Learning and Skills Act 2000

2000 CHAPTER 21

An Act to establish the Learning and Skills Council for England and the National Council for Education and Training for Wales, to make other provision about education and training, and for connected purposes.

[28th July 2000]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Modifications etc. (not altering text)

C1 Act applied (1.6.2001) by S.I. 2001/1507, reg. 2, Sch. 2 para. 2

Act applied (1.9.2001) by S.I. 2001/2799, reg. 2, Sch. 2 para. 2

Act applied (15.10.2001) by S.I. 2001/3213, reg. 2, Sch. 2 para. 2

Act applied (1.1.2002) by S.I. 2001/3810, reg. 2, Sch. 2 para. 2

C2 Act applied (1.4.2005) by Central Sussex College (Government) Regulations 2005 (S.I. 2005/397), Sch. 2 para. 2

Part I E+W Learning and Skills Council for England

The Council E+W

F1 1 The Council. E+W

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Textual Amendments

F1 S. 1 repealed (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 6 para. 15, Sch. 16 Pt. 2; S.I. 2010/303, art. 3, Sch. 2 (with arts. 13, 14) (as amended (30.3.3010) by S.I. 2010/1151, art. 22)

Main duties E+W

F2 2 Education and training for persons aged 16 to 19. E+W

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Textual Amendments

F2 S. 2 repealed (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 6 para. 16, Sch. 16 Pt. 2; S.I. 2010/303, art. 3, Sch. 2 (with arts. 13, 14) (as amended (30.3.3010) by S.I. 2010/1151, art. 22)

F3 3 Education and training for persons over 19. E+W

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Textual Amendments

F3 S. 3 repealed (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 6 para. 17, Sch. 16 Pt. 2; S.I. 2010/303, art. 3, Sch. 2

F4 4 Encouragement of education and training. E+W

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Textual Amendments

F4 S. 4 repealed (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 6 para. 18, Sch. 16 Pt. 2; S.I. 2010/303, art. 3, Sch. 2

F5 4A Learning aims for persons over 19: provision of facilities E+W

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Textual Amendments

F5 Ss. 4A-4C repealed (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 6 para. 19, Sch. 16 Pt. 2; S.I. 2010/303, art. 3, Sch. 2

F5 4B Learning aims for persons over 19: payment of tuition fees E+W

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Textual Amendments

F5 Ss. 4A-4C repealed (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 6 para. 19, Sch. 16 Pt. 2; S.I. 2010/303, art. 3, Sch. 2

F5 4C Sections 4A and 4B: supplementary E+W

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Textual Amendments

F5 Ss. 4A-4C repealed (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 6 para. 19, Sch. 16 Pt. 2; S.I. 2010/303, art. 3, Sch. 2

Main powers E+W

F6 5 Provision of financial resources. E+W

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Textual Amendments

F6 S. 5 repealed (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 6 para. 20, Sch. 16 Pt. 2; S.I. 2010/303, art. 3, Sch. 2

F7 6 Financial resources: conditions. E+W

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Textual Amendments

F7 S. 6 repealed (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 6 para. 21, Sch. 16 Pt. 2; S.I. 2010/303, art. 3, Sch. 2

F8 7 Funding of school sixth-forms. E+W

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Textual Amendments

F8 S. 7 repealed (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 6 para. 22, Sch. 16 Pt. 2; S.I. 2010/303, art. 3, Sch. 2

F9 8 Links between education and training and employment. E+W

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Textual Amendments

F9 S. 8 repealed (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 6 para. 23, Sch. 16 Pt. 2; S.I. 2010/303, art. 3, Sch. 2

F10 9 Assessments and means tests. E+W

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Textual Amendments

F10 S. 9 repealed (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 6 para. 24, Sch. 16 Pt. 2; S.I. 2010/303, art. 3, Sch. 2

F11 10 Qualifying accounts and arrangements. E+W

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Textual Amendments

F11 S. 10 repealed (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 6 para. 25, Sch. 16 Pt. 2; S.I. 2010/303, art. 3, Sch. 2

F12 11 Further education: governors. E+W

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Textual Amendments

F12 S. 11 repealed (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 6 para. 26, Sch. 16 Pt. 2; S.I. 2010/303, art. 3, Sch. 2

Other functions E+W

F13 11A Support schemes relating to education and training for persons aged 10 to 15 E+W

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Textual Amendments

F13 S. 11A repealed (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 6 para. 27, Sch. 16 Pt. 2; S.I. 2010/303, art. 3, Sch. 2

F14 12 Research and information. E+W

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Textual Amendments

F14 S. 12 repealed (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 6 para. 28, Sch. 16 Pt. 2; S.I. 2010/303, art. 3, Sch. 2

F15 13 Persons with learning difficulties. E+W

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Textual Amendments

F15 S. 13 repealed (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 6 para. 29, Sch. 16 Pt. 2; S.I. 2010/303, art. 3, Sch. 2

F16 14 Equality of opportunity. E+W

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Textual Amendments

F16 S. 14 repealed (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 6 para. 30, Sch. 16 Pt. 2; S.I. 2010/303, art. 3, Sch. 2

F17 14A Consultation E+W

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Textual Amendments

F17 S. 14A repealed (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 6 para. 31, Sch. 16 Pt. 2; S.I. 2010/303, art. 3, Sch. 2

F18 15 Plans. E+W

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Textual Amendments

F18 S. 15 repealed (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 6 para. 32, Sch. 16 Pt. 2; S.I. 2010/303, art. 3, Sch. 2

F19 16 Strategy. E+W

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Textual Amendments

F19 S. 16 repealed (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 6 para. 33, 16 Pt. 2; S.I. 2010/303, art. 3, Sch. 2

F20 17 Use of information by Council. E+W

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Textual Amendments

F20 S. 17 repealed (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 6 para. 34, Sch. 16 Pt. 2; S.I. 2010/303, art. 3, Sch. 2

F21 18 Supplementary functions. E+W

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Textual Amendments

F21 S. 18 repealed (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 6 para. 35, Sch. 16 Pt. 2; S.I. 2010/303, art. 3, Sch. 2

[F22 Regional councils] E+W

Textual Amendments

F22 Ss. 18A-18C and cross-heading inserted (31.1.2008 for the insertion of s. 18A(2)-(4), 1.9.2008 in so far as not aready in force) by Further Education and Training Act 2007 (c. 25), ss. 2, 32(5); S.I. 2007/3505, art. 3(a); S.I. 2008/313, art. 3

F23 18A Regional councils E+W

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Textual Amendments

F23 Ss. 18A-18C repealed (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 6 para. 36, 16 Pt. 2; S.I. 2010/303, art. 3, Sch. 2

F23 18B Functions of regional councils E+W

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Textual Amendments

F23 Ss. 18A-18C repealed (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 6 para. 36, 16 Pt. 2; S.I. 2010/303, art. 3, Sch. 2

F23 18C Guidance to regional councils E+W

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Textual Amendments

F23 Ss. 18A-18C repealed (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 6 para. 36, 16 Pt. 2; S.I. 2010/303, art. 3, Sch. 2

Local councils E+W

F24 19 Local councils. E+W

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Textual Amendments

F24 Ss. 19-24 repealed (21.2.2008) by Further Education and Training Act 2007 (c. 25), ss. 3(2)(a), 32(5), Sch. 2; S.I. 2008/313, art. 2(b)(i)

F24 20 Functions of local councils. E+W

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Textual Amendments

F24 Ss. 19-24 repealed (21.2.2008) by Further Education and Training Act 2007 (c. 25), ss. 3(2)(a), 32(5), Sch. 2; S.I. 2008/313, art. 2(b)(i)

F24 21 Guidance to local councils. E+W

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Textual Amendments

F24 Ss. 19-24 repealed (21.2.2008) by Further Education and Training Act 2007 (c. 25), ss. 3(2)(a), 32(5), Sch. 2; S.I. 2008/313, art. 2(b)(i)

F24 22 Plans of local councils. E+W

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Textual Amendments

F24 Ss. 19-24 repealed (21.2.2008) by Further Education and Training Act 2007 (c. 25), ss. 3(2)(a), 32(5), Sch. 2; S.I. 2008/313, art. 2(b)(i)

F24 23 Duty of local education authorities. E+W

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Textual Amendments

F24 Ss. 19-24 repealed (21.2.2008) by Further Education and Training Act 2007 (c. 25), ss. 3(2)(a), 32(5), Sch. 2; S.I. 2008/313, art. 2(b)(i)

F24 24 Guidance and plans: timing. E+W

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Textual Amendments

F24 Ss. 19-24 repealed (21.2.2008) by Further Education and Training Act 2007 (c. 25), ss. 3(2)(a), 32(5), Sch. 2; S.I. 2008/313, art. 2(b)(i)

Miscellaneous E+W

F25 24A Strategies for functions of Council E+W

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Textual Amendments

F25 Ss. 24A-24C repealed (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 6 para. 37, Sch. 16 Pt. 2; S.I. 2010/303, art. 3, Sch. 2

F25 24B Strategy for functions of Council: Greater London E+W

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Textual Amendments

F25 Ss. 24A-24C repealed (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 6 para. 37, Sch. 16 Pt. 2; S.I. 2010/303, art. 3, Sch. 2

F25 24C Duty of Council E+W

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Textual Amendments

F25 Ss. 24A-24C repealed (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 6 para. 37, Sch. 16 Pt. 2; S.I. 2010/303, art. 3, Sch. 2

F26 25 Directions. E+W

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Textual Amendments

F26 S. 25 repealed (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 6 para. 38, Sch. 16 Pt. 2; S.I. 2010/303, art. 3, Sch. 2

F27 26 Committees. E+W

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Textual Amendments

F27 S. 26 repealed (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 6 para. 39, 16 Pt. 2; S.I. 2010/303, art. 3, Sch. 2

F28 27 Grants to Council. E+W

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Textual Amendments

F28 S. 27 repealed (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 6 para. 40, Sch. 16 Pt. 2; S.I. 2010/303, art. 3, Sch. 2

F29 28 Annual report. E+W

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Textual Amendments

F29 S. 28 repealed (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 6 para. 41, Sch. 16 Pt. 2; S.I. 2010/303, art. 3, Sch. 2 (with arts. 13, 14) (as amended (30.3.3010) by S.I. 2010/1151, art. 22)

F30 29 Council’s financial year. E+W

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Textual Amendments

F30 S. 29 repealed (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 6 para. 42, Sch. 16 Pt. 2; S.I. 2010/303, art. 3, Sch. 2

Part II E+W [F31 Further Education and Sixth Form Education: Wales]

Textual Amendments

F31 Pt. 2 heading substituted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 49 (with art. 7)

F32 ... E+W

Textual Amendments

F32 S. 30 crossheading omitted (1.4.2006) by virtue of National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 50 (with art. 7)

F33 30 The Council. E+W

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Textual Amendments

F33 S. 30 omitted (1.4.2006) by virtue of National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 50 (with art. 7)

Main duties E+W

31 Education and training for persons aged 16 to 19. E+W

(1) The [F34 National Assembly for Wales (the National Assembly)] must secure the provision of proper facilities for—

(a) education (other than higher education) suitable to the requirements of persons who are above compulsory school age but have not attained the age of 19,

(b) training suitable to the requirements of such persons,

(c) organised leisure-time occupation connected with such education, and

(d) organised leisure-time occupation connected with such training.

(2) Facilities are proper if they are—

(a) of a quantity sufficient to meet the reasonable needs of individuals, and

(b) of a quality adequate to meet those needs.

(3) In performing the duty imposed on it by subsection (1) the [F35 National Assembly] must—

(a) take account of the places where facilities are provided, the character of facilities and the way they are equipped;

(b) take account of the different abilities and aptitudes of different persons;

(c) take account of the education and training required in different sectors of employment for employees and potential employees;

(d) take account of facilities whose provision the [F35 National Assembly] thinks might reasonably be secured by other persons;

F36 (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F37 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) For the purposes of this section—

(a) education includes both full-time and part-time education;

(b) training includes both full-time and part-time training;

(c) training includes vocational, social, physical and recreational training;

(d) higher education is education provided by means of a course of any description mentioned in Schedule 6 to the M1 Education Reform Act 1988.

Textual Amendments

F34 Words in s. 31(1) substituted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 51(a) (with art. 7)

F35 Words in s. 31(3) substituted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 51(b) (with art. 7)

F36 S. 31(3)(e) omitted (1.4.2006) by virtue of National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238) , art. 1(1) , Sch. 1 para. 51(c) (with art. 7 )

F37 S. 31(4) omitted (1.4.2006) by virtue of National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238) , art. 1(1) , Sch. 1 para. 51(d) (with art. 7 )

Commencement Information

I1 S. 31 not in force at Royal Assent see s. 154; s. 31 in force for W. at 1.4.2001 by S.I. 2001/1274 , art. 2 , Sch. Pt. I

Marginal Citations

M1 1988 c. 40 .

32 Education and training for persons over 19. E+W

(1) The [F38 National Assembly] must secure the provision of reasonable facilities for—

(a) education (other than higher education) suitable to the requirements of persons who have attained the age of 19,

(b) training suitable to the requirements of such persons,

(c) organised leisure-time occupation connected with such education, and

(d) organised leisure-time occupation connected with such training.

F39 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) In performing the duty imposed on it by subsection (1) the [F40 National Assembly] must—

(a) take account of the places where facilities are provided, the character of facilities and the way they are equipped;

(b) take account of the different abilities and aptitudes of different persons;

(c) take account of the education and training required in different sectors of employment for employees and potential employees;

(d) take account of facilities whose provision the [F40 National Assembly] thinks might reasonably be secured by other persons;

F41 (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F42 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) For the purposes of this section—

(a) education includes both full-time and part-time education;

(b) training includes both full-time and part-time training;

(c) training includes vocational, social, physical and recreational training;

(d) higher education is education provided by means of a course of any description mentioned in Schedule 6 to the M2 Education Reform Act 1988.

(6) References in this Part to post-16 education are to—

(a) education falling within section 31(1)(a) or subsection (1)(a) above, and

(b) organised leisure-time occupation connected with such education.

(7) References in this Part to post-16 training are to—

(a) training falling within section 31(1)(b) or subsection (1)(b) above, and

(b) organised leisure-time occupation connected with such training.

Textual Amendments

F38 Words in s. 32(1) substituted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 52(a) (with art. 7)

F39 S. 32(2) omitted (1.4.2006) by virtue of National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 52(b) (with art. 7)

F40 Words in s. 32(3) substituted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 52(c) (with art. 7)

F41 S. 32(3)(e) omitted (1.4.2006) by virtue of National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 52(d) (with art. 7)

F42 S. 32(4) omitted (1.4.2006) by virtue of National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 52(e) (with art. 7)

Commencement Information

I2 S. 32 not in force at Royal Assent see s. 154; s. 32 in force for W. at 1.4.2001 by S.I. 2001/1274 , art. 2 , Sch. Pt. I

Marginal Citations

M2 1988 c. 40 .

33 Encouragement of education and training. E+W

The [F43 National Assembly] must—

(a) encourage individuals to undergo post-16 education and training;

(b) encourage employers to participate in the provision of post-16 education and training;

(c) encourage employers to contribute to the costs of post-16 education and training.

Textual Amendments

F43 Words in s. 33 substituted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 53 (with art. 7)

Commencement Information

I3 S. 33 not in force at Royal Assent see s. 154; s. 33 in force for W. at 1.4.2001 by S.I. 2001/1274 , art. 2 , Sch. Pt. I

Main powers E+W

34 Provision of financial resources. E+W

(1) The [F44 National Assembly] may secure the provision of financial resources to—

(a) persons providing or proposing to provide post-16 education or training;

(b) persons providing or proposing to provide goods or services in connection with the provision by others of post-16 education or training;

(c) persons receiving or proposing to receive post-16 education or training;

(d) persons providing or proposing to provide courses falling within paragraph 1(g) or (h) of Schedule 6 to the M3 Education Reform Act 1988 (courses in preparation for professional examinations at a higher level or providing education at a higher level);

(e) institutions within the further or higher education sector (within the meaning of section 91 of the M4 Further and Higher Education Act 1992) which provide or propose to provide secondary education (other than post-16 education);

(f) persons undertaking or proposing to undertake research relating to education or training;

(g) persons providing or proposing to provide facilities designed to form links between (on the one hand) employers and (on the other) persons who provide or receive education or training;

(h) persons carrying out means tests under arrangements made under section 37;

(i) persons providing or proposing to provide information, advice or guidance about education or training or connected matters (including employment).

(2) The [F45 National Assembly] may secure the provision of financial resources under subsection (1)—

(a) by providing resources itself;

(b) by making arrangements for the provision of resources by another person;

(c) by making arrangements for the provision of resources by persons jointly (whether or not including the [F45 National Assembly]).

