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 6 — Dissolution of the Learning and Skills Council for England: minor and consequential amendments
170

37
Omit sections 24A to 24C (strategies for functions of the Learning and Skills
Council).
38
Omit section 25 (directions).
39
Omit section 26 (committees).
40
Omit section 27 (grants to Learning and Skills Council).
5
41
Omit section 28 (annual report).
42
Omit section 29 (Council’s financial year).
43
Omit section 97 (external qualifications: persons over 19).
44    (1)
Section 98 (approved qualifications: England) is amended as follows.
      (2)
In subsection (1), for “sections 96 and 97 in their application” substitute
10
“section 96 in its application”.
      (3)
Omit subsection (2A).
45    (1)
Section 99 (approved qualifications: Wales) is amended as follows.
      (2)
In subsection (1), for “sections 96 and 97 in their application” substitute
“section 96 in its application”.
15
      (3)
Omit subsection (2A).
46
In section 100 (authorised bodies) for “sections 96 and 97 in their
application”, in both places where the words occur, substitute “section 96 in
its application”.
47
In section 101 (enforcement: England) in subsection (1)—
20
(a)
for “sections 96 and 97 in their application” substitute “section 96 in
its application”;
(b)
after paragraph (a) insert “or”;
(c)
omit paragraph (c) (and the word “or” before it).
48
In section 102 (enforcement: Wales) in subsection (1)—
25
(a)
for “sections 96 and 97 in their application” substitute “section 96 in
its application”;
(b)
after paragraph (a) insert “or”;
(c)
omit paragraph (c) (and the word “or” before it).
49    (1)
Section 113A (restructuring of sixth form education) is amended as follows.
30
      (2)
Omit subsections (1), (4)(aa), (5), (7), (8) and (9)(f).
      (3)
In subsection (11)—
(a)
in the definition of “regulations” omit paragraph (a) (and the “and”
after it);
(b)
in the definition of “relevant authority” omit paragraph (a) (and the
35
“and” after it).
50
Omit Schedule 1 (the Learning and Skills Council for England).
51
Omit Schedule 1A (learning aims for persons aged 19 and over).
52
Omit Schedule 3 (committees (England)).

Apprenticeships, Skills, Children and Learning Bill
Schedule 7 — Learning and Skills Council for England: transfer schemes
171

53    (1)
Schedule 7A (implementation of proposals for restructuring sixth form
education) is amended as follows.
      (2)
In paragraph 1, omit “approved or” and “approval or”, wherever occurring.
      (3)
In paragraph 3(4), omit paragraph (a).
      (4)
Omit paragraphs 5(1), 6(1) and 7(1) and (2).
5
Education and Inspections Act 2006 (c. 40)
54
The Education and Inspections Act 2006 is amended as follows.
55
Section 75 (education and training to satisfy entitlements) ceases to have
effect.
Further Education and Training Act 2007 (c. 25)
10
56
The Further Education and Training Act 2007 is amended as follows.
57
Sections 11 to 13 (provision by Learning and Skills Council for England of
services and assistance in respect of employment and training) cease to have
effect.
58
Sections 14 to 16 (transfer of functions of Secretary of State in relation to
15
further education corporations to the Learning and Skills Council for
England) cease to have effect.
Schedule 7
Section 121

Learning and Skills Council for England: transfer schemes
Staff transfer schemes
20
1
The Secretary of State may make a scheme (a “staff transfer scheme”)
providing for the transfer of designated employees of the LSC—
(a)
to a permitted transferee, or
(b)
so as to become employed in the civil service of the state.
2     (1)
This paragraph applies where a staff transfer scheme provides for the
25
transfer of an employee of the LSC to a permitted transferee.
      (2)
The staff transfer scheme may provide—
(a)
for the employee’s contract of employment to have effect (subject to
any necessary modifications)—
(i)
as if originally made between the employee and the
30
permitted transferee, or
(ii)
as the conditions of service as a member of staff of the
permitted transferee;
(b)
for the transfer to the permitted transferee of the rights, powers,
duties and liabilities of the LSC under or in connection with the
35
employee’s contract of employment;
(c)
for anything done (or having effect as if done) before that transfer by
or in relation to the LSC in respect of such a contract or the employee

