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 8 — Sixth form college sector
176

33C
Establishment of new bodies corporate as sixth form college
corporations
(1)
The Secretary of State may by order make provision for the
establishment of a body corporate as a sixth form college
corporation, for the purpose of establishing and conducting an
5
educational institution specified in the order.
(2)
An order under subsection (1) may be made only if—
(a)
a proposal relating to the order has been made by the
responsible local education authority and it appears to the
Secretary of State that the requirements in subsection (3) have
10
been met in relation to the proposal, and
(b)
it appears to the Secretary of State that the institution will
when established be one within subsection (4).
(3)
The requirements are that—
(a)
the authority have published the proposal by the prescribed
15
time and in the prescribed manner;
(b)
the proposal as published contained prescribed information;
(c)
the authority have considered any representations about the
proposal made to them within the prescribed period.
(4)
An institution is within this subsection if—
20
(a)
the institution is in England, and
(b)
on the date on which it is proposed to be established, 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)
An order under subsection (1)—
(a)
must provide for the institution to be established and
conducted by the body corporate as from the date specified
in the order;
30
(b)
may make provision as to the initial name of the corporation
as a sixth form college corporation.
33D
Conversion of sixth form college corporations into further education
corporations
(1)
The Secretary of State may by order convert a sixth form college
35
corporation into a further education corporation.
(2)
An order under subsection (1) may be made only if—
(a)
an application for the order has been made by the governing
body of the relevant sixth form college, or
(b)
the Secretary of State is satisfied that it is no longer
40
appropriate for the body to be a sixth form college
corporation.
(3)
An application under subsection (2)(a) may not be made during the
period of five years beginning with the date on which the body’s
designation or establishment as a sixth form college corporation
45
takes effect.

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Schedule 8 — Sixth form college sector
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(4)
The Secretary of State must consult the governing body of the
relevant sixth form college before making an order under subsection
(1) in a case within subsection (2)(b).
(5)
On the date specified in the order, the body ceases to be a sixth form
college corporation and becomes a further education corporation.
5
(6)
An order under subsection (1) may—
(a)
make provision for the continuity of the body corporate,
including provision for the continuation of the instrument
and articles of government of the body and the relevant sixth
form college;
10
(b)
make provision as to the initial name of the corporation as a
further education corporation.
33E
Principal powers of a sixth form college corporation
(1)
A sixth form college corporation may do any of the following—
(a)
provide further and higher education,
15
(b)
provide secondary education suitable to the requirements of
persons who have attained the age of 14,
(c)
provide education which is secondary education by virtue of
section 2(2B) of the Education Act 1996,
(d)
participate in the provision of secondary education at a
20
school,
(e)
supply goods or services in connection with their provision
of education.
(2)
The powers conferred by subsection (1) are referred to in section 33F
as the corporation’s principal powers.
25
(3)
A sixth form college corporation may not provide education of a
kind specified in subsection (1)(b), (c) or (d) unless they have
consulted such local education authorities as they consider
appropriate.
(4)
For the purposes of subsection (1), goods are supplied in connection
30
with the provision of education by a sixth form college corporation if
they result from—
(a)
their provision of education or anything done by them under
this Act for the purpose of or in connection with their
provision of education,
35
(b)
the use of their facilities or the expertise of persons employed
by them in the fields in which they are so employed, or
(c)
ideas of a person employed by them, or one of their students,
arising out of their provision of education.
(5)
For the purposes of subsection (1), services are supplied in
40
connection with the provision of education by a sixth form college
corporation if—
(a)
they result from their provision of education or anything
done by them under this Act for the purpose of or in
connection with their provision of education,
45
(b)
they are provided by making available their facilities or the
expertise of persons employed by them in the fields in which
they are so employed, or

Apprenticeships, Skills, Children and Learning Bill
Schedule 8 — Sixth form college sector
178