(3) In exercising its power under subsection (1)(c) the [F44 National Assembly] may secure the provision of financial resources by reference to any fees or charges payable by the person receiving or proposing to receive the education or training or to any other matter (such as transport or childcare).

Textual Amendments

F44 Words in s. 34(1)(3) substituted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 54(a) (with art. 7)

F45 Words in s. 34(2) substituted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 54(b) (with art. 7)

Commencement Information

I4 S. 34 not in force at Royal Assent see s. 154; s. 34 in force for W. at 1.4.2001 by S.I. 2001/1274, art. 2, Sch. Pt. I

Marginal Citations

M3 1988 c. 40.

M4 1992 c. 13.

35 Financial resources: conditions. E+W

(1) If the [F46 National Assembly] itself provides financial resources [F47 under section 34] it may impose conditions; and the conditions may include any provisions described below.

(2) The conditions may—

(a) require the [F48 National Assembly] or a person designated by it to be allowed access to a person’s accounts and documents and to be given rights in relation to a person’s computers and associated apparatus and material;

(b) require a person to whom financial resources are provided to give to the [F49 National Assembly] information it requests for the purpose of carrying out its functions [F50 under this Part].

(3) The conditions may require a person providing or proposing to provide education or training (the provider) to make arrangements providing for all or any of the following—

(a) for the provider to charge fees by reference to specified criteria;

(b) for the provider to make awards by reference to specified criteria;

(c) for the provider to recover amounts from persons receiving education or training or from employers (or from both);

(d) for amounts to be determined by reference to specified criteria where provision is made under paragraph (c);

(e) for specified exemptions to operate where provision is made under paragraph (c);

(f) for the provider to make provision specified in a report of an assessment conducted under section [F51 139A or] 140.

(4) F52 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) The conditions may—

(a) enable the [F53 National Assembly] to require the repayment (in whole or part) of sums paid by the [F53 National Assembly] if any of the conditions subject to which the sums were paid is not complied with;

(b) require the payment of interest in respect of any period in which a sum due to the [F53 National Assembly] in accordance with any condition is unpaid.

(6) F52 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F46 Words in s. 35(1) substituted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 55(a)(i) (with art. 7)

F47 Words in s. 35(1) inserted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 55(a)(ii) (with art. 7)

F48 Words in s. 35(2) substituted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 55(b)(i) (with art. 7)

F49 Words in s. 35(2) inserted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 55(b)(ii) (with art. 7)

F50 Words in s. 35(2) inserted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 55(b)(ii) (with art. 7)

F51 Words in s. 35(3)(f) inserted (26.11.2008) by Education and Skills Act 2008 (c. 25), s. 173(1)(g), Sch. 1 para. 76(c)

F52 S. 35(4)(6) repealed (1.9.2002) by 2001 c. 10, ss. 34(8), 42(6), Sch. 9 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1

F53 Words in s. 35(5) substituted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 55(c) (with art. 7)

Commencement Information

I5 S. 35 not in force at Royal Assent see s. 154; s. 35 in force for W. at 1.4.2001 by S.I. 2001/1274, art. 2, Sch. Pt. I

36 Funding of school sixth-forms. E+W

(1) The [F54 National Assembly] may make a grant to a local education authority—

F55 (a) on the condition that the grant be applied as part of the authority’s [F55 schools budget] for a [F56 funding period ], and

(b) with a view to the grant being used for the purposes of, or for purposes connected with, the provision by schools of education suitable to the requirements of persons above compulsory school age.

(2) A grant made under this section may be made on conditions in addition to the condition mentioned in subsection (1)(a) (including conditions of a kind which could be imposed under section 35).

[F57 (3) In this section—

• “funding period” means a financial year or, if some other period is prescribed in relation to Wales under subsection (1B) of section 45 of the School Standards and Framework Act 1998 (maintained schools to have budget shares), that other period;

• “schools budget” has the same meaning as in Part 2 of that Act (framework for maintained schools).]

Textual Amendments

F54 Words in s. 36(1) substituted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 56 (with art. 7)

F55 Words in s. 36(1)(a) substituted (4.12.2003 for W., 6.11.2006 for E.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 125(2) (with ss. 210(8), 214(4); S.I. 2003/2959, regs. 1(1), 5); S.I. 2003/2961, art. 5, Sch. Pt. 2; S.I. 2006/2895, art. 2

F56 Words in s. 36(1)(a) substituted (1.4.2010 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 18 para. 13(2) (with s. 119); S.I. 2010/735, art. 2(e)

F57 S. 36(3) substituted (1.4.2010 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 18 para. 13(3) (with s. 119); S.I. 2010/735, art. 2(e)

Commencement Information

I6 S. 36 not in force at Royal Assent see s. 154; s. 36 in force for W. at 1.4.2002 by S.I. 2001/2705, art. 2, Sch. Pt. I

37 Assessments and means tests. E+W

(1) The [F58 National Assembly] may develop schemes for the assessment of the performance of persons in providing post-16 education and training.

(2) The [F58 National Assembly] may take the assessments into account in deciding how to exercise its powers under section 34.

(3) The [F58 National Assembly] may—

(a) carry out means tests;

(b) arrange for other persons to carry out means tests.

(4) The [F58 National Assembly] may take the results of the tests into account in exercising its power under section 34(1)(c).

Textual Amendments

F58 Words in s. 37(1)-(4) substituted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 57 (with art. 7)

Commencement Information

I7 S. 37 not in force at Royal Assent see s. 154; s. 37 in force for W. at 1.4.2001 by S.I. 2001/1274, art. 2, Sch. Pt. I

38 Qualifying accounts and arrangements. E+W

(1) The [F59 National Assembly] may promote—

(a) the holding of accounts which qualify under section 104;

(b) the making of arrangements which qualify under section 105.

F60 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F59 Words in s. 38(1) substituted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 58(a) (with art. 7)

F60 S. 38(2) omitted (1.4.2006) by virtue of National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 58(b) (with art. 7)

Commencement Information

I8 S. 38 not in force at Royal Assent see s. 154; s. 38 in force for W. at 1.4.2001 by S.I. 2001/1274, art. 2, Sch. Pt. I

39 Further education: governors. E+W

(1) The [F61 National Assembly] may appoint a person to be a member of the governing body of an institution which—

(a) falls within the further education sector (within the meaning given by section 91(3) of the M5 Further and Higher Education Act 1992), and

(b) mainly serves the population of Wales.

(2) But no more than two members of the governing body of a given institution may at any given time have been appointed under this section.

Textual Amendments

F61 Words in s. 39(1) substituted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 59 (with art. 7)

Commencement Information

I9 S. 39 not in force at Royal Assent see s. 154; s. 39 in force for W. at 1.4.2001 by S.I. 2001/1274, art. 2, Sch. Pt. I

Marginal Citations

M5 1992 c. 13.

Other functions E+W

40 Research and information. E+W

F62 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F62 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F62 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F62 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) The [F63 National Assembly] must establish systems for collecting information which is designed to secure that its decisions with regard to education and training are made on a sound basis.

(6) The [F63 National Assembly] may secure the provision of facilities for providing information, advice or guidance about education or training or connected matters (including employment).

Textual Amendments

F62 S. 40(1)-(4) omitted (1.4.2006) by virtue of National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 60(a) (with art. 7)

F63 Words in s. 40(5)(6) substituted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 60(b) (with art. 7)

Commencement Information

I10 S. 40 not in force at Royal Assent see s. 154; s. 40 in force for W. at 1.4.2001 by S.I. 2001/1274, art. 2, Sch. Pt. I

41 Persons with learning difficulties. E+W

(1) In discharging its functions under sections 31, 32 and 34(1)(a) to (d) and (g) the [F64 National Assembly] must have regard—

(a) to the needs of persons with learning difficulties, and

(b) in particular, to any report of an assessment conducted under section [F65 139A or] 140.

(2) If the [F66 National Assembly] is satisfied that it cannot secure the provision of facilities for education or training which are sufficient in quantity and adequate in quality for a person with a learning difficulty who is over compulsory school age but who has not attained the age of 19 unless it also secures the provision of boarding accommodation for him, the [F66 National Assembly] must secure the provision of boarding accommodation for him.

(3) If the [F66 National Assembly] is satisfied that it cannot secure the provision of reasonable facilities for education or training for a person with a learning difficulty who has attained the age of 19 but not the age of 25 unless it also secures the provision of boarding accommodation for him, the [F66 National Assembly] must secure the provision of boarding accommodation for him.

(4) If the [F66 National Assembly] is satisfied that it cannot secure the provision of reasonable facilities for education or training for a person with a learning difficulty who has attained the age of 25 unless it also secures the provision of boarding accommodation for him, the [F66 National Assembly] may secure the provision of boarding accommodation for him.

(5) A person has a learning difficulty if—

(a) he has a significantly greater difficulty in learning than the majority of persons of his age, or

(b) he has a disability which either prevents or hinders him from making use of facilities of a kind generally provided by institutions providing post-16 education or training.

(6) But a person is not to be taken to have a learning difficulty solely because the language (or form of language) in which he is or will be taught is different from a language (or form of language) which has at any time been spoken in his home.

Textual Amendments

F64 Words in s. 41(1) substituted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 61(a) (with art. 7)

F65 Words in s. 41(1)(b) inserted (26.11.2008) by Education and Skills Act 2008 (c. 25), s. 173(1)(g), Sch. 1 para. 76(d)

F66 Words in s. 41(2)(3)(4) substituted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 61(b) (with art. 7)

Commencement Information

I11 S. 41 not in force at Royal Assent see s. 154; s. 41 in force for W. at 1.4.2001 by S.I. 2001/1274, art. 2, Sch. Pt. I

F67 42 Equality of opportunity. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F67 Ss. 42-51 omitted (1.4.2006) by virtue of National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 62 (with art. 7)

F67 43 Plans. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F67 Ss. 42-51 omitted (1.4.2006) by virtue of National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 62 (with art. 7)

F67 44 Strategy. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F67 Ss. 42-51 omitted (1.4.2006) by virtue of National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 62 (with art. 7)

F67 45 Use of information by Council. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F67 Ss. 42-51 omitted (1.4.2006) by virtue of National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 62 (with art. 7)

F67 46 Supplementary functions. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F67 Ss. 42-51 omitted (1.4.2006) by virtue of National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 62 (with art. 7)

Miscellaneous E+W

F67 47 Directions. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F67 Ss. 42-51 omitted (1.4.2006) by virtue of National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 62 (with art. 7)

F67 48 Committees. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F67 Ss. 42-51 omitted (1.4.2006) by virtue of National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 62 (with art. 7)

F67 49 Grants to Council. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F67 Ss. 42-51 omitted (1.4.2006) by virtue of National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 62 (with art. 7)

F67 50 Annual report. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F67 Ss. 42-51 omitted (1.4.2006) by virtue of National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 62 (with art. 7)

F67 51 Council’s financial year. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F67 Ss. 42-51 omitted (1.4.2006) by virtue of National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 62 (with art. 7)

Part III E+W Inspections in England

Chapter 1 E+W The Adult Learning Inspectorate

The Inspectorate E+W

F68 52 The Inspectorate. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F68 Ss. 52-72 repealed (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 14 para. 56, Sch. 18 Pt. 5; S.I. 2007/935, art. 5(gg)(ii)

F68 53 The Inspectorate’s remit. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F68 Ss. 52-72 repealed (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 14 para. 56, Sch. 18 Pt. 5; S.I. 2007/935, art. 5(gg)(ii)

Functions of the Inspectorate and the Chief Inspector E+W

F68 54 Functions of the Inspectorate and Chief Inspector. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F68 Ss. 52-72 repealed (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 14 para. 56, Sch. 18 Pt. 5; S.I. 2007/935, art. 5(gg)(ii)

F68 55 Inspections under section 54. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F68 Ss. 52-72 repealed (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 14 para. 56, Sch. 18 Pt. 5; S.I. 2007/935, art. 5(gg)(ii)

F68 56 General powers. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F68 Ss. 52-72 repealed (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 14 para. 56, Sch. 18 Pt. 5; S.I. 2007/935, art. 5(gg)(ii)

F68 57 Right of entry and offences. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F68 Ss. 52-72 repealed (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 14 para. 56, Sch. 18 Pt. 5; S.I. 2007/935, art. 5(gg)(ii)

F68 58 Action plans. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F68 Ss. 52-72 repealed (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 14 para. 56, Sch. 18 Pt. 5; S.I. 2007/935, art. 5(gg)(ii)

F68 59 Annual report. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F68 Ss. 52-72 repealed (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 14 para. 56, Sch. 18 Pt. 5; S.I. 2007/935, art. 5(gg)(ii)

Chapter II E+W Her Majesty’s Chief Inspector of Schools in England

The Chief Inspector’s extended remit E+W

F68 60 The extended remit. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F68 Ss. 52-72 repealed (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 14 para. 56, Sch. 18 Pt. 5; S.I. 2007/935, art. 5(gg)(ii)

Additional functions E+W

F68 61 Additional functions of the Chief Inspector. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F68 Ss. 52-72 repealed (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 14 para. 56, Sch. 18 Pt. 5; S.I. 2007/935, art. 5(gg)(ii)

F68 62 Inspection of further education institutions. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F68 Ss. 52-72 repealed (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 14 para. 56, Sch. 18 Pt. 5; S.I. 2007/935, art. 5(gg)(ii)

F68 63 Right of entry and offences. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F68 Ss. 52-72 repealed (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 14 para. 56, Sch. 18 Pt. 5; S.I. 2007/935, art. 5(gg)(ii)

F68 64 Action plans. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F68 Ss. 52-72 repealed (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 14 para. 56, Sch. 18 Pt. 5; S.I. 2007/935, art. 5(gg)(ii)

F68 65 Area inspections. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F68 Ss. 52-72 repealed (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 14 para. 56, Sch. 18 Pt. 5; S.I. 2007/935, art. 5(gg)(ii)

F68 66 Reports of area inspections. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F68 Ss. 52-72 repealed (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 14 para. 56, Sch. 18 Pt. 5; S.I. 2007/935, art. 5(gg)(ii)

F68 67 Action plans following section 65 inspections. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F68 Ss. 52-72 repealed (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 14 para. 56, Sch. 18 Pt. 5; S.I. 2007/935, art. 5(gg)(ii)

F68 68 Further powers of the Chief Inspector. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F68 Ss. 52-72 repealed (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 14 para. 56, Sch. 18 Pt. 5; S.I. 2007/935, art. 5(gg)(ii)

Chapter III E+W The Common Inspection Framework and Joint Inspections

The Common Inspection Framework E+W

F68 69 The framework. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F68 Ss. 52-72 repealed (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 14 para. 56, Sch. 18 Pt. 5; S.I. 2007/935, art. 5(gg)(ii)

F68 70 Preparation of the framework. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F68 Ss. 52-72 repealed (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 14 para. 56, Sch. 18 Pt. 5; S.I. 2007/935, art. 5(gg)(ii)

Joint inspections E+W

F68 71 Joint inspections. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F68 Ss. 52-72 repealed (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 14 para. 56, Sch. 18 Pt. 5; S.I. 2007/935, art. 5(gg)(ii)

Chapter IV E+W General

F68 72 Defamation. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F68 Ss. 52-72 repealed (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 14 para. 56, Sch. 18 Pt. 5; S.I. 2007/935, art. 5(gg)(ii)

Part IV U.K. Inspections in Wales

New titles E+W

73 Inspectors of Education and Training in Wales. E+W

(1) Her Majesty’s Chief Inspector of Schools in Wales is renamed Her Majesty’s Chief Inspector of Education and Training in Wales or Prif Arolygydd Ei Mawrhydi dros Addysg a Hyfforddiant yng Nghymru.

(2) Her Majesty’s Inspectors of Schools in Wales are renamed Her Majesty’s Inspectors of Education and Training in Wales or Arolgwyr Ei Mawrhydi dros Addysg a Hyfforddiant yng Nghymru.

(3) In any provision of, or made under, any enactment—

(a) for “Her Majesty’s Chief Inspector of Schools in Wales” substitute “ Her Majesty’s Chief Inspector of Education and Training in Wales or Prif Arolygydd Ei Mawrhydi dros Addysg a Hyfforddiant yng Nghymru ”; and

(b) for “Her Majesty’s Inspectors of Schools in Wales” substitute “ Her Majesty’s Inspectors of Education and Training in Wales or Arolgwyr Ei Mawrhydi dros Addysg a Hyfforddiant yng Nghymru ”.

Commencement Information

I12 S. 73 not in force at Royal Assent see s. 154; s. 73 in force (W.) at 1.1.2001 by S.I. 2000/3230, art. 2, Sch.

74 Some defined terms. E+W

(1) In this Part—

• F69 ...

• “the National Assembly” means the National Assembly for Wales.

(2) In this Part, any reference to the Chief Inspector for Wales is to be read as a reference to the person mentioned in section 73(1).