Apprenticeships, Skills, Children and Learning Bill
Schedule 7 — Learning and Skills Council for England: transfer schemes
172

to be treated as having been done by or in relation to the permitted
transferee.
      (3)
The staff transfer scheme may provide for a period before a person became
a member of the permitted transferee’s staff to count as a period during
which the person was a member of the permitted transferee’s staff (and for
5
the operation of the scheme not to be treated as having interrupted the
continuity of that period).
      (4)
The staff transfer scheme may provide—
(a)
for an employee of the LSC who would otherwise become a member
of the permitted transferee’s staff not to become such a member of
10
staff if the employee gives notice objecting to the operation of the
scheme in relation to the employee, and
(b)
in those circumstances, for the employee’s contract of employment
with the LSC to be terminated immediately before the day on which
the transfer scheme comes into force.
15
      (5)
The staff transfer scheme may provide for any person who would be treated
(whether by an enactment or otherwise) as being dismissed by the operation
of the scheme not to be so treated.
      (6)
A staff transfer scheme may provide for the transfer of an employee of the
LSC to a permitted transferee despite any provision, of whatever nature,
20
which would otherwise prevent the employee from being so transferred.
3     (1)
This paragraph applies where a staff transfer scheme provides for an
employee of the LSC to become employed in the civil service of the state.
      (2)
The staff transfer scheme may provide—
(a)
so far as may be consistent with employment in the civil service of
25
the state, for the terms and conditions of the employee’s employment
to have effect as if they were the conditions of the employee’s Crown
employment;
(b)
for the transfer to the Crown of the rights, powers, duties and
liabilities of the LSC under or in connection with the employee’s
30
contract of employment;
(c)
for anything done (or having effect as if done) before that transfer by
or in relation to the LSC in respect of such a contract or the employee
to be treated as having been done by or in relation to the Crown.
      (3)
The staff transfer scheme may provide for a period before the employee
35
became employed in the civil service of the state to count as a period of
employment in the person’s Crown employment and for the change of
employment not to break the continuity of that employment.
      (4)
The staff transfer scheme may provide—
(a)
for an employee of the LSC who would otherwise become employed
40
in the civil service of the state not to become so employed if the
employee gives notice objecting to the operation of the scheme in
relation to the employee, and
(b)
in those circumstances, for the employee’s contract of employment
with the LSC to be terminated immediately before the day on which
45
the transfer scheme comes into force.

Apprenticeships, Skills, Children and Learning Bill
Schedule 7 — Learning and Skills Council for England: transfer schemes
173

      (5)
The staff transfer scheme may provide for any person who would be treated
(whether by an enactment or otherwise) as being dismissed by the operation
of the scheme not to be so treated.
      (6)
A staff transfer scheme may provide for an employee of the LSC to become
employed in the civil service of the state despite any provision, of whatever
5
nature, which would otherwise prevent the person from being so employed.
Property transfer schemes
4     (1)
The Secretary of State may make a scheme (a “property transfer scheme”)
providing for the transfer from the LSC of designated property, rights or
liabilities of the LSC to—
10
(a)
a permitted transferee,
(b)
the Secretary of State, or
(c)
the Chief Executive of Skills Funding.
      (2)
A property transfer scheme may—
(a)
create rights, or impose liabilities, in relation to property or rights
15
transferred by virtue of the scheme;
(b)
provide for anything done by or in relation to the LSC in connection
with any property, rights or liabilities transferred by the scheme to
be treated as done, or to be continued, by or in relation to the person
to whom the property, rights or liabilities in question are transferred;
20
(c)
apportion property, rights and liabilities;
(d)
make provision about the continuation of legal proceedings.
      (3)
The things that may be transferred by a property transfer scheme include—
(a)
property, rights and liabilities that could not otherwise be
transferred;
25
(b)
property acquired, and rights and liabilities arising, after the making
of the scheme.
Continuity
5
A transfer by virtue of a staff transfer scheme or a property transfer scheme
does not affect the validity of anything done by or in relation to the LSC
30
before the transfer takes effect.
Supplementary provision etc.
6
A staff transfer scheme or a property transfer scheme may include
supplementary, incidental, transitional and consequential provision.
Interpretation
35
7     (1)
In this Schedule—
“designated”, in relation to a staff transfer scheme or a property transfer
scheme, means specified in, or determined in accordance with, the
scheme;
“the LSC” means the Learning and Skills Council for England;
40
“permitted transferee” means—
(a)
a local education authority in England;
(b)
the Young People’s Learning Agency for England;

