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
183

(4)
Property, rights and liabilities may (subject to subsection (5)) be
transferred to—
(a)
a person appearing to the Secretary of State to be wholly or
mainly engaged in the provision of educational facilities or
services of any description, or
5
(b)
a body corporate established for purposes which include the
provision of such facilities or services.
(5)
Property, rights and liabilities may be transferred to a person or body
under subsection (4) only with the consent of the person or body.
(6)
Property, rights and liabilities may be transferred to the responsible
10
local education authority.
(7)
Where the recipient of a transfer under an order under this section is
not a charity established for charitable purposes which are
exclusively educational purposes, any property transferred must be
transferred on trust to be used for charitable purposes which are
15
exclusively educational purposes.
(8)
An order under this section may make provision about the transfer
of staff (including provision applying section 26 with such
modifications as the Secretary of State may consider necessary or
desirable).
20
(9)
Before making an order under this section in respect of a sixth form
college corporation the Secretary of State must consult—
(a)
the corporation, and
(b)
the YPLA.
(10)
In this section “charity” and “charitable purposes” have the same
25
meanings as in the Charities Act 1993.”
4
In section 34(1) (making additional property available for use) after
“institution within the further education sector” insert “other than a sixth
form college”.
5
In section 52A(1) (duty to safeguard pupils receiving secondary education)
30
after “by virtue of section 18(1)(aa) or (ab) of this Act,” insert—
“(aa)
by a sixth form college corporation by virtue of section
33E(1)(b) or (c) of this Act,”.
6
In section 56A(1) (intervention: England) after “institution in England within
the further education sector” insert “other than a sixth form college”.
35
7
In section 56C(1) (directions as to exercise of section 56A powers) after
“institution in England within the further education sector” insert “other
than a sixth form college”.
8
After section 56D (inserted by Schedule 6) insert—
“56E
Intervention by LEAs: sixth form colleges
40
(1)
This section applies in relation to a sixth form college if the
responsible local education authority are satisfied as to one or more
the matters listed in subsection (2) in relation to the sixth form
college; and it is immaterial whether or not a complaint is made by
any person.
45

Apprenticeships, Skills, Children and Learning Bill
Schedule 8 — Sixth form college sector
184

(2)
The matters are—
(a)
that the sixth form college’s affairs have been or are being
mismanaged by its governing body;
(b)
that the sixth form college’s governing body have failed to
discharge any duty imposed on them by or for the purposes
5
of any Act;
(c)
that the sixth form college’s governing body have acted or are
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;
10
(d)
that the sixth form college is performing significantly less
well than it might in all the circumstances reasonably be
expected to perform, or is failing or likely to fail to give an
accepted standard of education or training.
(3)
If this section applies the authority may do one or more of the things
15
listed in subsection (6).
(4)
Before doing one or more of those things, the authority must give the
Secretary of State and the YPLA a notice stating—
(a)
the matter or matters listed in subsection (2) as to which the
authority are satisfied;
20
(b)
the reasons why the authority are so satisfied;
(c)
the thing or things that the authority propose to do;
(d)
the reasons why the authority propose to do that thing or
those things.
(5)
If the authority do one or more of those things, the authority must at
25
the same time give the sixth form college’s governing body a notice
stating—
(a)
the matter or matters listed in subsection (2) as to which the
authority are satisfied;
(b)
the reasons why the authority have decided to do that thing
30
or those things.
(6)
The authority may—
(a)
remove all or any of the members of the sixth form college’s
governing body;
(b)
appoint new members of that body if there are vacancies
35
(however arising);
(c)
give to that body such directions as the authority think
expedient as to the exercise of the body’s powers and
performance of the body’s duties.
(7)
The directions that may be given to a governing body under this
40
section include a direction requiring a governing body to make
collaboration 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.
(8)
Directions may be given to a governing body under this section
45
despite any enactment making the exercise of a power or
performance of a duty contingent on the body’s opinion.