Textual Amendments

F69 Words in s. 74(1) omitted (1.4.2006) by virtue of National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 63 (with art. 7)

Commencement Information

I13 S. 74 not in force at Royal Assent see s. 154; s. 74 in force for W. at 1.4.2001 by S.I. 2001/1274, art. 2, Sch. Pt. I

Extended remit E+W

75 The extended remit of the Chief Inspector for Wales. E+W

(1) The following kinds of education and training are brought within the remit of the Chief Inspector for Wales by this Part—

(a) education or training for persons aged 16 or over where the provider of the education or training is given financial support by the [F70 National Assembly in the discharge of its functions under Part 2] or by a local education authority in Wales (either generally or for a specific purpose);

(b) education or training for persons aged 16 or over where the [F70 National Assembly in the discharge of its functions under Part 2] is, or a local education authority in Wales are, contemplating giving the provider of the education financial support (either generally or for a specific purpose);

(c) education or training provided for persons of compulsory school age in an institution in Wales which is within the further education sector;

(d) further education provided by a school under section 80 of the M6 School Standards and Framework Act 1998;

(e) such other education or training in Wales as may be prescribed by regulations made by the National Assembly.

(2) Neither paragraph (a) nor paragraph (b) of subsection (1) applies—

(a) to education of a kind that may be inspected under [F71 Part 1 of the Education Act 2005]; or

(b) if the financial support mentioned in that paragraph is given for a specific purpose, to education or training at which that support is not directed.

Textual Amendments

F70 Words in s. 75(1) substituted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 64 (with art. 7)

F71 Words in s. 75(2)(a) substituted (1.9.2006) by Education Act 2005 (c. 18), s. 125(4), Sch. 9 para. 24; S.I. 2006/1338, art. 4(1), Sch. 2

Commencement Information

I14 S. 75 not in force at Royal Assent see s. 154; s. 75 in force for W. at 1.4.2001 by S.I. 2001/1274, art. 2, Sch. Pt. I

Marginal Citations

M6 1998 c. 31.

Additional functions E+W

76 Additional functions of the Chief Inspector for Wales. E+W

(1) The Chief Inspector for Wales must keep the National Assembly informed about—

(a) the quality of the education and training which is brought within the remit of the Chief Inspector for Wales by this Part;

(b) the standards achieved by those receiving that education and training; and

(c) whether the financial resources made available to those providing it are managed efficiently and used so as to provide value for money.

(2) When asked to do so by the National Assembly, the Chief Inspector for Wales must—

(a) give the National Assembly advice on such matters, relating to education and training brought within the remit of the Chief Inspector for Wales by this Part, as the National Assembly may specify;

(b) inspect such education or training, or such class of education or training, within that remit as the National Assembly may specify;

(c) report on the result of an inspection conducted under this section.

(3) The Chief Inspector for Wales is to have such other functions in connection with education and training brought within the remit of the Chief Inspector for Wales by this Part as the National Assembly may specify.

(4) The functions specified under subsection (3) may include functions with respect to training of or for teachers, lecturers, trainers or other persons engaged in the provision of education or training which is brought within the remit of the Chief Inspector for Wales by this Part.

(5) In exercising functions under this Part, the Chief Inspector for Wales must have regard to—

(a) advice given by the National Assembly; and

(b) such aspects of the National Assembly’s policy as the National Assembly may specify.

Commencement Information

I15 S. 76 not in force at Royal Assent see s. 154; s. 76 in force for W. at 1.4.2001 by S.I. 2001/1274, art. 2, Sch. Pt. I

77 Inspections. E+W

(1) The Chief Inspector for Wales must inspect education and training brought within the remit of the Chief Inspector for Wales by this Part.

(2) Inspections are to be conducted at such intervals as may be prescribed.

(3) The Chief Inspector for Wales must report in writing on—

(a) the quality of the education or training inspected;

(b) the standards achieved by those receiving that education or training; and

(c) whether the financial resources made available to the provider of the education or training are managed efficiently and used in a way which provides value for money.

(4) The report under subsection (3) must be made within such period as may be prescribed.

(5) The Chief Inspector for Wales must without delay send a copy of the report under subsection (3) to—

(a) the National Assembly;

F72 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) any local education authority providing funds for the education or training inspected; and

(d) the provider of the inspected education or training.

(6) Copies may also be sent to such other persons as the Chief Inspector for Wales considers appropriate.

(7) A copy may be supplied under subsection (6) free of charge or on payment of such fee, not exceeding the cost of supplying the copy, as the Chief Inspector for Wales may determine.

(8) The Chief Inspector for Wales must arrange for the report to be published in such manner as he considers appropriate.

(9) “Prescribed” means prescribed in regulations made by the National Assembly.

Textual Amendments

F72 S. 77(5)(b) omitted (1.4.2006) by virtue of National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 65 (with art. 7)

Commencement Information

I16 S. 77 not in force at Royal Assent see s. 154; s. 77 in force for W. at 1.4.2001 by S.I. 2001/1274, art. 2, Sch. Pt. I

78 General powers. E+W

(1) The Chief Inspector for Wales may give advice to the National Assembly on any matter relating to education or training brought within the remit of the Chief Inspector for Wales by this Part.

(2) The Chief Inspector for Wales may inspect, and report on, any education or training of that kind.

(3) The Chief Inspector for Wales may inspect any education or training—

(a) which is not of that kind, but

(b) which would be if it were funded in one of the ways mentioned in section 75,

if the provider of the education or training asks the Chief Inspector for Wales to do so.

(4) The Chief Inspector for Wales may charge for the cost of an inspection conducted under subsection (3).

(5) Subsections (5) to (8) of section 77 apply to a report under subsection (2) as they apply to a report under that section.

(6) The Chief Inspector for Wales may arrange for a report of an inspection carried out as a result of a request under subsection (3) to be published.

Commencement Information

I17 S. 78 not in force at Royal Assent see s. 154; s. 78 in force for W. at 1.4.2001 by S.I. 2001/1274, art. 2, Sch. Pt. I

79 Right of entry and offences. E+W

(1) When conducting an inspection under this Part, the Chief Inspector for Wales has, at all reasonable times—

(a) a right of entry to premises on which the education or training being inspected is provided;

(b) a right of entry to premises of the provider of that education or training which are used in connection with that provision;

(c) a right to inspect, and take copies of, any records kept by that person, and any other documents containing information relating to the education or training, which the inspector requires for the purposes of the inspection.

(2) In respect of education or training provided by an employer in the workplace, the right of entry conferred by subsection (1) may be exercised only if the employer has been given reasonable notice in writing.

(3) The right to inspect records conferred by subsection (1)(c) includes the right to have access to, and to inspect and check the operation of, any computer and any associated apparatus or material which is or has been in use in connection with the records in question.

(4) That right also includes the right to such assistance from—

(a) the person by whom or on whose behalf the computer is or has been so used, or

(b) any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material,

as the Chief Inspector for Wales may reasonably require.

(5) It is an offence wilfully to obstruct the Chief Inspector for Wales in the exercise of functions in relation to an inspection under this Part.

(6) A person guilty of such an offence is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

Commencement Information

I18 S. 79 not in force at Royal Assent see s. 154; s. 79 in force for W. at 1.4.2001 by S.I. 2001/1274, art. 2, Sch. Pt. I

80 Action plans. E+W

(1) This section applies if the Chief Inspector for Wales publishes a report of an inspection.

(2) But it does not apply to a report of an inspection conducted—

(a) as a result of a request under section 78(3); or

(b) under section 83.

(3) The provider of the education or training which is the subject of the report must prepare a written statement of the action which he proposes to take in the light of the report and the period within which he proposes to take it.

(4) The person making the statement must—

(a) publish it within such period, and in such manner, as may be prescribed by regulations made by the National Assembly; and

(b) send copies of it to such persons as may be so prescribed.

Commencement Information

I19 S. 80 not in force at Royal Assent see s. 154; s. 80 in force for W. at 1.4.2001 by S.I. 2001/1274, art. 2, Sch. Pt. I

F73 81 Inspections of careers services etc. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F73 S. 81 repealed (1.4.2007) by Education Act 2005 (c. 18), s. 125(4), Sch. 19 Pt. 1; S.I. 2006/1338, art. 5, Sch. 3

82 Inspections of education and training provided under 1973 Act arrangements. E+W

(1) The Chief Inspector for Wales may, at the request of the Secretary of State or [F74 the Chief Inspector for England ], inspect any education or training provided in Wales by the Secretary of State in accordance with arrangements made under section 2 of the M7 Employment and Training Act 1973.

(2) A report of an inspection conducted under this section at the request of the Secretary of State must be given to the Secretary of State.

(3) The Secretary of State may arrange for the report to be published in such manner as he considers appropriate.

(4) A report of an inspection conducted under this section at the request of [F75 the Chief Inspector for England must be given to that Chief Inspector].

(5) [F76 The Chief Inspector for England] may arrange for the report to be published in such manner as [F77 he] considers appropriate.

(6) The Chief Inspector for Wales must send a copy of any report under subsection (2) or (4) to the National Assembly.

[F78 (7) In this section “the Chief Inspector for England” means Her Majesty's Chief Inspector of Education, Children's Services and Skills.]

Textual Amendments

F74 Words in s. 82(1) substituted (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 14 para. 57(2); S.I. 2007/935, art. 5(gg)

F75 Words in s. 82(4) substituted (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 14 para. 57(3); S.I. 2007/935, art. 5(gg)

F76 Words in s. 82(5) substituted (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 14 para. 57(4); S.I. 2007/935, art. 5(gg)

F77 Word in s. 82(5) substituted (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 14 para. 57(4); S.I. 2007/935, art. 5(gg)

F78 S. 82(7) added (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 14 para. 57(5); S.I. 2007/935, art. 5(gg)

Commencement Information

I20 S. 82 not in force at Royal Assent see s. 154; s. 82 in force for W. at 1.4.2001 by S.I. 2001/1274, art. 2, Sch. Pt. I

Marginal Citations

M7 1973 c. 50.

83 Area inspections. E+W

(1) If asked to do so by the National Assembly, the Chief Inspector for Wales must inspect—

(a) the quality and availability of a specified description of education or training, in a specified area in Wales, for persons who are aged [F79 15] or over;

(b) the standards achieved by those receiving that education or training; and

(c) whether the financial resources made available to those providing that education and training are managed efficiently and used in a way which provides value for money.

(2) The Chief Inspector for Wales may, without being asked to, conduct such an inspection.

(3) If financial resources have been applied by the [F80 National Assembly] or a local education authority in respect of education or training which is being inspected under this section, the inspection may extend to considering the manner in which those resources have been applied and whether they have been applied in a way which provides value for money.

(4) The education or training that may be made the subject of an area inspection is any education or training within the remit of the Chief Inspector for Wales (whether as a result of this Part or of any other enactment).

(5) A provider of education or training which is the subject of an area inspection must provide such information as the Chief Inspector for Wales may reasonably require in connection with the inspection.

(6) The [F80 National Assembly] and any local education authority within the area which is the subject of an area inspection must provide such information as the Chief Inspector for Wales may reasonably require in connection with the inspection.

(7) The National Assembly may by regulations make further provision with respect to the obligation to provide information imposed by this section.

(8) On completing an area inspection, the Chief Inspector for Wales must make a written report.

(9) Subsections (4), (5)(a) to (c) and (6) to (9) of section 77 apply to a report under this section as they apply to a report under that section.

(10) “Area inspection” means an inspection under this section.

[F81 (11) In subsection (1)(a) “ persons who are aged 15 ” includes persons for whom education is being provided at a school who will attain that age in the current school year; and for this purpose “ school ” and “ school year ” have the same meaning as in the Education Act 1996. ]

Textual Amendments

F79 Word in s. 83(1)(a) substituted (1.8.2003 for W., 6.11.2006 for E.) by Education Act 2002 (c. 32), ss. 178(4)(a), 216(4) (with ss. 210(8), 214(4)); S.I. 2003/1718, art. 4, Sch. Pt. I; S.I. 2006/2895, art. 2

F80 Words in s. 83(3)(6) substituted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 66 (with art. 7)

F81 S. 83(11) inserted (1.8.2003 for W., 6.11.2006 for E.) by Education Act 2002 (c. 32), ss. 178(4)(b), 216(4) (with ss. 210(8), 214(4)); S.I. 2003/1718, art. 4, Sch. Pt. I; S.I. 2006/2895, art. 2

Commencement Information

I21 S. 83 not in force at Royal Assent see s. 154; s. 83 in force for W. at 1.4.2001 by S.I. 2001/1274, art. 2, Sch. Pt. I

84 Action plans following section 83 inspections. E+W

(1) This section applies if the Chief Inspector for Wales publishes a report of an area inspection conducted under section 83.

F82 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) The National Assembly may direct a local education authority whose area is wholly or partly in the area covered by the report to prepare a written statement of the action which they propose to take in the light of the report and the period within which they propose to take it.

(4) In preparing the statement F83 ... the authority must consult such persons as the National Assembly may direct.

(5) The person making the statement must—

(a) publish it within such period, and in such manner, as may be prescribed by regulations made by the National Assembly; and

(b) send copies of it to such persons as may be so prescribed.

Textual Amendments

F82 S. 84(2) omitted (1.4.2006) by virtue of National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 67(a) (with art. 7)

F83 Words in s. 84(4) omitted (1.4.2006) by virtue of National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 67(b) (with art. 7)

Commencement Information

I22 S. 84 not in force at Royal Assent see s. 154; s. 84 in force for W. at 1.4.2001 by S.I. 2001/1274, art. 2, Sch. Pt. I

85 Studies across Wales or of provision made outside Wales. E+W

(1) The National Assembly may direct the Chief Inspector for Wales to carry out—

(a) a survey of Wales, or of a specified area within Wales, in respect of specified matters relating to policy concerned with education or training for persons aged 16 or over; or

(b) a comparative study of the provision made outside Wales in respect of specified matters relating to such education or training.

(2) The Chief Inspector for Wales may, without being directed to, carry out a survey or study of that kind.

Commencement Information

I23 S. 85 not in force at Royal Assent see s. 154; s. 85 in force for W. at 1.4.2001 by S.I. 2001/1274, art. 2, Sch. Pt. I

86 Annual reports. E+W

(1) The annual report of the Chief Inspector for Wales required by [F84 section 21(1)(a) of the Education Act 2005] must include an account of the exercise of functions of the Chief Inspector for Wales under this Part.

(2) The power conferred by that section to make other reports includes a power to make reports with respect to matters relating to education or training which is brought within the remit of the Chief Inspector for Wales by this Part.

Textual Amendments

F84 Words in s. 86(1) substituted (1.9.2006) by Education Act 2005 (c. 18), s. 125(4), Sch. 9 para. 25; S.I. 2006/1338, art. 4(1), Sch. 2

Commencement Information

I24 S. 86 not in force at Royal Assent see s. 154; s. 86 in force for W. at 1.4.2001 by S.I. 2001/1274, art. 2, Sch. Pt. I

87 Annual plan of the Chief Inspector for Wales. E+W

(1) The Chief Inspector for Wales must, for the purposes of the consultation required under section 104(4) of the 1998 Act (funding of HM Chief Inspector of Education and Training for Wales), prepare a plan for each financial year.

(2) The plan must be submitted to the National Assembly by such time before the beginning of the financial year to which it relates as the National Assembly may direct.

(3) The plan must contain estimates of—

(a) the expenditure necessary, in the financial year to which the plan relates, in order to secure that the functions of the Chief Inspector for Wales are discharged effectively; and

(b) the income which the Chief Inspector for Wales will receive in that financial year and which may be applied towards meeting the expenses of the Chief Inspector for Wales.

(4) The plan must also contain proposals for the management of any funds which may be provided by the National Assembly for that financial year.

(5) The Chief Inspector for Wales may, after the plan has been approved under section 104(4A) of the 1998 Act, publish it in such manner and at such time as appear to the Chief Inspector for Wales to be appropriate.

(6) “The 1998 Act” means the M8 Government of Wales Act 1998.

Commencement Information

I25 S. 87 not in force at Royal Assent see s. 154; s. 87 in force (W.) at 1.1.2001 by S.I. 2000/3230, art. 2, Sch.

Marginal Citations

M8 1998 c. 38.

88 Defamation. E+W

(1) For the purposes of the law of defamation, any report under this Part is privileged unless its publication is shown to have been made with malice.

(2) Nothing in subsection (1) limits any privilege subsisting apart from that subsection.

Commencement Information

I26 S. 88 not in force at Royal Assent see s. 154; s. 88 in force for W. at 1.4.2001 by S.I. 2001/1274, art. 2, Sch. Pt. I

Part V U.K. Miscellaneous and general

Further Education Funding Councils E+W

89 Dissolution of FEFC for England. E+W

(1) On the appointed day—

(a) the Further Education Funding Council for England shall be dissolved, and

(b) all property, rights and liabilities to which it was entitled or subject immediately before that day shall by virtue of this section become property, rights and liabilities of the Learning and Skills Council for England.

