships, Skills, Children and Learning Bill
Schedule 6 — Dissolution of the Learning and Skills Council for England: minor and consequential amendments
169

(a)
for paragraph (a) (but not the “or” following it) substitute—
“(a)
the Chief Executive of Skills Funding under section
56AA,”;
(b)
in paragraph (b), for “that Act” substitute “the Learning and Skills
Act 2000”.
5
Education Act 1996 (c. 56)
13
In section 13(2)(a) (general responsibility for education) for “Learning and
Skills Council for England” substitute “Chief Executive of Skills Funding”.
Learning and Skills Act 2000 (c. 21)
14
The Learning and Skills Act 2000 is amended as follows.
10
15
Omit section 1 (the Learning and Skills Council for England).
16
Omit section 2 (duties of Learning and Skills Council: education and training
for persons aged 16 to 19).
17
Omit section 3 (duties of Learning and Skills Council: education and training
for persons over 19).
15
18
Omit section 4 (encouragement of education and training).
19
Omit sections 4A to 4C (learning aims for persons aged 19 and over).
20
Omit section 5 (provision of financial resources).
21
Omit section 6 (financial resources: conditions).
22
Omit section 7 (funding of school sixth forms).
20
23
Omit section 8 (links between education and training and employment).
24
Omit section 9 (assessments and means tests).
25
Omit section 10 (qualifying accounts and arrangements).
26
Omit section 11 (further education: governors).
27
Omit section 11A (support schemes relating to education and training for
25
persons aged 10 to 15).
28
Omit section 12 (research and information).
29
Omit section 13 (persons with learning difficulties).
30
Omit section 14 (equality of opportunity).
31
Omit section 14A (consultation).
30
32
Omit section 15 (plans).
33
Omit section 16 (strategy).
34
Omit section 17 (use of information by Learning and Skills Council).
35
Omit section 18 (supplementary functions).
36
Omit sections 18A to 18C (regional councils).
35