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130
After Clause 27, insert the following new clause--
Baroness Blackstone: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 130.
Moved, That the House do agree with the Commons in their Amendment No. 130.--(Baroness Blackstone.)
On Question, Motion agreed to.
(" . At the end of section 77(4) of the Further and Higher Education Act 1992 (use of "university" in title of institution), there shall be added ", unless in that name that word is immediately followed by the word "college" or "collegiate"." ").
131
After Clause 27, insert the following new clause--
(".--(1) After section 125 of the Education Reform Act 1988 there shall be inserted--
125A.--(1) A higher education corporation shall be a charity which is an exempt charity for the purposes of the Charities Act 1993.
(2) So far as it is a charity, any institution which--
(a) is administered by or on behalf of any higher education corporation, and
(b) is established for the general purposes of, or for any special purpose of or in connection with, that corporation,
shall also be an exempt charity for the purposes of the Charities Act 1993.
(3) In this section "charity" and "institution" have the same meaning as in the Charities Act 1993."
(2) After section 22 of the Further and Higher Education Act 1992 there shall be inserted--
22A.--(1) A further education corporation shall be a charity which is an exempt charity for the purposes of the Charities Act 1993.
(2) So far as it is a charity, any institution which--
(a) is administered by or on behalf of any further education corporation, and
(b) is established for the general purposes of, or for any special purpose of or in connection with, that corporation,
shall also be an exempt charity for the purposes of the Charities Act 1993.
(3) In this section "charity" and "institution" have the same meaning as in the Charities Act 1993." ").
Lord Whitty: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 131. I shall speak also to Amendments Nos. 148 and 150.
These amendments deal with the exempt charitable status of further and higher education corporations. This is not a new matter. The last government made provision in the Education Reform Act 1988 to give higher education corporations exempt charitable status. The same arrangements were made for further education corporations when further education colleges became independent. Exempt charitable status confers certain financial advantages; for example, in respect of VAT treatment and rate relief.
Part of Clause 21 of the School Standards and Framework Bill makes comparable provision to deal with the exempt charitable status of the governing bodies of foundation, voluntary and foundation special schools. It is desirable to have consistent legal treatment of the school, further and higher education governing
Moved, That the House do agree with the Commons in their Amendment No. 131.--(Lord Whitty.)
On Question, Motion agreed to.
132
Clause 29, page 27, line 10, at end insert--
Lord Whitty: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 132. I shall speak also to Amendments Nos. 135 to 138, 140 and 149.
These are purely technical amendments. Amendment No. 132 simply defines the terms "functions" and "modifications" for the purposes of the Bill.
Amendments Nos. 135 to 138 amend the provisions of the Bill which relate to its geographical extent. For the most part these amendments are simple consequentials; for example, to enable the new clause relating to the Scottish GTC to extend to Scotland. In addition, there are a number of technical changes needed to ensure that the new student support regime can operate effectively on a UK basis.
Amendment No. 140 simply removes the standard subsection that was inserted to allow the Bill to be properly debated in this House. It needs to be removed to allow the Bill to work once it has received Royal Assent.
Finally, Amendment No. 149 is a consequential technical drafting amendment which provides for the repeal of certain provisions in the Education (Fees and Awards) Act 1983 and the Education Act 1980 which will become redundant when the Education Act 1962 is repealed by an order made under this Bill.
Moved, That the House do agree with the Commons in their Amendment No. 132.--(Lord Whitty.)
On Question, Motion agreed to.
(""functions" includes powers and duties;
"modifications" includes additions, alterations and omissions, and "modify" shall be construed accordingly;").
133
Clause 29, page 27, line 11, leave out ("and") and insert--
Page 27, line 13, at end insert--
Clause 31, page 27, line 21, leave out ("to 21") and insert (",(Transfer or delegation of functions relating to student support), (Supply of information in connection with student loans), 20 and 21").
Clause 32, page 28, line 1, leave out from ("Scotland") to the end of line 5 and insert ("only--
Page 28, line 5, at end insert--
Page 28, line 6, at end insert--
Page 28, line 6, at end insert--
Page 28, leave out lines 12 to 15.
(""registered teacher" means (subject to paragraph 8 of Schedule (Disciplinary powers of Council)) a person for the time being registered under section 4;").
134
("(2) In the following provisions of this Act, namely--
(a) sections 11, (Prohibitions or restrictions on employment of teachers imposed by Secretary of State) and 16, and
(b) Schedule (Disciplinary powers of Council),
"employer", in relation to a teacher, includes a local education authority, governing body or other person who engage (or make arrangements for the engagement of) that
person to provide his services as a teacher otherwise than under a contract of employment, and "employed", "employment" and any expressions relating to the termination of employment shall be construed accordingly.").
135
136
sections 14 and (Representation of special educational needs teachers on General Teaching Council for Scotland),
section 18,
sections 24 and (Supply of information in connection with student loans: Scotland), except that subsections (3) and (5C) of section 73A, and section 73ZA so far as relating to any function exercisable by virtue of those subsections, of the Education (Scotland) Act 1980 (which are inserted by section 24) shall also extend to England and Wales and Northern Ireland,
section 25, and
sections (Joint exercise of functions of funding councils in Scotland) and (Scottish Further Education Funding Council: "relevant body" for purposes of section 19(5) of the Disability Discrimination Act 1995).").
137
("(6A) The following provisions also extend to Scotland--
section 19 so far as relating to the making of any provision authorised by subsection (2)(a), (c), (j) or (k), (3)(d) or (5) of that section,
section (Transfer or delegation of functions relating to student support) so far as relating to any function exercisable by virtue of any provision so authorised,
sections 26 and 27,
section (Unauthorised use of "university" in title of educational institution, etc.),
section 28, and
this section.").
138
("section 19 so far as relating to the making of any provision authorised by subsection (2)(a), (c), (j) or (k), (3)(d) or (5) of that section,
section (Transfer or delegation of functions relating to student support) so far as relating to any function exercisable by virtue of any provision so authorised,").
139
("section (Unauthorised use of "university" in title of educational institution, etc.),").
140
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