(2) The appointed day is the day appointed under section 154 for the commencement of this section.

F85 90 Preliminary transfers: FEFC for England. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F85 S. 90 repealed (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 14 para. 58(a), Sch. 18 Pt. 5; S.I. 2007/935, art. 5(gg)(ii)

F86 91 Dissolution of FEFC for Wales. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F86 S. 91 omitted (1.4.2006) by virtue of National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 68 (with art. 7)

Other transfers E+W

92 Transfers: England. E+W

(1) The Secretary of State may make a scheme providing for the transfer of any of his property, rights and liabilities to any of the listed persons.

(2) The Secretary of State may make a scheme providing for the transfer of any of the property, rights and liabilities of a listed person to any other listed person.

(3) The Secretary of State may make a scheme providing for the transfer to any listed person of any of the property, rights and liabilities of a person with whom the Secretary of State has made arrangements under section 2 of the M9 Employment and Training Act 1973 (arrangements regarding employment).

(4) The listed persons are—

(a) the Learning and Skills Council for England;

F87 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F87 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) A scheme under this section may include such supplementary, incidental, consequential or transitional provisions as the Secretary of State thinks are appropriate.

(6) A scheme under this section comes into force on the day it specifies for it to come into force.

(7) When a scheme under this section comes into force it has effect to transfer (in accordance with its provisions) the property, rights and liabilities to which it applies.

(8) If a scheme under subsection (1) includes provision for the transfer of liabilities, the day specified by the scheme for it to come into force must not fall after the end of the period of 3 years starting with the day appointed under section 154 for the commencement of section 89.

(9) The day specified by a scheme under subsection (2) or (3) for the scheme to come into force must not fall after the end of the period of 3 years starting with the day appointed under section 154 for the commencement of section 89.

(10) A scheme under subsection (3) is invalid unless it is made with the consent of the person from whom the transfer is to be made.

Textual Amendments

F87 S. 92(4)(b)(c) repealed (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 14 para. 58(b), Sch. 18 Pt. 5; S.I. 2007/935, art. 5(gg)(ii)

Marginal Citations

M9 1973 c. 50.

F88 93 Transfers: Wales. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F88 S. 93 omitted (1.4.2006) by virtue of National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 69 (with art. 7)

Transfers: further provision E+W

94 Stamp duty. E+W

(1) A transfer effected by virtue of section 89 F89 ... is not to give rise to liability to stamp duty.

(2) Stamp duty is not to be chargeable on a scheme made under [F90 section 92].

Textual Amendments

F89 Words in s. 94(1) omitted (1.4.2006) by virtue of National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 70(a) (with art. 7)

F90 Words in s. 94(2) substituted (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 14 para. 59; S.I. 2007/935, art. 5(gg)

[F91 94A. Stamp duty land tax E+W

(1) For the purposes of stamp duty land tax, a land transaction effected by a scheme under section 92 or 93 is exempt from charge.

(2) Relief under this section must be claimed in a land transaction return or an amendment of such a return.

(3) In this section—

• “land transaction” has the meaning given by section 43(1) of the Finance Act 2003;

• “land transaction return” has the meaning given by section 76(1) of that Act.]

Textual Amendments

F91 S. 94A inserted (1.12.2003) by The Stamp Duty Land Tax (Consequential Amendment of Enactments) Regulations 2003 (S.I. 2003/2867), reg. 1, Sch. para. 31

95 Contracts of employment. E+W

(1) This section applies if rights and liabilities under a contract of employment are transferred by virtue of—

(a) section 89 F92 ... or

(b) a scheme under [F93 section 92].

(2) Anything done by or in relation to the transferor in respect of the employee before the day on which the transfer takes effect is to be treated on and after that day as done by or in relation to the transferee.

(3) For the purposes of Part XI of the M10 Employment Rights Act 1996 (redundancy payments etc) the employee is not to be regarded as having been dismissed by virtue of the transfer.

(4) For the purposes of that Act the employee’s period of employment with the transferor is to count as a period of employment with the transferee, and the change of employment is not to break the continuity of the period of employment.

(5) The preceding provisions do not prejudice any right of the employee to terminate the contract of employment if a substantial change is made to his detriment in his working conditions, but no such right arises by reason only of the change in employer effected by the transfer.

(6) For the purposes of this section—

(a) the transferor is the person from whom the rights and liabilities are transferred;

(b) the transferee is the person to whom the rights and liabilities are transferred.

Textual Amendments

F92 Words in s. 95(1)(a) omitted (1.4.2006) by virtue of National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 71(a) (with art. 7)

F93 Words in s. 95(1)(b) substituted (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 14 para. 60; S.I. 2007/935, art. 5(gg)

Commencement Information

I27 S. 95 wholly in force at 1.1.2001; s. 95 not in force at Royal Assent see s. 154; s. 95 in force (E.) at 1.9.2000 by S.I. 2000/2114, art. 2(3), Sch. Pt. III; s. 95 in force (W.) at 1.1.2001 by S.I. 2000/3230, art. 2, Sch

Marginal Citations

M10 1996 c. 18.

External qualifications E+W

96 Persons under 19. E+W

(1) This section applies to a course of education or training—

(a) which is provided (or proposed to be provided) by or on behalf of a school or institution or employer,

(b) which leads to [F94 a relevant qualification], and

(c) which is provided (or proposed to be provided) for pupils who are of compulsory school age or for pupils who are above that age but have not attained the age of 19.

(2) Unless the [F95 relevant] qualification is approved under section 98 or 99, the course must not be—

(a) funded by an authorised body (as defined in section 100), or

(b) provided by or on behalf of a maintained school.

(3) In relation to a maintained school, the local education authority and the governing body must carry out their functions with a view to securing that subsection (2)(b) is not contravened.

(4) The course mentioned in subsection (1) may be one of two or more components leading to the same qualification.

[F96 (5) In this section “a relevant qualification”—

(a) in relation to England, means a qualification to which Part 7 of the Apprenticeships, Skills, Children and Learning Act 2009 applies;

(b) in relation to Wales, has the same meaning as in section 30 of the Education Act 1997.]

(8) These are maintained schools—

(a) a community, foundation or voluntary school;

(b) a community or foundation special school.

Textual Amendments

F94 Words in s. 96(1)(b) substituted (1.4.2010 for E., 1.11.2010 for W.) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 12 para. 27(2); S.I. 2010/1151, art. 2, Sch. 1, S.I. 2010/2413, art. 2(a)

F95 Word in s. 96(2) substituted (1.4.2010 for E., 1.11.2010 for W.) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 12 para. 27(3); S.I. 2010/1151, art. 2, Sch. 1, S.I. 2010/2413, art. 2(a)

F96 S. 96(5) substituted for s. 95(5)-(7) (1.4.2010 for E., 1.11.2010 for W.) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 12 para. 27(4); S.I. 2010/1151, art. 2, Sch. 1, S.I. 2010/2413, art. 2(a)

Modifications etc. (not altering text)

C3 S. 96 restricted (with effect in accordance with art. 2 of the affecting S.I.) by Coventry City Council and the North West Federation of Schools (International General Certificate of Secondary Education) Order 2005 (S.I. 2005/1739), arts. 1(1), 2

Commencement Information

I28 S. 96 wholly in force at 1.9.2001; s. 96 not in force at Royal Assent see s. 154; s. 96 in force at 1.9.2001 by S.I. 2001/654, art. 2 Sch. Pt. III; S.I. 2001/1274, art. 2 Sch. Pt. II

F97 97 Persons over 19. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F97 S. 97 repealed (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 6 para. 43, Sch. 16 Pt. 2; S.I. 2010/303, art. 3, Sch. 2

98 Approved qualifications: England. E+W

(1) This section has effect for the purposes of [F98 section 96 in its application ]to England.

(2) A qualification is approved at a given time if—

(a) it is then approved by the Secretary of State, or

(b) it is then approved by a body then designated by him for the purposes of this section.

F99 (2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F100 (2B) A qualification may be approved only if—

(a) the conditions mentioned in subsection (2C) are satisfied in relation to the qualification, or

(b) the Office of Qualifications and Examinations Regulation is consulted before the approval is given.

(2C) The conditions are that—

(a) the qualification is a regulated qualification within the meaning of Part 7 of the Apprenticeships, Skills, Children and Learning Act 2009, and

(b) if the qualification is subject to the accreditation requirement (within the meaning of Chapter 2 of that Part), it is accredited under section 139 of that Act.]

(3) Approval may be given generally or in relation to particular cases.

F101 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) The Secretary of State may at any time revoke—

(a) a designation;

(b) an approval given by him;

(c) an approval given by a designated body.

(6) A designated body may at any time revoke an approval given by it.

(7) If the Secretary of State asks the [F102 Qualifications and Curriculum Development Agency or the Young People's Learning Agency for England] to do so, it must advise him on any approval he proposes to give under subsection (2)(a).

(8) If a designated body asks the [F103 Qualifications and Curriculum Development Agency or the Young People's Learning Agency for England] to do so, it must advise the body on any approval the body proposes to give under subsection (2)(b).

Textual Amendments

F98 Words in s. 98(1) substituted (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 6 para. 44(2); S.I. 2010/303, art. 3, Sch. 2

F99 S. 98(2A) repealed (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 6 para. 44(3), 16 Pt. 2; S.I. 2010/303, art. 3, Sch. 2

F100 S. 98(2B)(2C) inserted (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 12 para. 28(2); S.I. 2010/1151, art. 2, Sch. 1

F101 S. 98(4) repealed (28.2.2009) by Education and Skills Act 2008 (c. 25), ss. 159(3), 173(4), Sch. 2; S.I. 2009/387, art. 2

F102 Words in s. 98(7) substituted (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 12 para. 28(3); S.I. 2010/1151, art. 2, Sch. 1

F103 Words in s. 98(8) substituted (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 12 para. 28(3); S.I. 2010/1151, art. 2, Sch. 1

99 Approved qualifications: Wales. E+W

(1) This section has effect for the purposes of [F104 section 96 in its application] to Wales.

(2) A qualification is approved at a given time if—

(a) it is then approved by the National Assembly for Wales, or

(b) it is then approved by a body then designated by the National Assembly for the purposes of this section.

(3) Approval may be given generally or in relation to particular cases.

(4) An approval given by a designated body is ineffective unless the National Assembly consents to the approval.

(5) The National Assembly may at any time revoke—

(a) a designation;

(b) an approval given by the National Assembly;

(c) an approval given by a designated body.

(6) A designated body may at any time revoke an approval given by it.

F105 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F106 (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F104 Words in s. 99(1) substituted (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 6 para. 45(2); S.I. 2010/303, art. 3, Sch. 2

F105 S. 99(7) omitted (1.4.2006) by virtue of Qualifications, Curriculum and Assessment Authority for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3239), art. 1(1), Sch. 1 para. 30 (with art. 7)

F106 S. 99(8) omitted (1.4.2006) by virtue of Qualifications, Curriculum and Assessment Authority for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3239), art. 1(1), Sch. 1 para. 30 (with art. 7)

Commencement Information

I29 S. 99 not in force at Royal Assent see s. 154; s. 99 in force for W. at 1.4.2001 by S.I. 2001/1274, art. 2, Sch. Pt. I

100 Authorised bodies. E+W

(1) For the purposes of [F107 section 96 in its application] to England these are authorised bodies—

(a) the Learning and Skills Council for England;

(b) a local education authority;

(c) a body specified by order by the Secretary of State for the purposes of this section.

(2) For the purposes of [F107 section 96 in its application] to Wales these are authorised bodies—

(a) the [F108 National Assembly for Wales];

(b) a local education authority;

(c) a body specified by order by the National Assembly for Wales for the purposes of this section.

Textual Amendments

F107 Words in s. 100 substituted (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 6 para. 46; S.I. 2010/303, art. 3, Sch. 2

F108 Words in s. 100(2) substituted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 72 (with art. 7)

Commencement Information

I30 S. 100 not in force at Royal Assent see s. 154; s. 100(1) wholly in force at 1.9.2001 by S.I. 2001/654, art. 2 Sch. Pt. III; s. 100(2) in force for W. at 1.4.2001 by S.I. 2001/1274, art. 2, Sch. Pt. II

101 Enforcement: England. E+W

(1) This section has effect for the purposes of [F109 section 96 in its application] to England, and it applies if the Secretary of State is satisfied that—

(a) a local education authority or specified body has failed to comply with section 96(2)(a) or is proposing to do so, [F110 or]

(b) a local education authority or governing body has failed to comply with section 96(3) or is proposing to do so, F111 ...

F111 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) The Secretary of State may give such directions to the authority or body as he thinks fit.

(3) An authority or body must comply with any directions given to it under this section.

(4) A specified body is a body specified under section 100(1)(c).

Textual Amendments

F109 Words in s. 101(1) substituted (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 6 para. 47(a); S.I. 2010/303, art. 3, Sch. 2

F110 Word in s. 101(1) inserted (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 6 para. 47(b); S.I. 2010/303, art. 3, Sch. 2

F111 S. 101(1)(c) and preceding word "or" repealed (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 6 para. 47(c), Sch. 16 Pt. 2; S.I. 2010/303, art. 3, Sch. 2

102 Enforcement: Wales. E+W

(1) This section has effect for the purposes of [F112 section 96 in its application] to Wales, and it applies if the National Assembly for Wales is satisfied that—

(a) a local education authority or specified body has failed to comply with section 96(2)(a) or is proposing to do so, [F113 or]

(b) a local education authority or governing body has failed to comply with section 96(3) or is proposing to do so, F114 ...

F114 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) The National Assembly may give such directions to the authority or body as it thinks fit.

(3) An authority or body must comply with any directions given to it under this section.

(4) A specified body is a body specified under section 100(2)(c).

Textual Amendments

F112 Words in s. 102(1) substituted (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 6 para. 48(a); S.I. 2010/303, art. 3, Sch. 2

F113 Word in s. 102(1) inserted (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 6 para. 48(b); S.I. 2010/303, art. 3, Sch. 2

F114 S. 102(1)(c) and preceding word "or" repealed (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 6 para. 48(c), Sch. 16 Pt. 2; S.I. 2010/303, art. 3, Sch. 2

Commencement Information

I31 S. 102 not in force at Royal Assent see s. 154; s. 102 in force for W. at 1.9.2001 by S.I. 2001/1274, art. 2, Sch. Pt. II

103 Amendments relating to external qualifications. E+W

(1) The M11 Education Act 1997 shall be amended as follows.

F115 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F115 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) In section 30 (functions of Qualifications, Curriculum and Assessment Authority for Wales in relation to external qualifications)—

(a) in subsection (1) omit “or by subsection (3)”;

(b) in subsection (2) for “(g)” substitute “ (gg) ”;

(c) omit subsection (3).

(5) In section 37 (requirement for approval of certain courses leading to external qualifications) omit subsections (1) to (4) and in subsection (5) the words “, which are superseded by this section,”.

Textual Amendments

F115 S. 103(2)(3) repealed (1.4.2010 for E., 1.11.2010 for W.) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 16 Pt. 4; S.I. 2010/1151, art. 2, Sch. 1, S.I. 2010/2413, art. 2(a)

Commencement Information

I32 S. 103 partly in force; s. 103 not in force at Royal Assent see s. 154; s. 103(1)(5) in force (E.) at 1.9.2001 by S.I. 2001/654, art. 2, Sch. Pt. III; s. 103(1)(2)(3) in force (W.) for specified purposes at 1.4.2001 by S.I. 2001/1274, art. 2, Sch. Pt. I; s. 103(4) in force (W.) at 1.4.2001 by S.I. 2001/1274, art. 2, Sch. Pt. I; s. 103(5) in force (W.) at 1.9.2001 by S.I. 2001/1274, art. 2 Sch. Pt. II; s. 103(2)(3) in force (E.) at 1.4.2002 in so far as not already in force by S.I. 2002/279, art. 2(2)(a)

Marginal Citations

M11 1997 c. 44.

Qualifying accounts and arrangements U.K.

104 Qualifying accounts. U.K.

(1) Subsection (2) applies if a provision contained in or made under an enactment requires an account to qualify under this section (or to qualify under it at a particular time).

(2) The provision is to be taken to require the account to satisfy conditions specified by the Secretary of State in regulations made under this section (or to satisfy them at the time concerned).

(3) These conditions may be included—

(a) conditions as to the description of individual who may hold an account;

(b) conditions as to the description of institution with which an account may be held;

(c) conditions requiring an account not to be a joint one, or not to be held on behalf of a person other than the holder, or not to be held with another account of a specified description, or not to be connected with another account;

(d) conditions requiring an account to be identified by a specified name.

