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 7 — Learning and Skills Council for England: transfer schemes
177

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 Act 2005 (c. 18)
54
In section 108 of the Education Act 2005 (supply of information: education
maintenance allowances), in subsection (3)—
(a)
in paragraph (b) for “Learning and Skills Council for England”
substitute “Chief Executive of Skills Funding”;
10
(b)
after paragraph (b) insert—
“(ba)
the Young People’s Learning Agency for
England;”;
(c)
in paragraph (f) for the words from “the Secretary of State” to the end
substitute “a person within paragraphs (a) to (e)”.
15
Education and Inspections Act 2006 (c. 40)
55
The Education and Inspections Act 2006 is amended as follows.
56
Section 75 (education and training to satisfy entitlements) ceases to have
effect.
Further Education and Training Act 2007 (c. 25)
20
57
The Further Education and Training Act 2007 is amended as follows.
58
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.
59
Sections 14 to 16 (transfer of functions of Secretary of State in relation to
25
further education corporations to the Learning and Skills Council for
England) cease to have effect.
Schedule 7
Section 122

Learning and Skills Council for England: transfer schemes
Staff transfer schemes
30
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
35
transfer of an employee of the LSC to a permitted transferee.
      (2)
The staff transfer scheme may provide—

Apprenticeships, Skills, Children and Learning Bill
Schedule 7 — Learning and Skills Council for England: transfer schemes
178

(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
permitted transferee, or
(ii)
as the conditions of service as a member of staff of the
5
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
employee’s contract of employment;
(c)
for anything done (or having effect as if done) before that transfer by
10
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 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
15
which the person was a member of the permitted transferee’s staff (and for
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
20
of the permitted transferee’s staff not to become such a member of
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
25
the transfer scheme comes into force.
      (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
30
LSC to a permitted transferee despite any provision, of whatever nature,
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—
35
(a)
so far as may be consistent with employment in the civil service of
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
40
liabilities of the LSC under or in connection with the 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
to be treated as having been done by or in relation to the Crown.
45
      (3)
The staff transfer scheme may provide for a period before the employee
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.

Apprenticeships, Skills, Children and Learning Bill
Schedule 7 — Learning and Skills Council for England: transfer schemes
179

      (4)
The staff transfer scheme may provide—
(a)
for an employee of the LSC who would otherwise become employed
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
5
(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.
      (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
10
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
nature, which would otherwise prevent the person from being so employed.
Property transfer schemes
15
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—
(a)
a permitted transferee,
(b)
the Secretary of State, or
20
(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
transferred by virtue of the scheme;
(b)
provide for anything done by or in relation to the LSC in connection
25
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;
(c)
apportion property, rights and liabilities;
(d)
make provision about the continuation of legal proceedings.
30
      (3)
The things that may be transferred by a property transfer scheme include—
(a)
property, rights and liabilities that could not otherwise be
transferred;
(b)
property acquired, and rights and liabilities arising, after the making
of the scheme.
35
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
before the transfer takes effect.
Supplementary provision etc.
40
6
A staff transfer scheme or a property transfer scheme may include
supplementary, incidental, transitional and consequential provision.

Apprenticeships, Skills, Children and Learning Bill
Schedule 8 — Sixth form college sector
180

Interpretation
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;
5
“the LSC” means the Learning and Skills Council for England;
“permitted transferee” means—
(a)
a local education authority in England;
(b)
the Young People’s Learning Agency for England;
(c)
any other person specified in an order made by the Secretary
10
of State.
Schedule 8
Section 123

Sixth form college sector
1
The Further and Higher Education Act 1992 is amended as follows.
2
In section 17(1) (meaning of “further education corporation”) after “by virtue
15
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
corporations
20
(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.
(2)
A body corporate is within this subsection if it is—
25
(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
in England.
30
(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;
(b)
a body corporate within subsection (2)(b) ceases to be subject
35
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
designation under section 28 which has effect in relation to
40
the relevant sixth form college ceases to have effect.

Apprenticeships, Skills, Children and Learning Bill
Schedule 8 — Sixth form college sector
181

(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
and articles of government of the body and the relevant sixth
form college;
5
(b)
make provision as to the initial name of the corporation as a
sixth form college corporation.
(5)
The power conferred by subsection (1)—
(a)
is exercisable only once;
(b)
is not exercisable after the date specified in an order made by
10
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
within subsection (2) as a sixth form college corporation, for the
15
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
institution in England, or
20
(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—
(a)
an application for the order has been made by the governing
25
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
of State that on the date on which the application is made at least 80%
30
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
accordance with paragraph 1(2) of Schedule 3.
(6)
On the date specified in the order—
35
(a)
a body corporate within subsection (2)(a) ceases to be a
further education corporation and becomes a sixth form
college corporation;
(b)
a body corporate within subsection (2)(b) ceases to be subject
to the order under section 143(4) of the Learning and Skills
40
Act 2000 establishing it and becomes a sixth form college
corporation;
(c)
in the case of a body corporate within subsection (2)(b), a
designation under section 28 which has effect in relation to
the relevant sixth form college ceases to have effect.
45
(7)
An order under subsection (1) may—

Apprenticeships, Skills, Children and Learning Bill
Schedule 8 — Sixth form college sector
182

(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;
(b)
make provision as to the initial name of the corporation as a
5
sixth form college corporation.
(8)
The power conferred by subsection (1) is exercisable only after the
date specified in an order under section 33A(5)(b).
33C
Establishment of new bodies corporate as sixth form college
corporations
10
(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
educational institution specified in the order.
(2)
An order under subsection (1) may be made only if—
15
(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
been met in relation to the proposal, and
(b)
it appears to the Secretary of State that the institution will
20
when established be one within subsection (4).
(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;
25
(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—
(a)
the institution is in England, and
(b)
on the date on which it is proposed to be established, at least
30
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
accordance with paragraph 1(2) of Schedule 3.
(6)
An order under subsection (1)—
35
(a)
must provide for the institution to be established and
conducted by the body corporate as from the date specified
in the order;
(b)
may make provision as to the initial name of the corporation
as a sixth form college corporation.
40
33D
Conversion of sixth form college corporations into further education
corporations
(1)
The Secretary of State may by order convert a sixth form college
corporation into a further education corporation.
(2)
An order under subsection (1) may be made only if—
45

Apprenticeships, Skills, Children and Learning Bill
Schedule 8 — Sixth form college sector
183

(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
appropriate for the body to be a sixth form college
corporation.
5
(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
takes effect.
(4)
The Secretary of State must consult the governing body of the
10
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.
(6)
An order under subsection (1) may—
15
(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;
(b)
make provision as to the initial name of the corporation as a
20
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,
(b)
provide secondary education suitable to the requirements of
25
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
school,
30
(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.
(3)
A sixth form college corporation may not provide education of a
35
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
with the provision of education by a sixth form college corporation if
40
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,
(b)
the use of their facilities or the expertise of persons employed
45
by them in the fields in which they are so employed, or