Apprenticeships, Skills, Children and Learning Bill
Schedule 8 — Sixth form college sector
174

(c)
any other person specified in an order made by the Secretary
of State.
Schedule 8
Section 122

Sixth form college sector
1
The Further and Higher Education Act 1992 is amended as follows.
5
2
In section 17(1) (meaning of “further education corporation”) after “by virtue
of section” insert “33D or”.
3
After section 33 insert—
“Sixth form college corporations: England
33A
Initial designation of existing bodies corporate as sixth form college
10
corporations
(1)
The Secretary of State may by order designate a body corporate
within subsection (2) as a sixth form college corporation, for the
purpose of conducting an educational institution specified in the
order.
15
(2)
A body corporate is within this subsection if it is—
(a)
a further education corporation established in respect of an
institution in England, or
(b)
a body corporate established by an order under section 143(4)
of the Learning and Skills Act 2000 in respect of an institution
20
in England.
(3)
On the date specified in the order—
(a)
a body corporate within subsection (2)(a) ceases to be a
further education corporation and becomes a sixth form
college corporation;
25
(b)
a body corporate within subsection (2)(b) ceases to be subject
to the order under section 143(4) of the Learning and Skills
Act 2000 establishing it and becomes a sixth form college
corporation;
(c)
in the case of a body corporate within subsection (2)(b), a
30
designation under section 28 which has effect in relation to
the relevant sixth form college ceases to have effect.
(4)
An order under subsection (1) may—
(a)
make provision for the continuity of the body corporate,
including provision for the continuation of the instrument
35
and articles of government of the body and the relevant sixth
form college;
(b)
make provision as to the initial name of the corporation as a
sixth form college corporation.
(5)
The power conferred by subsection (1)—
40
(a)
is exercisable only once;

Apprenticeships, Skills, Children and Learning Bill
Schedule 8 — Sixth form college sector
175

(b)
is not exercisable after the date specified in an order made by
the Secretary of State.
33B
Subsequent designation of existing bodies corporate as sixth form
college corporations
(1)
The Secretary of State may by order designate a body corporate
5
within subsection (2) as a sixth form college corporation, for the
purpose of conducting an educational institution specified in the
order.
(2)
A body corporate is within this subsection if it is—
(a)
a further education corporation established in respect of an
10
institution in England, or
(b)
a body corporate established by an order under section 143(4)
of the Learning and Skills Act 2000 in respect of an institution
in England.
(3)
An order under subsection (1) may be made only if—
15
(a)
an application for the order has been made by the governing
body of the institution mentioned in subsection (2)(a) or (b),
and
(b)
the institution is one within subsection (4).
(4)
An institution is within this subsection if it appears to the Secretary
20
of State that—
(a)
on the date on which the application is made at least 80% of
its total enrolment number will be persons over compulsory
school age but under 19.
(5)
The total enrolment number of an institution is to be calculated in
25
accordance with paragraph 1(2) of Schedule 3.
(6)
On the date specified in the order—
(a)
a body corporate within subsection (2)(a) ceases to be a
further education corporation and becomes a sixth form
college corporation;
30
(b)
a body corporate within subsection (2)(b) ceases to be subject
to the order under section 143(4) of the Learning and Skills
Act 2000 establishing it and becomes a sixth form college
corporation;
(c)
in the case of a body corporate within subsection (2)(b), a
35
designation under section 28 which has effect in relation to
the relevant sixth form college ceases to have effect.
(7)
An order under subsection (1) may—
(a)
make provision for the continuity of the body corporate,
including provision for the continuation of the instrument
40
and articles of government of the body and the relevant sixth
form college;
(b)
make provision as to the initial name of the corporation as a
sixth form college corporation.
(8)
The power conferred by subsection (1) is exercisable only after the
45
date specified in an order under section 33A(5)(b).