(4) Conditions as to the description of institution with which an account may be held may themselves specify the description or may allow the Secretary of State to specify it in a way he thinks fit.

(5) The regulations may provide that a specification of a description of institution with which an account may be held may include a requirement for institutions to have the benefit of approvals which have been given by the Secretary of State and not withdrawn.

(6) The regulations may contain provision securing that an individual may not simultaneously hold more than one account which qualifies under this section.

(7) The power to make regulations under this section is to be exercised by the Scottish Ministers so far as those regulations are to have effect for the purposes of any provision of, or made under, an Act of the Scottish Parliament authorising grants to be paid to, or in respect of, individuals in connection with their education or training; and for this purpose references in this section to the Secretary of State are to be treated as references to the Scottish Ministers.

(8) For the purposes of this section an enactment includes an Act of the Scottish Parliament.

105 Qualifying arrangements. E+W

(1) Subsection (2) applies if a provision contained in or made under an enactment requires arrangements to qualify under this section (or to qualify under it at a particular time).

(2) The provision is to be taken to require the arrangements to satisfy conditions specified by the Secretary of State in regulations made under this section (or to satisfy them at the time concerned).

(3) These conditions may be included—

(a) conditions as to the description of individual who may enter into arrangements;

(b) conditions as to the description of body with which arrangements may be made;

(c) conditions as to the nature of the arrangements and the way they are to be made;

(d) conditions requiring the arrangements to be identified by a specified name.

(4) Conditions as to the description of body with which arrangements may be made may themselves specify the description or may allow the Secretary of State to specify it in a way he thinks fit.

(5) The regulations may provide that a specification of a description of body with which arrangements may be made may include a requirement for bodies to have the benefit of approvals which have been given by the Secretary of State and not withdrawn.

(6) The regulations may contain provision securing that an individual may not simultaneously—

(a) be a party to more than one set of arrangements which qualify under this section, or

(b) be a party to arrangements which qualify under this section and to arrangements falling within subsection (7).

(7) Arrangements fall within this subsection if they are—

(a) arrangements which qualify under such provision of the law of Scotland as in the opinion of the Secretary of State corresponds to this section, or

(b) arrangements which qualify under section 106.

106 Qualifying arrangements: Northern Ireland. N.I.

(1) Subsection (2) applies if a provision contained in or made under an enactment requires arrangements to qualify under this section (or to qualify under it at a particular time).

(2) The provision is to be taken to require the arrangements to satisfy conditions specified by [F116 the Department for Employment and Learning] in Northern Ireland in regulations made under this section (or to satisfy them at the time concerned).

(3) Subsections (3) to (7) of section 105 apply to regulations under this section as they apply to regulations under that section; and for this purpose—

(a) references in those subsections to the Secretary of State are to be treated as references to the Department;

(b) the reference in subsection (7)(b) to arrangements which qualify under this section is to be treated as a reference to arrangements which qualify under section 105.

Textual Amendments

F116 Words in s. 106(2) substituted (N.I.) (20.7.2001) by 2001 c. 15 (N.I.), s. 1(2)(a)

107 Qualifying arrangements: further provision. E+W+N.I.

(1) The Secretary of State (or a person designated by him) may make arrangements with a body in connection with the making by that body of arrangements which qualify under section 105.

(2) Arrangements under subsection (1) may include provision for the remuneration of a body and the payment of its expenses.

(3) Arrangements under subsection (1) may include provision for a person designated by the Secretary of State to carry out on his behalf such of his functions under the arrangements as he specifies.

(4) The Secretary of State may pay—

(a) to a person designated by him under subsection (1) to make arrangements with a body, or

(b) to a person designated by him under subsection (3) to carry out functions on his behalf,

remuneration or amounts to meet the person’s expenses.

(5) [F117 The Department forEmployment and Learning] in Northern Ireland (or a person designated by it) may make arrangements with a body in connection with the making by that body of arrangements which qualify under section 106.

(6) Subsections (2) to (4) apply to arrangements under subsection (5) as they apply to arrangements under subsection (1); and for this purpose references in subsections (2) to (4) to the Secretary of State are to be treated as references to the Department.

Textual Amendments

F117 Words in s. 107(5) substituted (N.I.) (20.7.2001) by 2001 c. 15 (N.I.), s. 1(2)(a)

108 Grants. E+W

(1) The Secretary of State may make regulations authorising grants to be paid to or in respect of individuals in connection with their education or training.

(2) The regulations must provide that grants may be paid only to or in respect of individuals—

(a) who hold accounts which qualify under section 104,

(b) who are parties to arrangements which qualify under section 105, or

(c) who hold such accounts and are parties to such arrangements.

(3) The regulations may provide that grants may not be paid unless other specified conditions are satisfied.

(4) These conditions may be included—

(a) conditions as to the way the accounts qualifying under section 104 are operated (including conditions requiring them to contain a specified balance);

(b) conditions as to the way the arrangements qualifying under section 105 are conducted;

(c) conditions as to the employment or self-employment of individuals;

(d) conditions requiring individuals not to be receiving or have received specified benefits;

(e) conditions as to the kinds of education or training which qualify.

(5) The regulations may provide—

(a) that the amounts of grants, and when and how they are paid, are to be decided by the Secretary of State;

(b) that grants may be paid on such terms as the Secretary of State decides and that the terms may include terms requiring repayment in specified circumstances;

(c) that if grants are payable under the regulations they may be paid to persons providing education or training;

(d) that if grants are payable under the regulations they may be paid by the Secretary of State or by other persons under arrangements made with him;

(e) that if such arrangements are made the Secretary of State may pay the persons concerned remuneration or amounts to meet their expenses.

(6) Conditions as to the kinds of education or training which qualify may include provision for the kinds to be specified—

(a) by the Secretary of State in a way he thinks fit, or

(b) if he so decides, by a person who (at the time of the specification) is designated by the Secretary of State and who specifies in a way the Secretary of State stipulates.

(7) The regulations may provide that a specification of the kinds of education or training which qualify may include a requirement for the education or training to be provided by persons for the time being approved—

(a) by the Secretary of State, or

(b) if he so decides, by a person who (at the time of the approval) is designated by the Secretary of State.

109 Grants: Northern Ireland. N.I.

(1) [F118 The Department for Employment and Learning] in Northern Ireland may make regulations authorising grants to be paid to or in respect of individuals in connection with their education or training.

(2) The regulations must provide that grants may be paid only to or in respect of individuals—

(a) who hold accounts which qualify under section 104,

(b) who are parties to arrangements which qualify under section 106, or

(c) who hold such accounts and are parties to such arrangements.

(3) Subsections (3) to (7) of section 108 apply to regulations under this section as they apply to regulations under that section; and for this purpose—

(a) references in those subsections to the Secretary of State are to be treated as references to the Department;

(b) the reference in subsection (4)(b) to arrangements which qualify under section 105 is to be treated as a reference to arrangements which qualify under section 106.

Textual Amendments

F118 Words in s. 109(1) substituted (N.I.) (20.7.2001) by 2001 c. 15 (N.I.), s. 1(2)(a)

Sixth-form education E+W

110 Secondary education. E+W

(1) After section 2(2) of the M12 Education Act 1996 (definition of secondary education) there shall be inserted—

“(2A) Education is also secondary education for the purposes of this Act (subject to subsection (5)) if it is provided by an institution which—

(a) is maintained by a local education authority, and

(b) is principally concerned with the provision of full-time education suitable to the requirements of pupils who are over compulsory school age but under the age of 19.

(2B) Where—

(a) a person is in full-time education,

(b) he receives his education partly at a school and, by virtue of arrangements made by the school, partly at another institution, and

(c) the education which he receives at the school would be secondary education if it was full-time education at the school,

the person’s education, both at the school and at the other institution, is secondary education for the purposes of this Act (subject to subsection (5)).”

(2) Subsections (3) to (5) apply to an institution which would become a school on the coming into force of subsection (1) (by virtue of section 4(1) of the M13 Education Act 1996 (schools)).

(3) An institution to which this subsection applies shall not be treated as being a school by virtue of section 4(1) of that Act unless it has been established as a new school in accordance with section 28(1)(a) or (2)(a) or 31(1)(a) of the M14 School Standards and Framework Act 1998 (community or foundation mainstream or special school).

(4) A local education authority may not continue to maintain an institution to which this subsection applies in pursuance of section 15A of the M15 Education Act 1996 (education for 16 to 18 year olds).

(5) Section 51(3A) of the M16 Further and Higher Education Act 1992 (incorporation of further education institutions) shall not apply in relation to an institution to which this subsection applies.

Commencement Information

I33 S. 110 wholly in force at 1.8.2002; s. 110 not in force at Royal Assent see s. 154; s. 110(1) in force (E.) for certain purposes at 1.9.2000, s. 110(2) in force (E.) for certain purposes at 1.9.2000 and s. 110(3) in force (E.) at 1.9.2000 by S.I. 2000/2114, art. 2(3), Sch. Pt. III; s. 110(1) wholly in force for E. at 1.4.2001 by S.I. 2001/654, art. 2, Sch. Pt. II; s. 110 wholly in force for W. at 1.4.2001 by S.I. 2001/1274, art. 2, Sch. Pt. I; s. 110(2)(4)(5) in force for E. at 1.8.2002 in so far as not already in force by S.I. 2002/279, art. 2(3)(b)

Marginal Citations

M12 1996 c. 56.

M13 1996 c. 56.

M14 1998 c. 31.

M15 1996 c. 56.

M16 1992 c. 13.

111 Further education corporations. E+W

(1) The following shall be substituted for section 16(2) and (3) of the M17 Further and Higher Education Act 1992 (incorporation of further education institutions)—

“(2) Subsection (1) above does not apply to an institution which is maintained by a local education authority.

(3) The Secretary of State may by order make provision for the establishment of a body corporate for the purpose of conducting an institution which—

(a) is maintained by a local education authority, and

(b) in his opinion, is principally concerned with the provision of full-time education suitable to the requirements of persons over compulsory school age who have not attained the age of nineteen years.”

(2) Section 51 of that Act (publication of proposals) shall be amended as follows—

(a) for subsection (3)(b) substitute—

“(b) an order under section 16(3) of this Act, other than an order made for the purpose of giving effect to a proposal by a council,”,

and

(b) after subsection (3) insert—

“(3A) A draft proposal or order in respect of an institution which is maintained by a local education authority shall not be published without the consent of the governing body and the local education authority.”

Commencement Information

I34 S. 111 wholly in force at 1.4.2001; s. 111 not in force at Royal Assent see s. 154; s. 111 in force for E. at 1.10.2000 by S.I. 2000/2559, art. 2(1), Sch. Pt. I; s. 111 in force for W. at 1.4.2001 by S.I. 2001/1274, art. 2, Sch. Pt. I

Marginal Citations

M17 1992 c. 13.

112 Further education institutions: designation. E+W

In section 28(3) of the M18 Further and Higher Education Act 1992 (designation of institutions for funding) the following shall be inserted after subsection (3)—

“(3A) The Secretary of State shall not make an order under this section in respect of a voluntary aided school without the consent of the governing body and the local education authority.”

Commencement Information

I35 S. 112 wholly in force at 1.4.2001; s. 112 not in force at Royal Assent see s. 154; s. 112 in force for E. at 1.10.2000 by S.I. 2000/2559, art. 2(1), Sch. Pt. I; s. 112 in force for W. at 1.4.2001 by S.I. 2001/1274, art. 2, Sch. Pt. I

Marginal Citations

M18 1992 c. 13.

F119 113 [F119 Sixth forms requiring significant improvement ][F120 : Wales] E+W

F121 (1) Schedule 7 ([F121 sixth forms requiring significant improvement ]) shall have effect.

[F122 (2) Expressions used in that Schedule and in [F123 Chapter 4 of Part 1 of the Education Act 2005 have the same meaning as in that Chapter.]]

(3) Sections 496 and 497 of the M19 Education Act 1996 (intervention) shall have effect in relation to powers and duties conferred or imposed by virtue of Schedule 7 as if—

(a) those powers and duties were conferred or imposed by the M20 Education Act 1996, and

(b) the bodies specified in sections 496(2) and 497(2) were any local education authority F124 ... and the governing body of any maintained school (within the meaning given by section 20(7) of the M21 School Standards and Framework Act 1998).

Textual Amendments

F119 S. 113 heading substituted (1.9.2005 for E., 1.9.2006 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 5 para. 2(2); S.I. 2005/2034, art. 4; S.I. 2006/1338, art. 3, Sch. 1

F120 Word in s. 113 heading inserted (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080) , art. 1(2)(a), Sch. 1 para. 39(b) (with art. 2(3))

F121 Words in s. 113(1) substituted (1.9.2005 for E., 1.9.2006 for W) by Education Act 2005 (c. 18), s. 125(4), Sch. 5 para. 2(2); S.I. 2005/2034, art. 4; S.I. 2006/1338, art. 3, Sch. 1

F122 S. 113(2) substituted (1.9.2005 for E. for specified purposes, 1.9.2006 for W) by Education Act 2005 (c. 18), s. 125(4), Sch. 5 para. 2(3); S.I. 2005/2034, art. 4; S.I. 2006/1338, art. 3, Sch. 1; S.I. 2006/1338, art. 3, Sch. 1

F123 Words in s. 113(2) substituted (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080) , art. 1(2)(a), Sch. 1 para. 39(a) (with art. 2(3))

F124 Words in s. 113(3)(b) repealed (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 35, Sch. 18 Pt. 3; S.I. 2007/935, art. 7(o)(q)

Modifications etc. (not altering text)

C4 S. 113: functions transferred (E.) (1.4.2002) by Contracting Out (Local Education Authority Functions) (England) Order 2002 (S.I. 2002/928), art. 3, Sch. 3 para. (p)

Commencement Information

I36 S. 113 wholly in force at 1.4.2002; s. 113 not in force at Royal Assent see s. 154; s. 113(1)(2) in force for certain purposes (E.) at 1.10.2000 by S.I. 2000/2559, art. 2(1), Sch. Pt. I; s. 113 wholly in force for E. at 1.4.2001 by S.I. 2001/654, art. 2, Sch. Pt. II; s. 113 wholly in force for W. at 1.4.2002 by S.I. 2001/2705, art. 2, Sch. Pt. I

Marginal Citations

M19 1996 c. 56.

M20 1996 c. 56.

M21 1998 c. 31.

[F125 113A Restructuring of sixth-form education E+W

F126 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) The [F127 National Assembly for Wales] may make proposals under this section—

(a) with a view to meeting recommendations made in the report of an area inspection under section 83,

(b) with a view to promoting one or more of the relevant objectives, or

(c) if—

(i) they are made in addition to proposals relating to education or training other than in schools, and

(ii) the combined proposals are made with a view to promoting one or more of the relevant objectives.

(3) For the purposes of this section, the following are “ relevant objectives ”—

(a) an improvement in the educational or training achievements of persons who are above compulsory school age but below the age of 19;

(b) an increase in the number of such persons who participate in education or training suitable to the requirements of such persons;

(c) an expansion of the range of educational or training opportunities suitable to the requirements of such persons.

(4) Proposals under this section are proposals for one or more of the following—

(a) the establishment by a local education authority [F128 in Wales] of one or more new community, foundation, community special or foundation special schools to provide secondary education suitable to the requirements of persons who are above compulsory school age but below the age of 19 (and no other secondary education);

F129 (aa) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) an alteration to one or more maintained schools which relates to the provision of secondary education suitable to the requirements of such persons and is of a description prescribed by regulations;

(c) the discontinuance of one or more maintained schools which provide secondary education suitable to the requirements of such persons (and no other secondary education).

[F130 (4A) Proposals under this section are to be published.]

F131 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F132 (5A) In respect of proposals under subsection (2), the relevant authority shall, in accordance with regulations made under subsection (9), determine whether to—

(a) confirm them, with or without modification or subject to the occurrence of any event; or

(b) withdraw them.]

(6) Schedule 7A (implementation of proposals) has effect.

F133 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F134 (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9) Regulations may make provision about proposals under this section and may in particular make provision about—

(a) the information to be included in, or provided in relation to, the proposals;

(b) publication of the proposals;

(c) consultation on the proposals (before or after publication);

(d) the making of objections to or comments on the proposals;

(e) withdrawal or modification of the proposals;

F135 (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F136 (g) confirmation of proposals under subsection (2) by the relevant authority]

(10) For the purposes of sections 496 and 497 of the Education Act 1996 (c. 56) (powers to prevent unreasonable exercise of functions and general default powers), the provisions of this section and Schedule 7A shall be treated as if they were provisions of that Act.

(11) For the purposes of this section and Schedule 7A—

• “ alteration ” means an alteration of whatever nature, including the transfer of the school to a new site but excluding any change—

  (a)

  in the religious character of the school, or

  (b)

  whereby the school would acquire or lose a religious character;

• “ maintained school ” means a community, foundation or voluntary school or a community or foundation special school;

• “ regulations ” means—

  (a)

  F137 ...