(c)
they result from ideas of a person employed by them, or of
one of their students, arising out of their provision of
education.
33F
Supplementary powers of a sixth form college corporation
(1)
A sixth form college corporation may do anything (including in
5
particular the things referred to in subsections (2) to (6)) which
appears to the corporation to be necessary or expedient for the
purpose of or in connection with the exercise of any of their principal
powers.
(2)
A sixth form college corporation may conduct an educational
10
establishment for the purpose of carrying on activities undertaken in
the exercise of their powers to provide further or higher education.
(3)
In particular, a sixth form college corporation may conduct the
relevant sixth form college as from the date specified in the order
designating or establishing the corporation as a sixth form college
15
corporation.
(4)
A sixth form college corporation may provide facilities of any
description appearing to the corporation to be necessary or desirable
for the purposes of or in connection with carrying on any activities
undertaken in the exercise of their principal powers.
20
(5)
The facilities include—
(a)
boarding accommodation and recreational facilities for
students and staff, and
(b)
facilities to meet the needs of students with learning
difficulties.
25
(6)
A sixth form college corporation may—
(a)
acquire and dispose of land and other property,
(b)
enter into contracts, including in particular—
(i)
contracts for the employment of teachers and other
staff for the purposes of or in connection with
30
carrying on any activities undertaken in the exercise
of their principal powers, and
(ii)
contracts with respect to the carrying on by the
corporation of any such activities,
(c)
form, participate in forming or invest in a company,
35
(d)
form, participate in forming or otherwise become a member
of a charitable incorporated organisation (within the
meaning of section 69A of the Charities Act 1993),
(e)
borrow such sums as the corporation think fit for the
purposes of—
40
(i)
carrying on any activities they have power to carry
on, or
(ii)
meeting any liability transferred to them under
sections 23 to 27,
(f)
in connection with their borrowing, grant any mortgage,
45
charge or other security in respect of any land or other
property of the corporation,

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Schedule 8 — Sixth form college sector
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(g)
invest any sums not immediately required for the purpose of
carrying on any activities they have power to carry on,
(h)
accept gifts of money, land or other property and apply it, or
hold and administer it on trust for, any of those purposes,
(i)
do anything incidental to the conduct of an educational
5
institution providing further or higher education, including
founding scholarships or exhibitions, making grants and
giving prizes.
(7)
The powers conferred by subsection (6) are subject to section 33G.
(8)
For the purposes of this section a person has a learning difficulty if—
10
(a)
the person has a significantly greater difficulty in learning
than the majority of persons of the same age, or
(b)
the person has a disability which either prevents or hinders
the person from making use of facilities of a kind generally
provided by institutions within the further education sector
15
for persons of the same age.
(9)
But a person is not to be taken to have a learning difficulty solely
because the language (or form of language) in which the person is or
will be taught is different from a language (or form of language)
which has at any time been spoken in the person’s home.
20
(10)
A reference in this section or section 33G 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.
33G
Further provision about supplementary powers
25
(1)
The power conferred by section 33F(6)(c) may not be exercised for
the purpose of—
(a)
conducting an educational institution, or
(b)
investing in a company conducting an educational
institution.
30
(2)
The power conferred by section 33F(6)(d) may not be exercised for
the purpose of—
(a)
conducting an educational institution, or
(b)
becoming a member of a charitable incorporated
organisation conducting an educational institution.
35
(3)
But a restriction on the exercise of a power imposed by subsection (1)
or (2) does not apply to the extent that the responsible local education
authority consent to the exercise of the power in a way which does
not comply with the restriction.
(4)
Neither the power conferred by section 33F(6)(c) nor the power
40
conferred by section 33F(6)(d) may be exercised for the purposes of
the provision of education if the provision is secured (wholly or
partly) by financial resources provided by a relevant funding body.
(5)
But subsection (4) does not apply to the extent that the relevant
funding body consents to the exercise of the power in question in a
45
way which does not comply with the restriction in that subsection.

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Schedule 8 — Sixth form college sector
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(6)
The power conferred on a sixth form college corporation by section
33F(6)(e) to borrow money may not be exercised without the consent
of the responsible local education authority.
(7)
Consent under subsection (6) may be given for particular borrowing
or for borrowing of a particular class.
5
(8)
In this section “relevant funding body” means a local education
authority, the YPLA or the Chief Executive of Skills Funding.
33H
Duty in relation to promotion of well-being of local area
(1)
In exercising their functions under sections 33E and 33F, a sixth form
college corporation must have regard, amongst other things, to the
10
objective of promoting the economic and social well-being of the
local area.
(2)
In subsection (1)—
(a)
“the local area”, in relation to a sixth form college
corporation, means the locality of the relevant sixth form
15
college, and
(b)
a reference to the well-being of an area includes a reference to
the well-being of people who live or work in that area.
33I
Constitution of sixth form college corporation and conduct of sixth
form college
20
(1)
For every sixth form college corporation there is to be—
(a)
an instrument providing for the constitution of the
corporation (to be known as the instrument of government),
and
(b)
an instrument in accordance with which the corporation, and
25
the relevant sixth form college, are to be conducted (to be
known as articles of government).
(2)
Instruments of government and articles of government—
(a)
must comply with the requirements of Schedule 4, and
(b)
may make any provision authorised to be made by that
30
Schedule and such other provision as may be necessary or
desirable.
(3)
Subsection (2) is subject to section 33J.
(4)
The validity of any proceedings of a sixth form college corporation,
or of any committee of the corporation, is not affected by—
35
(a)
a vacancy among the members, or
(b)
a defect in the appointment or nomination of a member.
(5)
Subsection (6) applies to a document purporting to be an instrument
made or issued by or on behalf of a sixth form college corporation
and to be—
40
(a)
duly executed under the seal of the corporation, or
(b)
signed or executed by a person authorised by the corporation
to act in that behalf.

