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Apprenticeships, Skills, Children and Learning Bill


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

191

 

(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

section include a direction requiring a governing body to make

5

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

despite any enactment making the exercise of a power or

10

performance of a duty contingent on the body’s opinion.

(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

15

staff whom the governing body have power under the governing

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

20

member of staff.

(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

25

instrument of government and articles of government.

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

30

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 responsible local education authority under this section.

(4)   

“The relevant commencement date” is the date on which section 121

40

of the Apprenticeships, Skills, Children and Learning Act 2009

comes into force.

56G     

Intervention policy: sixth form colleges

(1)   

The YPLA must—

 
 

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

192

 

(a)   

prepare a statement of the policy to be followed by local

education authorities with respect to the exercise of their

powers under section 56E,

(b)   

keep the statement under review, and

(c)   

if it considers it appropriate in consequence of a review,

5

prepare a revised statement.

(2)   

When preparing a statement or revised statement, the YPLA must—

(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.

10

(3)   

Guidance given to the YPLA under section 74 of the

Apprenticeships, Skills, Children and Learning Act 2009 in

connection with the performance of its functions under this section

may, in particular, relate to the form and content of the policy to be

set out in a statement or revised statement.

15

(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

copy of it before each House of Parliament.

(6)   

The YPLA must publish—

20

(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.

(7)   

A local education authority must have regard to the statement most

recently published under subsection (6) in exercising, or deciding

25

whether to exercise, any of their powers under section 56E in relation

to a sixth form college.

56H     

Intervention by YPLA

(1)   

This section applies if—

(a)   

the YPLA proposes to secure the provision of education or

30

training at a sixth form college in the exercise of the power

conferred by section 64 of the Apprenticeships, Skills,

Children and Learning Act 2009, and

(b)   

the YPLA is satisfied—

(i)   

as to one or more of the matters listed in section 56E(2)

35

in relation to the sixth form college, and

(ii)   

that the circumstances are such that it would be

appropriate for the responsible local education

authority to do one or more of the things listed in

section 56E(6) in relation to the sixth form college.

40

(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

Secretary of State a notice stating—

(a)   

the matter or matters listed in section 56E(2) as to which the

45

YPLA is satisfied;

 
 

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

193

 

(b)   

the reasons why the YPLA is so satisfied;

(c)   

the thing or things that the YPLA proposes to do;

(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

5

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

YPLA is satisfied;

(b)   

the reasons why the YPLA has decided to do that thing or

those things.

10

(5)   

The YPLA 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

(however arising);

15

(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.

(6)   

The directions that may be given to a governing body under this

section include a direction requiring a governing body to make

20

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.

(7)   

Directions may be given to a governing body under this section

despite any enactment making the exercise of a power or

25

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.

(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

30

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

to the consideration of the case for dismissal of that member of staff

are given effect to in relation to that member of staff.

35

(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

shall have effect as if made in accordance with the governing body’s

instrument of government and articles of government.

40

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

body of a sixth form college.

(2)   

But no more than two members of the governing body of a sixth form

45

college may at any given time have been appointed under this

section.

 
 

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

194

 

(3)   

A member of the governing body of a sixth form college who was

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.

5

(4)   

“The relevant commencement date” is the date on which section 121

of the Apprenticeships, Skills, Children and Learning Act 2009

comes into force.

56J     

Notification by Chief Executive of Skills Funding of possible grounds

for intervention

10

(1)   

This section applies if the Chief Executive is of the view that any of

the matters listed in section 56E(2) applies in relation to a sixth form

college.

(2)   

The Chief Executive must notify the responsible local education

authority and the YPLA of that view.

15

(3)   

The responsible local education authority must have regard to the

Chief Executive’s view in deciding whether to exercise their powers

under section 56E.

(4)   

The YPLA must have regard to the Chief Executive’s view in

deciding whether to exercise its powers under section 56H.”

20

9          

In section 88(1) (stamp duty) after “32,” insert “33N,”.

10         

In section 88A(1) (stamp duty land tax) after “32” insert “, 33N”.

11    (1)  

Section 89 (orders, regulations and directions) is amended as follows.

      (2)  

In subsection (2)—

(a)   

after “30(2)(b),” insert “33A(5)(b),”;

25

(b)   

after “those sections” insert “or section 33L”.

      (3)  

In subsection (4) for “Secretary of State” substitute “person or body making

the order or regulations”.

      (4)  

For subsection (5) substitute—

“(5)   

Section 570 of the Education Act 1996 (revocation and variation)

30

applies to directions given by any person or body under this Act as

it applies to directions given by the Secretary of State or a local

education authority under that Act.”

12    (1)  

Section 90(1) (interpretation) is amended as follows.

      (2)  

In paragraph (a) of the definition of “governing body” after “further

35

education corporation” insert “, a sixth form college corporation”.

      (3)  

At the end insert—

““the relevant sixth form college”, in relation to a sixth form

college corporation, means the educational institution

specified in the order under this Act designating the

40

corporation as a sixth form college corporation or

establishing it as such,

“the responsible local education authority”—

 
 

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

195

 

(a)   

in relation to a proposal relating to the establishment

of a sixth form college corporation, means the local

education authority in whose area the relevant sixth

form college, or its main site, is proposed to be

situated;

5

(b)   

in relation to a sixth form college corporation, means

the local education authority in whose area the

relevant sixth form college, or its main site, is situated;

(c)   

in relation to a sixth form college, means the local

education authority in whose area the sixth form

10

college, or its main site, is situated,

“sixth form college corporation” means a body corporate—

(a)   

designated as a sixth form college corporation under

section 33A or 33B, or

(b)   

established under section 33C,

15

“the YPLA” means the Young People’s Learning Agency for

England.”