  (b)

  in relation to proposals by the [F138 National Assembly for Wales], regulations made by the National Assembly for Wales;

• “ relevant authority ” means—

  (a)

  F139 ...

  (b)

  in relation to the [F140 National Assembly for Wales], the National Assembly for Wales;

• “ secondary education ” has the same meaning as in section 2 of the Education Act 1996. ]

Textual Amendments

F125 S. 113A inserted (1.4.2003 for E., 1.8.2004 for W.) by Education Act 2002 (c. 32), ss. 72(1), 216(4) (with ss. 210(8), 214(4)); S.I. 2003/124, art. 4; S.I. 2004/1728, art. 4, Sch. Pt. 1

F126 S. 113A(1) repealed (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 6 para. 49(2), Sch. 16 Pt. 2; S.I. 2010/303, art. 3, Sch. 2

F127 Words in s. 113A(2) substituted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 73(a) (with art. 7)

F128 Words in s. 113A(4)(a) inserted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 36(a); S.I. 2007/935, art. 7(o)

F129 S. 113A(4)(aa) repealed (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 6 para. 49(2), Sch. 16 Pt. 2; S.I. 2010/303, art. 3, Sch. 2

F130 S. 113A(4A) inserted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 73(b) (with art. 7)

F131 S. 113A(5) repealed (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 6 para. 49(2), Sch. 16 Pt. 2; S.I. 2010/303, art. 3, Sch. 2

F132 S. 113A(5A) inserted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 73(d) (with art. 7)

F133 S. 113A(7) repealed (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 6 para. 49(2), Sch. 16 Pt. 2; S.I. 2010/303, art. 3, Sch. 2

F134 S. 113A(8) repealed (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 6 para. 49(2), Sch. 16 Pt. 2; S.I. 2010/303, art. 3, Sch. 2

F135 S. 113A(9)(f) repealed (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 6 para. 49(2), Sch. 16 Pt. 2; S.I. 2010/303, art. 3, Sch. 2

F136 S. 113A(9)(g) inserted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 73(h) (with art. 7)

F137 Words in s. 113A(11) repealed (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 6 para. 49(3)(a), Sch. 16 Pt. 2; S.I. 2010/303, art. 3, Sch. 2

F138 Words in s. 113A(11) substituted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 73(i)(i) (with art. 7)

F139 Words in s. 113A(11) repealed (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 6 para. 49(3)(b), Sch. 16 Pt. 2; S.I. 2010/303, art. 3, Sch. 2

F140 Words in s. 113A(11) substituted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 73(i)(ii) (with art. 7)

Modifications etc. (not altering text)

C5 S. 113A power to modify conferred (1.4.2003 for E.) by Education Act 2002 (c. 32), ss. 74(2)(b), 216(4) (with ss. 210(8), 214(4)); S.I. 2003/124, art. 4

C6 S. 113A modified (1.6.2003 for E.) by Education Act 2002 (c. 32), ss. 74(1)(c), 216(4) (with ss. 210(8), 214(4)); S.I. 2003/1115, art. 3

Support for 13 to 19 year olds: England E+W

F141 114 Provision of services. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F141 Ss. 114-121 repealed (26.1.2009 for specified purposes, 12.1.2010 in so far as not already in force) by Education and Skills Act 2008 (c. 25), ss. 79, 173(4), Sch. 2; S.I. 2008/3077, art. 4(b)(h)(iii); S.I. 2009/3316, art. 2

F141 115 Consultation and coordination. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F141 Ss. 114-121 repealed (26.1.2009 for specified purposes, 12.1.2010 in so far as not already in force) by Education and Skills Act 2008 (c. 25), ss. 79, 173(4), Sch. 2; S.I. 2008/3077, art. 4(b)(h)(iii); S.I. 2009/3316, art. 2

F141 116 Local education authorities. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F141 Ss. 114-121 repealed (26.1.2009 for specified purposes, 12.1.2010 in so far as not already in force) by Education and Skills Act 2008 (c. 25), ss. 79, 173(4), Sch. 2; S.I. 2008/3077, art. 4(b)(h)(iii); S.I. 2009/3316, art. 2

F141 117 Educational institutions: information and access. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F141 Ss. 114-121 repealed (26.1.2009 for specified purposes, 12.1.2010 in so far as not already in force) by Education and Skills Act 2008 (c. 25), ss. 79, 173(4), Sch. 2; S.I. 2008/3077, art. 4(b)(h)(iii); S.I. 2009/3316, art. 2

F141 118 Inspection. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F141 Ss. 114-121 repealed (26.1.2009 for specified purposes, 12.1.2010 in so far as not already in force) by Education and Skills Act 2008 (c. 25), ss. 79, 173(4), Sch. 2; S.I. 2008/3077, art. 4(b)(h)(iii); S.I. 2009/3316, art. 2

F141 119 Information: supply by Secretary of State. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F141 Ss. 114-121 repealed (26.1.2009 for specified purposes, 12.1.2010 in so far as not already in force) by Education and Skills Act 2008 (c. 25), ss. 79, 173(4), Sch. 2; S.I. 2008/3077, art. 4(b)(h)(iii); S.I. 2009/3316, art. 2

F141 120 Information: supply by public bodies. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F141 Ss. 114-121 repealed (26.1.2009 for specified purposes, 12.1.2010 in so far as not already in force) by Education and Skills Act 2008 (c. 25), ss. 79, 173(4), Sch. 2; S.I. 2008/3077, art. 4(b)(h)(iii); S.I. 2009/3316, art. 2

F141 121 Supplementary. E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F141 Ss. 114-121 repealed (26.1.2009 for specified purposes, 12.1.2010 in so far as not already in force) by Education and Skills Act 2008 (c. 25), ss. 79, 173(4), Sch. 2; S.I. 2008/3077, art. 4(b)(h)(iii); S.I. 2009/3316, art. 2

122 Careers services. E+W

The following shall be inserted after section 10A of the M22 Employment and Training Act 1973 (careers services)—

“10B Inspection.

(1) Her Majesty’s Chief Inspector of Schools in England—

(a) shall advise the Secretary of State on request about matters relating to services provided in England in pursuance of section 8 or 9,

(b) may give the Secretary of State other advice about those matters,

(c) shall, when requested to do so by the Secretary of State, inspect and report on the provision of those services by any person or institution, and

(d) may undertake such other inspections of the provision of those services by persons or institutions as he thinks fit.

(2) A request under subsection (1)(c)—

(a) may be general or in relation to specific matters,

(b) may relate to a specific person or institution providing services, or to a specific class of person or institution, and

(c) may relate to a specific area.

(3) An inspection under subsection (1)(c) or (d) may not relate to services provided for persons who have attained the age of 20.

(4) A reference in subsection (1) to the provision of services includes a reference to the management and use of resources in providing services.

(5) Subsections (6) to (8) apply to an inspection under subsection (1)(c) or (d) of services provided in pursuance of arrangements under section 10(1) of this Act.

(6) A person carrying out or participating in the inspection shall have the same powers as an Inspector of Schools under the following provisions of the School Inspections Act 1996—

(a) section 3(3)(a) and (b) (right of access), and

(b) section 42 (computer records).

(7) Section 42A of the 1996 Act (publication of reports) shall apply.

(8) A person who wilfully obstructs a person in carrying out or participating in the inspection—

(a) shall be guilty of an offence, and

(b) shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.”

Marginal Citations

M22 1973 c. 50.

Support for 11 to 25 year olds: Wales E+W

123 Provision of services. E+W

(1) The National Assembly for Wales may direct a local authority—

(a) to provide youth support services;

(b) to secure the provision of youth support services;

(c) to participate in the provision of youth support services.

(2) In this section “youth support services” means services which in the opinion of the National Assembly will encourage, enable or assist young persons (directly or indirectly)—

(a) to participate effectively in education or training,

(b) to take advantage of opportunities for employment, or

(c) to participate effectively and responsibly in the life of their communities.

(3) In this section “young persons” means persons who have attained the age of 11 but not the age of 26.

(4) A direction under subsection (1)—

(a) may include provision for grants, loans and other kinds of financial assistance to be provided by the National Assembly (whether or not on conditions),

(b) may require local authorities to have regard to guidance issued by the National Assembly, and

(c) may require local authorities when making arrangements with other persons to require those persons to have regard to guidance issued by the National Assembly.

(5) A direction under subsection (1)—

(a) may relate to a particular class of young person;

(b) may make different provision for different classes of young person;

(c) may be revoked or varied by a later direction.

Commencement Information

I37 S. 123 not in force at Royal Assent see s. 154; s. 123 in force for W. at 1.4.2001 by S.I. 2001/1274, art. 2, Sch. Pt. I

124 Local authority: duty and powers. E+W

(1) A local authority—

(a) shall comply with a direction given to it under section 123(1), and

(b) may provide, secure the provision of or participate in the provision of youth support services otherwise than in accordance with paragraph (a).

(2) Action which a local authority takes in pursuance of subsection (1)—

(a) may relate to a particular class of young persons;

(b) may relate to services for a person from another area.

(3) In complying with a direction under section 123(1) a local authority shall have regard to the expediency of co-operation with voluntary organisations.

(4) For the purpose of subsection (1) a local authority may—

(a) incur expenditure;

(b) employ officers;

(c) enter into agreements for the supply of goods or services;

(d) do anything else (other than forming companies) which they consider necessary or expedient.

(5) Nothing in or done under section 123 shall prejudice any power of a local authority to provide services or incur expenditure.

Commencement Information

I38 S. 124 not in force at Royal Assent see s. 154; s. 124 in force for W. at 1.4.2001 by S.I. 2001/1274, art. 2, Sch. Pt. I

125 Consultation and coordination. E+W

(1) Before complying with a direction under section 123(1) by providing, securing the provision of or participating in the provision of services for residents of a particular place or area, a local authority shall consult each of the following with responsibility for all or part of the area—

(a) a [F142 Local Health Board],

(b) a chief officer of police,

(c) a police authority,

(d) a probation committee

[F143 (da) a provider of probation services,] and

(e) a youth offending team.

(2) The local authority shall also—

(a) consult any voluntary body which provides services for young persons in the place or area concerned and which the local authority think it appropriate to consult,

F144 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) consult any authority or person with whom arrangements have been made for the place or area concerned under section 10(1) or (3)(a), (b) or (c) of the M23 Employment and Training Act 1973 (careers services),

(d) consult any relevant organisation established for the purpose of enabling voluntary bodies to co-operate and co-ordinate their activities,

(e) consult such other persons as the local authority think appropriate, and

(f) provide such opportunities as the local authority think appropriate for young persons in the place or area concerned to express their views.

(3) Subsection (4) applies where a local authority—

(a) provide or propose to provide youth support services for the residents of a particular place or area, or

(b) secure or propose to secure the provision of youth support services for the residents of a particular place or area.

(4) Where this subsection applies, persons and bodies listed in subsection (1) with responsibility for all or part of that place or area shall—

(a) exercise their functions so as to support and assist the services provided, secured or proposed by the local authority, and

(b) coordinate the exercise of their functions, so far as seems reasonable, with persons providing those services.

(5) Subsection (4) shall not require persons or bodies to take action which would significantly interfere with the efficient or effective exercise of their functions.

Textual Amendments

F142 Words in s. 125(1)(a) substituted (1.4.2007) by References to Health Authorities Order 2007 (S.I. 2007/961), art. 1(1), Sch. para. 31(2)

F143 S. 125(1)(da) inserted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), art. 1, Sch. 1 para. 16(4)

F144 S. 125(2)(b) omitted (1.4.2006) by virtue of National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 74 (with art. 7)

Commencement Information

I39 S. 125 not in force at Royal Assent see s. 154; s. 125 in force for W. at 1.4.2001 by S.I. 2001/1274, art. 2, Sch. Pt. I

Marginal Citations

M23 1973 c. 50.

126 Educational institutions: information and access. E+W

(1) Where a person is involved in the provision of services in pursuance of section 123(1)(a) or (b) [F145 or section 40(1)(a) or (b) of the Learning and Skills (Wales) Measure 2009], an educational institution to which this section applies shall, for the purpose of the provision of those services—

(a) provide him on request with the name and address of a pupil or student;

(b) provide him on request with the name and address of a parent of a pupil or student;

(c) provide him on request with information in the institution’s possession about a pupil or student;

(d) permit him to have access to a pupil or student on the institution’s premises at reasonable times;

(e) make available to him, so far as is reasonably convenient, facilities on the institution’s premises for providing services to individual pupils or students or groups of pupils or students.

(2) Information shall not be provided under subsection (1)(c)—

(a) in the case of a pupil or student who has not attained the age of 16, if a parent of his has instructed the institution not to provide information of that kind under this section, or

(b) in the case of a pupil or student who has attained the age of 16, if he has instructed the institution not to provide information of that kind under this section.

(3) This section applies to the following institutions—

(a) community, foundation and voluntary schools,

(b) community or foundation special schools (other than those established in hospitals),

(c) city technology colleges and city colleges for the technology of the arts,

(d) pupil referral units,

(e) institutions within the further education sector, and

(f) institutions in receipt of funding from the [F146 National Assembly for Wales in the discharge of its functions under Part 2].

Textual Amendments

F145 Words in s. 126(1) inserted (7.12.2009) by Learning and Skills (Wales) Measure 2009 (nawm 1), ss. 42(2), 49(2); S.I. 2009/3174, art. 2(1)(m)

F146 Words in s. 126(3)(f) substituted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 75 (with art. 7)

Commencement Information

I40 S. 126 not in force at Royal Assent see s. 154; s. 126 in force for W. at 1.4.2001 by S.I. 2001/1274, art. 2, Sch. Pt. I

127 Inspection. E+W

(1) Her Majesty’s Chief Inspector of Education and Training in Wales—

(a) shall advise the National Assembly for Wales on request about matters relating to services provided in pursuance of section 123(1) [F147 or section 40(1) of the Learning and Skills (Wales) Measure 2009],

(b) may give the National Assembly other advice about those matters,

(c) shall, when requested to do so by the National Assembly, inspect and report on the provision of those services, and

(d) may undertake such other inspections of the provision of those services as he thinks fit.

(2) The National Assembly shall consult the Chief Inspector before making a request under subsection (1)(a) or (c).

(3) A request under subsection (1)(c)—

(a) may be general or in relation to specific matters,

(b) may relate to a specific person or institution providing services, or to a specific class of person or institution, and

(c) may relate to a specific area.

(4) A reference in subsection (1) to the provision of services includes a reference to the management and use of resources in providing services.

Textual Amendments

F147 Words in s. 127(1)(a) inserted (7.12.2009) by Learning and Skills (Wales) Measure 2009 (nawm 1), ss. 42(3), 49(2); S.I. 2009/3174, art. 2(1)(m)

Commencement Information

I41 S. 127 not in force at Royal Assent see s. 154; s. 127 in force for W. at 1.4.2001 by S.I. 2001/1274, art. 2, Sch. Pt. I

128 Conduct and effect of inspections. E+W

(1) This section applies where a service is inspected pursuant to a request under section 127(1)(c) or in accordance with section 127(1)(d).

[F148 (2) A person carrying out or participating in the inspection shall have the same powers as an Inspector has under the following provisions of the Education Act 2005—

(a) section 24(3)(a) and (d) (right of access), and

(b) section 58 (computer records).]

(3) [F149 Section 29] of that Act (publication of reports) shall apply.

(4) Where the Chief Inspector arranges for the publication of a report of an inspection, the person who provides the inspected service shall—

(a) prepare a written statement of the action which he proposes to take in the light of the report and the period within which he proposes to take it,

(b) publish the statement within such period, and in such manner, as may be prescribed by regulations made by the National Assembly for Wales, and

(c) send copies of the statement to such persons as may be prescribed by regulations made by the National Assembly.

(5) Where a local authority provides an inspected service, or secures or participates in the provision of an inspected service, the authority—

(a) shall ensure that the action specified in any statement prepared under subsection (4)(a) is sufficient to remedy any weakness mentioned in the report, and

(b) shall take all reasonable steps to ensure that the action specified in the statement is taken within the period specified.

(6) If the National Assembly consider that a local authority is failing to comply with its duties under subsection (5)—

(a) the National Assembly may give directions to the local authority about the performance of those duties, and

(b) the authority shall comply with the directions.