Apprenticeships, Skills, Children and Learning Bill
Schedule 8 — Sixth form college sector
185

(9)
The authority may not direct a governing body under subsection
(6)(c) to dismiss a member of staff.
(10)
But subsection (9) does not prevent the authority, where the
authority consider that it may be appropriate to dismiss a member of
staff whom the governing body have power under the governing
5
body’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.
10
(11)
A governing body must comply with any directions given to them
under this section.
(12)
An appointment of a member of a governing body under this section
shall have effect as if made in accordance with the governing body’s
instrument of government and articles of government.
15
56F
Appointment by LEAs of members of sixth form college governing
body
(1)
The responsible local education authority for a sixth form college
may appoint a person to be a member of the governing body of the
sixth form college.
20
(2)
But no more than two members of the governing body of a sixth form
college may at any given time have been appointed under this
section.
(3)
A member of the governing body of a sixth form college who was
appointed before the relevant commencement date by the Learning
25
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
by the responsible local education authority under this section.
(4)
“The relevant commencement date” is the date on which section 120
of the Apprenticeships, Skills, Children and Learning Act 2009
30
comes into force.
56G
Intervention policy: sixth form colleges
(1)
The YPLA must—
(a)
prepare a statement of the policy to be followed by local
education authorities with respect to the exercise of their
35
powers under section 56E,
(b)
keep the statement under review, and
(c)
if it considers it appropriate in consequence of a review,
prepare a revised statement.
(2)
When preparing a statement or revised statement, the YPLA must—
40
(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.
(3)
Guidance given to the YPLA under section 73 of the
Apprenticeships, Skills, Children and Learning Act 2009 in
45
connection with the performance of its functions under this section

Apprenticeships, Skills, Children and Learning Bill
Schedule 8 — Sixth form college sector
186

may, in particular, relate to the form and content of the policy to be
set out in a statement or revised statement.
(4)
The YPLA must send a copy of the statement or revised statement
prepared by it to the Secretary of State.
(5)
If the Secretary of State approves it the Secretary of State must lay a
5
copy of it before each House of Parliament.
(6)
The YPLA must publish—
(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.
10
(7)
A local education authority must have regard to the statement most
recently published under subsection (6) in exercising, or deciding
whether to exercise, any of their powers under section 56E in relation
to a sixth form college.
56H
Intervention by YPLA
15
(1)
This section applies if—
(a)
the YPLA proposes to secure the provision of education or
training at a sixth form college in the exercise of the power
conferred by section 63 of the Apprenticeships, Skills,
Children and Learning Act 2009, and
20
(b)
the YPLA is satisfied—
(i)
as to one or more of the matters listed in section 56E(2)
in relation to the sixth form college, and
(ii)
that the circumstances are such that it would be
appropriate for the responsible local education
25
authority to do one or more of the things listed in
section 56E(6) in relation to the sixth form college.
(2)
If this section applies the YPLA may do one or more of the things
listed in subsection (5).
(3)
Before doing one or more of those things, the YPLA must give the
30
Secretary of State a notice stating—
(a)
the matter or matters listed in section 56E(2) as to which the
YPLA is satisfied;
(b)
the reasons why the YPLA is so satisfied;
(c)
the thing or things that the YPLA proposes to do;
35
(d)
the reasons why the YPLA proposes to do that thing or those
things.
(4)
If the YPLA does one or more of those things, it must at the same time
give the sixth form college’s governing body a notice stating—
(a)
the matter or matters listed in section 56E(2) as to which the
40
YPLA is satisfied;
(b)
the reasons why the YPLA has decided to do that thing or
those things.
(5)
The YPLA may—
(a)
remove all or any of the members of the sixth form college’s
45
governing body;

Apprenticeships, Skills, Children and Learning Bill
Schedule 8 — Sixth form college sector
187

(b)
appoint new members of that body if there are vacancies
(however arising);
(c)
give to that body such directions as the YPLA thinks
expedient as to the exercise of the body’s powers and
performance of the body’s duties.
5
(6)
The directions that may be given to a governing body under this
section include a direction requiring a governing body to make
collaboration 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.
10
(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 contingent on the body’s opinion.
(8)
The YPLA may not direct a governing body under subsection (5)(c)
to dismiss a member of staff.
15
(9)
But subsection (8) does not prevent the YPLA, where it considers that
it may be appropriate to dismiss a member of staff whom the
governing body have power to dismiss under their articles of
government, from giving the governing body such directions under
this section as are necessary to secure that the procedures applicable
20
to the consideration of the case for dismissal of that member of staff
are given effect to in relation to that member of staff.
(10)
A governing body must comply with any directions given to them
under this section.
(11)
An appointment of a member of a governing body under this section
25
shall have effect as if made in accordance with the governing body’s
instrument of government and articles of government.
56I
Appointment by YPLA of members of sixth form college governing
body
(1)
The YPLA may appoint a person to be a member of the governing
30
body of a sixth form college.
(2)
But no more than two members of the governing body of a sixth form
college may at any given time have been appointed under this
section.
(3)
A member of the governing body of a sixth form college who was
35
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
by the YPLA under this section.
(4)
“The relevant commencement date” is the date on which section 120
40
of the Apprenticeships, Skills, Children and Learning Act 2009
comes into force.