      (4)  

After subsection (2) insert—

“(2ZA)   

The Secretary of State may give guidance on which of a sixth form

college’s sites is to be taken to be its main site for the purposes of the

20

definition of “the responsible local education authority” in

subsection (1).”

13    (1)  

Section 91 (interpretation of Education Acts) is amended as follows.

      (2)  

In subsection (3) (institutions within the further education sector) after

paragraph (b) insert “and

25

(c)   

sixth form colleges,”

      (3)  

After subsection (3) insert—

“(3A)   

References to sixth form colleges are to institutions conducted by

sixth form college corporations.”

14         

In section 92 (index) at the appropriate places insert—

30

 

“relevant sixth form college”

section 90(1)

 
 

“responsible local education

section 90(1)

 
 

authority”

  
 

“sixth form college”

section 91(3A)

 
 

“sixth form college corporation”

section 90(1)

 

35

 

“the YPLA”

section 90(1)

 

15    (1)  

Schedule 4 (instruments and articles of government for further education

corporations) is amended as follows.

      (2)  

For paragraph 1 substitute—

“1         

In this Schedule—

40

 
 

Apprenticeships, Skills, Children and Learning Bill
Schedule 9 — The Office of Qualifications and Examinations Regulation

196

 

“instrument” means an instrument of government or articles

of government;

“the institution” means—

(a)   

in the case of a further education corporation, the

institution which the corporation is established to

5

conduct;

(b)   

in the case of a sixth form college corporation, the

relevant sixth form college.”

      (3)  

In paragraph 1A, after “appointment of members” insert “of a further

education corporation”.

10

      (4)  

After paragraph 1A insert—

“1B        

Provision made by an instrument under this Schedule in relation

to the appointment of members of a sixth form college corporation

must take into account the members who may be appointed by—

(a)   

the responsible local education authority under section

15

56F;

(b)   

the YPLA under section 56I.”

      (5)  

In paragraph 2(1) after “further education corporation” insert “or sixth form

college corporation”.

      (6)  

In the title, after “further education corporations” insert “and sixth form

20

college corporations”.

Schedule 9

Section 125

 

The Office of Qualifications and Examinations Regulation

Status

1          

Ofqual is to perform its functions on behalf of the Crown.

25

Membership

2     (1)  

Ofqual is to consist of—

(a)   

a member appointed by Her Majesty by Order in Council to chair

Ofqual,

(b)   

between 7 and 12 members appointed by the Secretary of State (the

30

“ordinary members”), and

(c)   

the chief executive of Ofqual.

      (2)  

The Secretary of State may appoint one of the ordinary members as deputy

to the person appointed to chair Ofqual (“the deputy”).

      (3)  

One of the ordinary members (the “Northern Ireland member”) must be a

35

person appointed following consultation with the Department for

Employment and Learning in Northern Ireland.

 
 

Apprenticeships, Skills, Children and Learning Bill
Schedule 9 — The Office of Qualifications and Examinations Regulation

197

 

The Chief Regulator

3     (1)  

The person appointed by Her Majesty to chair Ofqual is to be known as the

Chief Regulator of Qualifications and Examinations.

      (2)  

In this Schedule that person is referred to as “the Chief Regulator”.

      (3)  

The Chief Regulator holds and vacates office in accordance with the terms of

5

the appointment.

      (4)  

Those terms are to be determined by the Secretary of State, subject to the

following provisions of this Schedule.

      (5)  

The Chief Regulator must not be appointed for a term of more than 5 years.

      (6)  

The Chief Regulator may resign from office at any time by giving written

10

notice to the Secretary of State.

      (7)  

Her Majesty may remove the Chief Regulator from office on either of the

following grounds—

(a)   

inability or unfitness to carry out the duties of office;

(b)   

absence from Ofqual’s meetings for a continuous period of more

15

than 6 months without Ofqual’s permission.

      (8)  

The previous appointment of a person as Chief Regulator does not affect the

person’s eligibility for re-appointment.

The deputy and other ordinary members: tenure

4     (1)  

The deputy and other ordinary members hold and vacate office in

20

accordance with the terms of their appointments, subject to the following

provisions of this Schedule.

      (2)  

An ordinary member must not be appointed for a term of more than 5 years.

      (3)  

The deputy and other ordinary members may resign from office at any time

by giving written notice to the Secretary of State.

25

      (4)  

The Secretary of State may remove the deputy from office if the Secretary of

State thinks it appropriate to do so.

      (5)  

The Secretary of State may remove an ordinary member from office on either

of the following grounds—

(a)   

inability or unfitness to carry out the duties of office;

30

(b)   

absence from Ofqual’s meetings for a continuous period of more

than 6 months without Ofqual’s permission.

      (6)  

The Secretary of State must consult the Department for Employment and

Learning in Northern Ireland before removing the Northern Ireland

member from office.

35

      (7)  

The previous appointment of a person as the deputy or another ordinary

member does not affect the person’s eligibility for re-appointment.

      (8)  

If the deputy ceases to be an ordinary member, the person also ceases to be

the deputy.

 
 

 
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