Textual Amendments

F148 S. 128(2) substituted (1.9.2006) by Education Act 2005 (c. 18), s. 125(4), Sch. 9 para. 27(2); S.I. 2006/1338, art. 4(1), Sch. 2

F149 Words in s. 128(3) substituted (1.9.2006) by Education Act 2005 (c. 18), s. 125(4), Sch. 9 para. 27(3); S.I. 2006/1338, art. 4(1), Sch. 2

Commencement Information

I42 S. 128 not in force at Royal Assent see s. 154; s. 128 in force for W. at 1.4.2001 by S.I. 2001/1274, art. 2, Sch. Pt. I

129 Supplementary. E+W

(1) In sections 123 to 128—

• “local authority” means a county council or a county borough council,

• [F150 “Local Health Board” has the meaning given by section 11 of the National Health Service (Wales) Act 2006,]

• F151 ...

• “parent”, in relation to a child, means a person who has parental responsibility for him within the meaning of section 3 of the M24 Children Act 1989,

• “probation committee” means a committee established under section 3 of the M25 Probation Service Act 1993,

• “police authority” has the meaning given by section 101 of the M26 Police Act 1996,

• “young person” has the meaning given by section 123(3),

• “youth offending team” means a team established under section 39 of the M27 Crime and Disorder Act 1998, and

• “youth support services” has the meaning given by section 123(2).

(2) The power under section 123 shall not relate to services which are provided or to be provided outside Wales.

Textual Amendments

F150 Definition of "Local Health Board" in s. 129(1) inserted (1.4.2007) by References to Health Authorities Order 2007 (S.I. 2007/961), art. 1(1), Sch. para. 31(3)

F151 Definition of “Health Authority” in s. 129(1) omitted (1.3.2007) by virtue of National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 1 para. 203 (with Sch. 3 Pt. 1)

Commencement Information

I43 S. 129 not in force at Royal Assent see s. 154; s. 129 in force for W. at 1.4.2001 by S.I. 2001/1274, art. 2, Sch. Pt. I

Marginal Citations

M24 1989 c. 41.

M25 1993 c. 47.

M26 1996 c. 16.

M27 1998 c. 37.

City colleges and academies E+W

130 City academies. E+W

F152 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F152 Ss. 130-132 repealed (26.7.2002 except in relation to W. and otherwise 19.12.2002) by Education Act 2002 (c. 32), ss. 215(2), 216, Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/2002, art. 3; S.I. 2002/3185, art. 4, Sch. Pt. 1

131 City academies: land. E+W

F153 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F153 Ss. 130-132 repealed (26.7.2002 except in relation to W. and otherwise 19.12.2002) by Education Act 2002 (c. 32), ss. 215(2), 216, Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/2002, art. 3; S.I. 2002/3185, art. 4, Sch. Pt. 1

132 City academies: financial provisions. E+W

F154 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F154 Ss. 130-132 repealed (26.7.2002 except in relation to W. and otherwise 19.12.2002.) by Education Act 2002 (c. 32), ss. 215(2), 216, Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/2002, art. 3; S.I. 2002/3185, art. 4, Sch. Pt. 1

133 City colleges and academies: special educational needs. E+W

After section 483 of the M28 Education Act 1996 there shall be inserted—

“483A City colleges and academies: special educational needs.

(1) This section applies in relation to any child falling within subsection (2) if the condition in subsection (3) is satisfied.

(2) A child falls within this subsection if—

(a) he is a child for whom a statement is maintained under section 324, and

(b) he attends (or proposes to attend) a school which is a city technology college, a city college for the technology of the arts or a city academy.

(3) The condition in this subsection is satisfied if—

(a) the school is approved by the Secretary of State under section 347(1), or

(b) the Secretary of State consents to the child being educated at the school.

(4) The Secretary of State may by regulations make provision for securing that arrangements are made—

(a) for making the special educational provision specified in the statement;

(b) for making any non-educational provision specified in the statement.

(5) Regulations under subsection (4) may require or authorise a local education authority—

(a) to make payments to the school in respect of the child, or

(b) to provide any other assistance to the school in respect of the child.

(6) No condition or requirement imposed by virtue of section 482(4)(a) is to prevent a local education authority making payments or providing assistance by virtue of subsection (5).

(7) This section does not apply to schools in Wales.”

Marginal Citations

M28 1996 c. 56.

Pensions E+W

134 Pensions. E+W

(1) Section 1 of the M29 Superannuation Act 1972 (persons to or in respect of whom benefits may be provided by schemes under that section) shall apply to persons falling within subsection (2).

(2) This subsection applies to a person if—

(a) he has rights and obligations as a pensioner or deferred pensioner under a salary related occupational pension scheme, and

(b) the rights and obligations arose by virtue of his or another person’s employment with any of the employers specified in subsection (3).

(3) The employers are—

(a) a person with whom the Secretary of State or the National Assembly for Wales has made arrangements under section 2 of the M30 Employment and Training Act 1973 and who is specified in an order made by the Secretary of State or is of a description so specified;

(b) a company which is a subsidiary of a person falling within paragraph (a) and which is specified in an order made by the Secretary of State or is of a description so specified.

(4) A scheme under section 1 of the M31 Superannuation Act 1972 (a new scheme) may not be made in relation to the persons falling within subsection (2) unless—

(a) the trustees of the occupational scheme consent in writing to the new scheme being made,

(b) the rights of the persons under the new scheme are no less generous than their rights as they existed under the occupational scheme, and

(c) the obligations of the persons under the new scheme are no more onerous than their obligations as they existed under the occupational scheme.

Marginal Citations

M29 1972 c. 11.

M30 1973 c. 50.

M31 1972 c. 11.

135 Pensions: interpretation. E+W

(1) This section has effect for the purposes of section 134.

(2) Rights in relation to a person include—

(a) all forms of right to or eligibility for the present or future payment of a pension to or in respect of him;

(b) a right of allocation in respect of the present or future payment of a pension.

(3) A deferred pensioner is a person who has rights under the occupational scheme but is neither a pensioner under it nor a person to whom rights are accruing under it by virtue of his employment.

(4) “Salary related occupational pension scheme” has the meaning given by section 93(1A) of the M32 Pension Schemes Act 1993.

Marginal Citations

M32 1993 c. 48.

136 Pensions: delegation. E+W

(1) A function exercisable by virtue of section 1 of the M33 Superannuation Act 1972 in consequence of section 134 or of paragraph 6(1) of Schedule 1 may be exercised by (or by employees of) such person as may be authorised in that behalf by the person whose function it is.

(2) An authorisation given by virtue of subsection (1) may authorise the exercise of a function—

(a) either wholly or to such extent as may be specified in the authorisation;

(b) either generally or in such cases as may be so specified;

(c) either unconditionally or subject to the fulfilment of such conditions as may be so specified.

(3) An authorisation given by virtue of subsection (1) is to be treated for all purposes as if it were given by virtue of an order under section 69 of the M34 Deregulation and Contracting Out Act 1994 (contracting out of functions of Ministers and office-holders).

(4) An authorisation given by virtue of subsection (1) may be revoked at any time by the person who gave it.

Marginal Citations

M33 1972 c. 11.

M34 1994 c. 40.

Other miscellaneous provisions U.K.

137 Recreation and social and physical training. E+W

(1) Section 508 of the M35 Education Act 1996 (local education authorities: recreation and social and physical training) shall be amended as follows.

(2) In subsection (1) for “secondary and further education” substitute “ and secondary education ”.

(3) After subsection (1) insert—

“(1A) A local education authority may provide facilities for recreation and social and physical training as part of the facilities for further education provided (whether or not by them) for their area.”

(4) In subsection (2) for “For that purpose” substitute “ For the purpose of subsection (1) or (1A) ”.

Marginal Citations

M35 1996 c. 56.

138 Wales: provision of information by public bodies. E+W

(1) For the purpose of the provision in Wales of services mentioned in subsection (2), any of the persons or bodies mentioned in subsection (3) may supply information about a young person—

(a) to a local authority;

(b) to any other person or body involved in the provision of the services.

(2) The services are—

(a) services provided in pursuance of section 123 of this Act,

(b) services provided in pursuance of any of sections 2, 8, 9 and 10 of the M36 Employment and Training Act 1973 (training and careers services), and

(c) services wholly or partly funded in pursuance of section 12 of the M37 Industrial Development Act 1982 (careers in industry).

(3) The persons and bodies are—

(a) a local authority,

F155 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F156 (ba) a Local Health Board,]

(c) the [F157 National Assembly for Wales],

(d) a chief officer of police,

(e) a probation committee,

[F158 (ea) a probation trust,

(eb) a provider of probation services (other than a probation trust or the Secretary of State), in carrying out its statutory functions or activities of a public nature in pursuance of arrangements made under section 3 of the Offender Management Act 2007,] and

(f) a youth offending team.

Textual Amendments

F155 S. 138(3)(b) omitted (1.4.2007) by virtue of References to Health Authorities Order 2007 (S.I. 2007/961), art. 1(1), Sch. para. 31(4)

F156 S. 138(3)(ba) inserted (10.10.2002 for W., 1.3.2007 for E. immediately before the National Health Service Act 2006 comes into force) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 6(2), 42(3), Sch. 5 para. 47; S.I. 2002/2532, art. 2, Sch.; S.I. 2006/1407, art. 1(1), Sch. 1 para. 12 (with art. 4)

F157 Words in s. 138(3) substituted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 76 (with art. 7)

F158 S. 138(3)(ea)(eb) inserted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), art. 1, Sch. 1 para. 16(5)

Commencement Information

I44 S. 138 partly in force; s. 138 not in force at Royal Assent see s. 154; s. 138 in force for W. at 1.4.2001 by S.I. 2001/1274, art. 2, Sch. Pt. I

Marginal Citations

M36 1973 c. 50.

M37 1982 c. 52.

139 Induction periods for teachers. E+W

(1) Section 19 of the M38 Teaching and Higher Education Act 1998 (requirement to serve induction period) shall be amended as follows.

(2) In subsection (1) after paragraph (b) insert—

“or

(c) in such circumstances as may be prescribed, a further education institution (or a further education institution of a prescribed description).”

(3) In subsection (2)—

(a) in paragraph (f) omit “employed as a teacher at a school”, and

(b) in paragraph (k) after “schools” insert “ or to further education institutions ”.

(4) In subsection (6), for “subsection (2)” substitute “ subsections (2) and (6A) ”.

(5) After subsection (6) insert—

“(6A) Regulations under subsection (1)(c) may, in particular—

(a) provide that an induction period may not be begun without approval of the appropriate body for the serving of that induction period;

(b) provide for approval to be general or specific;

(c) make provision (including transitional provision) about the withdrawal of approval;

(d) impose conditions or limitations on the appropriate body’s power to give or withhold approval.”

(6) In subsection (10) after paragraph (c) insert—

“(d) “a further education institution” means an institution within the further education sector.”

(7) After subsection (10) insert—

“(11) In the application of this section to a further education institution—

(a) a reference to a school term shall be taken as a reference to a term of the institution;

(b) a reference to the head teacher of a school shall be taken as a reference to the principal of the institution.

(12) Sections 496 and 497 of the Education Act 1996 shall have effect as if—

(a) the duties and powers referred to in those sections included duties imposed and powers conferred by virtue of this section, and

(b) in relation to those duties and powers, the bodies to which those sections apply included the governing body of a relevant school, the governing body (within the meaning given by section 90(1) of the Further and Higher Education Act 1992) of a further education institution and an appropriate body for the purposes of subsection (2).”

Commencement Information

I45 S. 139 wholly in force at 1.1.2001; s. 139 not in force at Royal Assent see s. 154; s. 139 in force at 3.8.2000 (in so far as it relates to England, except in so far as it inserts subsection (12) into section 19 of the Teaching and Higher Education Act 1998) by S.I. 2000/2114, art. 2, Sch. Pt. I; s. 139 in force (E.) at 1.10.2000 for specified purposes by S.I. 2000/2559, art. 2, Sch. Pt. I; s. 139 in force (W.) at 1.1.2001 by S.I. 2000/3230, art. 2, Sch.

Marginal Citations

M38 1998 c. 30.

[F159 139A Assessments relating to learning difficulties: England U.K.

(1) Subsection (2) applies if a local education authority in England—

(a) maintains a statement of special educational needs for a person, and

(b) believes that the person will leave school, at the end of his last year of compulsory schooling, to receive post-16 education or training or higher education.

(2) The authority must arrange for an assessment of the person to be conducted at some time during his last year of compulsory schooling.

(3) Subsection (4) applies if a local education authority in England—

(a) maintains a statement of special educational needs for a person who is over compulsory school age, and

(b) believes that the person will leave school, during or at the end of the current school year, to receive post-16 education or training or higher education.

(4) The authority must arrange for an assessment of the person to be conducted at some time during the current school year.

(5) A local education authority in England may at any time arrange for an assessment to be conducted of a person—

(a) who is within subsection (6), and

(b) for whom the authority is responsible.

(6) A person within this subsection is one who—

(a) is in his last year of compulsory schooling, or is over compulsory school age but has not attained the age of 25,

(b) appears to the authority to have a learning difficulty within the meaning of section 13, and

(c) is receiving, or in the opinion of the authority is likely to receive, post-16 education or training or higher education.

(7) In exercising its functions under this section an authority must have regard to any guidance issued by the Secretary of State.

Textual Amendments

F159 Ss. 139A-139C inserted (26.11.2008) by Education and Skills Act 2008 (c. 25), ss. 80, 173(1)(a)

139B Assessments under section 139A: interpretation U.K.

(1) This section applies for the purposes of section 139A.

(2) A statement of special educational needs is a statement maintained under section 324 of the Education Act 1996.

(3) An assessment of a person is an assessment, resulting in a written report, of—

(a) the person's educational and training needs, and

(b) the provision required to meet them.

(4) A local education authority is responsible for—

(a) a person who is receiving education or training in its area;

(b) a person who is not receiving education or training, but who is normally resident in its area;

(c) a person who is not receiving education or training, and who is not normally resident in its area or that of another authority, but who is otherwise within its area and, in its opinion, likely to receive post-16 education or training or higher education.

(5) A person's last year of compulsory schooling is the last school year at his school during the whole or part of which he is of compulsory school age; and in the application of section 139A(6) to a person who is receiving education at an institution other than a school, that institution is to be treated for the purpose of determining his last year of compulsory schooling as though it were a school.

(6) “Higher education” is education provided by means of a course of any description mentioned in Schedule 6 to the Education Reform Act 1988.

(7) “Post-16 education or training” means post-16 education or post-16 training within the meaning of Part 1.

(8) “School year” has the meaning given in section 579(1) of the Education Act 1996.

Textual Amendments

F159 Ss. 139A-139C inserted (26.11.2008) by Education and Skills Act 2008 (c. 25), ss. 80, 173(1)(a)

139C Assessments under section 139A: persons educated at home U.K.

(1) Section 139A applies in relation to a person who is receiving education at home, subject to the following modifications.

(2) In section 139A(1)(b) and (3)(b), references to a person's leaving school to receive post-16 education or training or higher eduction are to be construed as references to a person's ceasing to receive education at home in order to receive, otherwise than in a school, post-16 education or training or higher education.

(3) References to a person's last year of compulsory schooling are to be construed as references to the 12 month period ending when the person ceases to be of compulsory school age.

(4) References to the current school year are to be construed as references to the period of 12 months beginning on the most recent 1st September.]

Textual Amendments

F159 Ss. 139A-139C inserted (26.11.2008) by Education and Skills Act 2008 (c. 25), ss. 80, 173(1)(a)

140 [F160 Assessments relating to learning difficulties: Wales] E+W

(1) Subsection (2) applies if—

(a) a local education authority [F161 in Wales] maintains a statement of special educational needs for a person under section 324 of the Education Act 1996, and

(b) the [F162 Welsh Ministers believe] that the person will leave school at the end of his last year of compulsory schooling to receive post-16 education or training (within the meaning of [F162 Part 2] of this Act) or higher education (within the meaning of the M39 Education Reform Act 1988).

(2) [F163 The Welsh Ministers] must arrange for an assessment of the person to be conducted at some time during the person’s last year of compulsory schooling.

(3) [F164 The Welsh Ministers] may at any time arrange for an assessment to be conducted of a person—

(a) who is in his last year of compulsory schooling or who is over compulsory school age but has not attained the age of 25,

(b) who appears [F165 to the Welsh Ministers] to have a learning difficulty (within the meaning of [F165 section 41]), and

(c) who is receiving, or in the [F166 opinion of the Welsh Ministers] is likely to receive, post-16 education or training (within the meaning of [F166 Part 2] of this Act) or higher education (within the meaning of the M40 Education Reform Act 1988).

(4) For the purposes of this section an assessment of a person is an assessment resulting in a written report of—

(a) his educational and training needs, and

(b) the provision required to meet them.

(5) A local education authority [F167 in Wales] must send a copy of a statement maintained by it under section 324 of the M41 Education Act 1996 to the [F168 Welsh Ministers on their request].

