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
184

(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
connection with the provision of education by a sixth form college
corporation if—
5
(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,
(b)
they are provided by making available their facilities or the
expertise of persons employed by them in the fields in which
10
they are so employed, or
(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
15
(1)
A sixth form college corporation may do anything (including in
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.
20
(2)
A sixth form college corporation may conduct an educational
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
25
designating or establishing the corporation as a sixth form college
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
30
undertaken in the exercise of their principal powers.
(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
35
difficulties.
(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
40
staff for the purposes of or in connection with
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,
45
(c)
form, participate in forming or invest in a company,

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Schedule 8 — Sixth form college sector
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(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—
5
(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,
10
charge or other security in respect of any land or other
property of the corporation,
(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
15
hold and administer it on trust for, any of those purposes,
(i)
do anything incidental to the conduct of an educational
institution providing further or higher education, including
founding scholarships or exhibitions, making grants and
giving prizes.
20
(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—
(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
25
the person from making use of facilities of a kind generally
provided by institutions within the further education sector
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
30
will be taught is different from a language (or form of language)
which has at any time been spoken in the person’s home.
(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
35
otherwise.
33G
Further provision about supplementary powers
(1)
The power conferred by section 33F(6)(c) may not be exercised for
the purpose of—
(a)
conducting an educational institution, or
40
(b)
investing in a company conducting an educational
institution.
(2)
The power conferred by section 33F(6)(d) may not be exercised for
the purpose of—
(a)
conducting an educational institution, or
45
(b)
becoming a member of a charitable incorporated
organisation conducting an educational institution.

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Schedule 8 — Sixth form college sector
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(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
5
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
10
way which does not comply with the restriction in that subsection.
(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
15
or for borrowing of a particular class.
(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
20
college corporation must have regard, amongst other things, to the
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
25
corporation, means the locality of the relevant sixth form
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
30
form college
(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
35
(b)
an instrument in accordance with which the corporation, and
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
40
(b)
may make any provision authorised to be made by that
Schedule and such other provision as may be necessary or
desirable.
(3)
Subsection (2) is subject to section 33J.

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Schedule 8 — Sixth form college sector
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(4)
The validity of any proceedings of a sixth form college corporation,
or of any committee of the corporation, is not affected by—
(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
5
made or issued by or on behalf of a sixth form college corporation
and to be—
(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.
10
(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
15
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
20
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.
25
(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
30
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
35
(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
40
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
45
existing instrument, by order make a new instrument of

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Schedule 8 — Sixth form college sector
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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
order modify the instrument in terms of the draft or in such
5
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.
(3)
The YPLA may by order modify, replace or revoke an instrument of
10
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
of sixth form college corporations specified in the order or to
15
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
YPLA—
20
(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
college corporations, a class of sixth form college corporations
25
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
(b)
to secure that any rules or bye-laws made in pursuance of
30
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
form college corporation to which the direction applies.
35
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).
33N
Dissolution of sixth form college corporations
40
(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
property, rights and liabilities of the corporation.
45

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(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
proposal.
5
(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;
(c)
the authority have considered any representations about the
10
proposal made to them within the prescribed period.
(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
15
services of any description, or
(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.
20
(6)
Property, rights and liabilities may be transferred to the responsible
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
25
transferred on trust to be used for charitable purposes which are
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
30
desirable).
(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.
35
(10)
In this section “charity” and “charitable purposes” have the same
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”.
40
5
In section 52A(1) (duty to safeguard pupils receiving secondary education)
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
45
the further education sector” insert “other than a sixth form college”.

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Schedule 8 — Sixth form college sector
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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
5
(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.
10
(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
15
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;
20
(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
25
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;
30
(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
35
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
40
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
45
(however arising);