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(6)
The document is to be received in evidence and treated, without
further proof, as being made or issued by or on behalf of the
corporation unless the contrary is shown.
33J
Special provision for certain institutions
(1)
Despite anything in section 33I, the instrument of government of a
5
sixth form college corporation to which this section applies must
provide—
(a)
for the governing body of the relevant sixth form college to
include persons appointed for the purpose of securing so far
as practicable that the established character of the sixth form
10
college is preserved and developed and, in particular, that
the sixth form college is conducted in accordance with any
trust deed relating to it, and
(b)
for the majority of members of the governing body of the
relevant sixth form college to be such governors.
15
(2)
This section applies to a sixth form college corporation in respect of
which the relevant sixth form college is specified, or falls within a
class specified, by the Secretary of State by order.
(3)
The reference in subsection (1)(a) to the established character of a
sixth form college is, in relation to a sixth form college established
20
shortly before or at the same time as the designation or establishment
of the sixth form college corporation in respect of which it is the
relevant sixth form college, a reference to the character which the
sixth form college is intended to have on its establishment.
33K
Instrument and articles of new sixth form college corporations
25
(1)
The first instrument of government and articles of government of a
sixth form college corporation established under section 33C are to
be made by the YPLA.
(2)
Before making an instrument or articles for a sixth form college
corporation under this section the YPLA must consult the
30
corporation.
33L
Changes to instruments and articles
(1)
The YPLA may—
(a)
if a sixth form college corporation submits a draft of an
instrument of government to have effect in place of their
35
existing instrument, by order make a new instrument of
government in terms of the draft or in such terms as it thinks
fit, and
(b)
if a sixth form college corporation submits draft
modifications of an instrument made under paragraph (a), by
40
order modify the instrument in terms of the draft or in such
terms as it thinks fit.
(2)
The YPLA may not make a new instrument otherwise than in terms
of the draft, or modify the instrument otherwise than in terms of the
draft, unless it has consulted the corporation.
45

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(3)
The YPLA may by order modify, replace or revoke an instrument of
government or articles of government of a sixth form college
corporation.
(4)
An order under subsection (3)—
(a)
may relate to all sixth form college corporations, to a category
5
of sixth form college corporations specified in the order or to
a sixth form college corporation specified in the order, but
(b)
may not be made unless the YPLA has consulted each sixth
form college corporation to which the order relates.
(5)
A sixth form college corporation may, with the consent of the
10
YPLA—
(a)
make new articles of government in place of their existing
articles, or
(b)
modify their existing articles.
(6)
The YPLA may by a direction under this section require sixth form
15
college corporations, a class of sixth form college corporations
specified in the direction or any particular sixth form college
corporation specified in the direction—
(a)
to modify, replace or revoke their articles of government in
any manner specified in the direction, or
20
(b)
to secure that any rules or bye-laws made in pursuance of
their articles of government are modified, replaced or
revoked in any manner specified in the direction.
(7)
Before giving a direction under this section the YPLA must consult
the sixth form college corporation or (as the case may be) each sixth
25
form college corporation to which the direction applies.
33M
Charitable status of a sixth form college corporation
A sixth form college corporation is a charity within the meaning of the
Charities Act 1993 (and in accordance with Schedule 2 to that Act is
an exempt charity for the purposes of that Act).
30
33N
Dissolution of sixth form college corporations
(1)
Subject to the following provisions of this section, the Secretary of
State may by order provide for—
(a)
the dissolution of a sixth form college corporation, and
(b)
the transfer to a person mentioned in subsection (4) or (6) of
35
property, rights and liabilities of the corporation.
(2)
An order under subsection (1) may be made only if a proposal
relating to the order has been made by the responsible local
education authority and it appears to the Secretary of State that the
requirements in subsection (3) have been met in relation to the
40
proposal.
(3)
The requirements are that—
(a)
the authority have published the proposal by the prescribed
time and in the prescribed manner;
(b)
the proposal as published contained prescribed information;
45
(c)
the authority have considered any representations about the
proposal made to them within the prescribed period.