F169 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F160 S. 140 heading substituted (26.11.2008) by Education and Skills Act 2008 (c. 25), s. 173(1)(g), Sch. 1 para. 77

F161 Words in s. 140(1)(a) inserted (26.11.2008) by Education and Skills Act 2008 (c. 25), s. 173(1)(g), Sch. 1 para. 77(a)

F162 Words in s. 140(1)(b) substituted (26.11.2008) by Education and Skills Act 2008 (c. 25), s. 173(1)(g), Sch. 1 para. 77(b)

F163 Words in s. 140(2) substituted (26.11.2008) by Education and Skills Act 2008 (c. 25), s. 173(1)(g), Sch. 1 para. 77(c)

F164 Words in s. 140(3) substituted (26.11.2008) by Education and Skills Act 2008 (c. 25), s. 173(1)(g), Sch. 1 para. 77(c)

F165 Words in s. 140(3)(b) substituted (26.11.2008) by Education and Skills Act 2008 (c. 25), s. 173(1)(g), Sch. 1 para. 77(d)

F166 Words in s. 140(3)(c) substituted (26.11.2008) by Education and Skills Act 2008 (c. 25), s. 173(1)(g), Sch. 1 para. 77(e)

F167 Words in s. 140(5) inserted (26.11.2008) by Education and Skills Act 2008 (c. 25), s. 173(1)(g), Sch. 1 para. 77(f)

F168 Words in s. 140(5) substituted (26.11.2008) by Education and Skills Act 2008 (c. 25), s. 173(1)(g), Sch. 1 para. 77(f)

F169 S. 140(6) repealed (26.11.2008) by Education and Skills Act 2008 (c. 25), s. 173(1)(g), Sch. 1 para. 77(g), 2

Commencement Information

I46 S. 140 partly in force; s. 140 not in force at Royal Assent see s. 154; s. 140(5) in force for E. at 1.3.2001 by S.I. 2001/654, art. 2, Sch. Pt. I; s. 140(3)(4) in force for E. at 1.4.2001 by S.I. 2001/654, art. 2, Sch. Pt. II; s. 140(3) in force for W. at 1.4.2001 by S.I. 2001/1274, art. 2, Sch. Pt. I; s. 140(4)(5)(6) in force for W. for specified purposes at 1.4.2001 by S.I. 2001/1274, art. 2, Sch. Pt. I; s. 140(1)(2)(4)-(6) wholly in force for W. at 1.4.2002 by S.I. 2001/2705, art. 2, Sch. Pt. I; s. 140(1)(2) in force for E. at 1.4.2002 by S.I. 2002/279, art. 2(2)(b) (with art. 3)

Marginal Citations

M39 1988 c. 40.

M40 1988 c. 40.

M41 1996 c. 56.

141 Training programmes: cessation of funding. E+W

(1) This section applies to a company if—

(a) it has entered into an arrangement with the Secretary of State with a view to receiving payments under section 2(2)(d) of the M42 Employment and Training Act 1973 (arrangements in respect of training) in connection with the provision of facilities,

(b) before the passing of this Act the company has received notice from the Secretary of State that he intends to terminate the arrangement mentioned in paragraph (a),

(c) the company’s [F170 articles of association] are in a form approved by the Secretary of State generally or specifically for purposes connected with arrangements of the kind described in paragraph (a), and

(d) the company’s [F171 articles of association] requires all income and profits to be applied towards the promotion of the company’s objects and not to be distributed to members.

(2) Unless the Secretary of State consents in writing, a company to which this section applies may not after the passing of this Act—

(a) take action of a prescribed kind, or

(b) cause or permit a person to take action of a prescribed kind.

(3) In subsection (2) “prescribed” means prescribed by order of the Secretary of State; and the action which may be prescribed under that subsection includes, in particular—

(a) making a disposal or payment of a prescribed kind or in prescribed circumstances,

(b) incurring expenditure of a prescribed kind or in prescribed circumstances, and

(c) entering into a transaction of a prescribed kind or in prescribed circumstances.

(4) A company to which this section applies shall comply with a written direction from the Secretary of State given after the passing of this Act which requires it to transfer an asset to—

(a) a specified body, or

(b) the Secretary of State.

(5) Before giving a direction to a company under subsection (4) the Secretary of State shall consult the company.

(6) Where a company to which this section applies takes, causes or permits action in contravention of subsection (2) the High Court may on the application of the Secretary of State make any order which seems to it appropriate.

(7) An order under subsection (6) may, in particular—

(a) provide for a contract or other agreement to be of no effect;

(b) vary the terms of a contract or other agreement;

(c) require money to be paid to the Secretary of State by or on behalf of the company to which this section applies;

(d) require money to be paid to the Secretary of State by or on behalf of any other specified person;

(e) require the Secretary of State to pay to a specified person compensation of an amount specified in the order or determined in accordance with the order.

(8) Section 150 shall not apply to this section; but in the application of this section to a company which operates in Wales—

(a) a reference to the Secretary of State in subsection (1)(a) and (b) shall be construed as a reference to the Secretary of State or the National Assembly for Wales,

(b) the functions conferred or imposed on the Secretary of State by subsections (2) to (6) shall be exercisable by the National Assembly, and

(c) a reference in subsections (2) to (7) to the Secretary of State shall be taken as a reference to the National Assembly.

Textual Amendments

F170 Words in s. 141(1)(c) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 182(a) (with art. 10)

F171 Words in s. 141(1)(d) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 182(b) (with art. 10)

Commencement Information

I47 S. 141 wholly in force at 1.1.2001; s. 141 not in force at Royal Assent see s. 154; s. 141 in force (E.) at 10.8.2000 by S.I. 2000/2114, art. 2(2), Sch. Pt. II; s. 141 in force (W.) at 1.1.2001 by S.I. 2000/3230, art. 2, Sch.

Marginal Citations

M42 1973 c. 50.

142 Further and higher education corporations: secondary education. E+W

(1) Section 18 of the M43 Further and Higher Education Act 1992 (further education corporation: principal powers) shall be amended as follows—

(a) for subsection (1)(aa) substitute—

“(aa) provide secondary education to persons who would, if they were pupils at a school, be in the fourth key stage,

(ab) provide education which is secondary education by virtue of section 2(2B) of the M44 Education Act 1996 (definition of secondary education),

(ac) participate in the provision of secondary education at a school,”,

and

(b) after subsection (1) insert—

“(1A) A further education corporation may not provide education of a kind specified in subsection (1)(aa), (ab) or (ac) above unless they have consulted such local education authorities as they consider appropriate.”

(2) Section 124 of the M45 Education Reform Act 1988 (higher education corporation: powers) shall be amended as follows—

(a) after subsection (1)(b) insert—

“(ba) to provide secondary education to persons who would, if they were pupils at a school, be in the fourth key stage,

(bb) to provide education which is secondary education by virtue of section 2(2B) of the Education Act 1996 (definition of secondary education),

(bc) to participate in the provision of secondary education at a school,”,

and

(b) after subsection (1) insert—

“(1A) A higher education corporation may not provide education of a kind specified in subsection (1)(ba) or (bb) above unless they have consulted such local education authorities as they consider appropriate.”

Commencement Information

I48 S. 142 wholly in force at 1.4.2001; s. 142 not in force at Royal Assent see s. 154; s. 142 in force for E. at 1.4.2001 by S.I. 2001/654, art. 2, Sch. Pt. II; s. 142 in force for W. at 1.4.2001 by S.I. 2001/1274, art. 2, Sch. Pt. I

Marginal Citations

M43 1992 c. 13.

M44 1996 c. 56.

M45 1988 c. 40.

143 Further education sector: designated institutions. E+W

(1) Section 28 of the M46 Further and Higher Education Act 1992 (designation for funding by Further Education Funding Councils) shall be amended as follows—

(a) in subsection (1) for “as eligible to receive support from funds administered by the councils” substitute “ for the purposes of this section ”,

(b) subsection (2)(b) shall cease to have effect, and

(c) after subsection (2)(c) add—

“or

(d) an institution established for the purpose of being principally concerned with the provision of one or both of the kinds of education specified in subsection (1) above.”

(2) The following shall be substituted for section 30 of the M47 Further and Higher Education Act 1992 (special provision for voluntary aided sixth form colleges)—

“30 Special provision for certain institutions.

(1) Notwithstanding anything in section 29 of this Act, the instrument of government of a designated institution to which this section applies must provide—

(a) for the governing body of the institution to include persons appointed for the purpose of securing so far as practicable that the established character of the institution at the time of its designation is preserved and developed and, in particular, that the institution is conducted in accordance with any trust deed relating to it, and

(b) for the majority of members of the governing body to be such governors.

(2) This section applies to—

(a) an institution which, when designated, was a voluntary aided school, and

(b) an institution specified, or falling within a class specified, by the Secretary of State by order.

(3) The Secretary of State may specify an institution or a class of institutions only if the institution or each member of the class is principally concerned with the provision of the education specified in section 28(1)(a) above.

(4) The reference in subsection (1)(a) above to the established character of an institution is, in relation to an institution established shortly before or at the same time as being designated, a reference to the character which the institution is intended to have on its establishment.”

(3) Section 32(2A) of the M48 Further and Higher Education Act 1992 (transfer of property on designation) shall cease to have effect.

(4) The Secretary of State may make an order providing for the constitution as a body corporate of the governing body of an institution in England which is designated under section 28 of the M49 Further and Higher Education Act 1992.

(5) The National Assembly for Wales may make an order providing for the constitution as a body corporate of the governing body of an institution in Wales which is designated under section 28 of the M50 Further and Higher Education Act 1992.

(6) An order under subsection (4) or (5) may—

(a) make provision similar to any provision of section 18 or 19 of the M51 Further and Higher Education Act 1992 (further education corporation: powers);

(b) make provision for the continuity of the body corporate, including provision for the continuation of anything done under section 29 of the M52 Further and Higher Education Act 1992 (government and conduct of designated institutions);

(c) make provision expressed to have effect subject to the institution’s instrument or articles of government;

(d) make provision which confers exempt charitable status (for the purposes of the M53 Charities Act 1993) and which relates to the governing body or to an institution administered by or established for the purposes of that body;

(e) make provision about the discontinuance of the institution;

(f) make provision about the dissolution of the body corporate (including provision about the treatment of property, rights and liabilities).

(7) Before making an order in relation to an institution under subsection (4) or (5) the Secretary of State or the National Assembly shall consult—

(a) the governing body of the institution, and

(b) the trustees of any trust relating to the institution.

Commencement Information

I49 S. 143 wholly in force at 1.4.2001; s. 143 not in force at Royal Assent see s. 154; s. 143(1)(b)(c)(2)(4)(6)(7) in force for E. at 1.10.2000 by S.I. 2000/2559, art. 2(1), Sch. Pt. I; s. 143(1)(a)(3) in force for E. at 1.4.2001 by S.I. 2001/654, art. 2, Sch. Pt. II; s. 143 wholly in force for W. at 1.4.2001 by S.I. 2001/1274, art. 2, Sch. Pt. I

Marginal Citations

M46 1992 c. 13.

M47 1992 c. 13.

M48 1992 c. 13.

M49 1992 c. 13.

M50 1992 c. 13.

M51 1992 c. 13.

M52 1992 c. 13.

M53 1993 c. 10.

144 Designated institutions: disposal of land, &c. E+W

(1) This section applies to land which after the coming into force of this section is transferred to trustees under section 32(3)(b) of the M54 Further and Higher Education Act 1992 (transfer of property on designation of institution).

(2) This section also applies to land which—

(a) is held by trustees for the purposes of an institution which became a designated institution after the coming into force of this section, and

(b) was acquired or enhanced in value wholly or partly by means of money paid under section 65 of the M55 Education Act 1996 (grants) or paragraph 5 of Schedule 3 to the M56 School Standards and Framework Act 1998 (grants).

(3) If trustees dispose of land to which this section applies they shall notify the appropriate[F172 authority].

(4) If trustees dispose of land to which this section applies they shall pay to the appropriate [F173 authority] so much of the proceeds of disposal as may be determined to be just—

(a) by agreement between the trustees and the [F173 authority], or

(b) in default of agreement,

[F174 (i) if the land is in England, the Secretary of State;

(ii) if the land is in Wales, by an arbitrator to be appointed (the expense of which shall be borne equally by the trustees and the National Assembly for Wales) in default of agreement, by the President of the Chartered Institute of Arbitrators].

(5) In making a determination under subsection (4) regard shall be had, in particular, to—

(a) the value of the land at the date of the determination, and

(b) any enhancement of the land’s value which is attributable to expenditure by the trustees or the governing body of the designated institution.

(6) More than one determination may be made under subsection (4) in relation to a particular disposal where it is just to do so, in particular where the disposal involves the creation of a lease.

(7) If trustees permit land to which this section applies to be used for purposes not connected with the designated institution—

(a) they shall be treated for the purposes of this section as having disposed of the land, and

(b) subsection (4) shall have effect as if the reference to the proceeds of disposal were a reference to the value of the land.

(8) Where a designated institution has ceased to exist—

(a) this section applies to land which satisfied subsection (1) or (2) immediately before the institution ceased to exist, and

(b) in subsection (7) the reference to purposes not connected with the designated institution shall be treated as a reference to purposes not connected with an institution within the further education sector (within the meaning given by section 91(3) of the M57 Further and Higher Education Act 1992).

(9) In this section “the appropriate [F175 authority]” means—

[F176 (a) the Young People’s Learning Agency for England, in respect of land in England held for the purposes of a sixth form college;

(aa) the Chief Executive of Skills Funding, in respect of any other land in England;]

(b) the [F177 National Assembly for Wales], in respect of land in Wales.

Textual Amendments

F172 Word in s. 144(3) substituted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 77(a) (with art. 7)

F173 Word in s. 144(4) substituted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 77(b) (with art. 7)

F174 Word in s. 144(4)(b) substituted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 77(c) (with art. 7)

F175 Word in s. 144(9) substituted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 77(d)(i) (with art. 7)

F176 S. 144(9)(a)(aa) substituted for s. 144(9)(a) (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), art. 1(2)(a), Sch. 1 para. 100 (with art. 2(3))

F177 Words in s. 144(9)(b) substituted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 77(d)(ii) (with art. 7)

Commencement Information

I50 S. 144 wholly in force at 1.4.2001; s. 144 not in force at Royal Assent see s. 154; s. 144 in force for E. at 1.10.2000 by S.I. 2000/2559, art. 2(1), Sch. Pt. I; s. 144 in force for W. at 1.4.2001 by S.I. 2001/1274, art. 2, Sch. Pt. I

Marginal Citations

M54 1992 c. 13.

M55 1996 c. 56.

M56 1998 c. 31.

M57 1992 c. 13.

145 Further education colleges: governors’ liability. E+W

(1) Subsection (2) applies where a member of a body listed in subsection (3) is found liable in civil legal proceedings in respect of something which he did or omitted to do in the course of carrying out his duties as a member of the body.

(2) If—

(a) the member of the body applies to a court for an order under this subsection, and

(b) the court considers that the action or omission which gives rise to the member’s liability was honest and reasonable,

the court may make an order extinguishing, reducing or varying the liability.

(3) The bodies referred to in subsection (1) are—

(a) a further education corporation established by virtue of section 15, 16 or 47 of the M58 Further and Higher Education Act 1992,

[F178 (aa) a sixth form college corporation as defined in section 90 of that Act,] and

(b) a body corporate established by virtue of section 143(4) or (5) of this Act.

(4) Where a member of a body listed in subsection (3) applies to a court for an order under this subsection, the court may make any order which—

(a) relates to liability in civil legal proceedings which may come to be incurred by the member in respect of a specified course of action, and

(b) is of a kind which the court could have made if the liability had already been incurred.

(5) In subsections (2)(a) and (4) “a court” means the High Court or a county court; but this subsection is subject to any order under section 1 of the M59 Courts and Legal Services Act 1990 (allocation of business between High Court and county courts).

Textual Amendments

F178 S. 145(3)(aa) inserted (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), art. 1(2)(a), Sch. 1 para. 101 (with art. 2(3))

Commencement Information

I51 S. 145 wholly in force at 1.1.2001; s. 145 not in force at Royal Assent see s. 154; s. 145 in force (E.) at 1.10.2000 by S.I. 2000/2559, art. 2(1), Sch. Pt. I; s. 145 in force (W.) at 1.1.2001 by S.I. 2000/3230, art. 2, Sch

Marginal Citations

M58 1992 c. 13.

M59 1990 c. 41.

146 Financial support for students. E+W

(1) The M60 Teaching and Higher Education Act 1998 shall be amended as follows.

(2) In section 22 (new arrangements for giving financial support to students)—

(a) in subsection (1) for “attending” substitute “ undertaking ”, and

(b) in subsections (2)(h) and (7) omit “attendance on”.

(3) In section 23 (transfer or delegation of functions relating to student support) in subsection (1)(b)—

(a) for “at” substitute “ with ”, and

(b) for “attending” substitute “ undertaking ”.

(4) In section 26 (imposition of conditions as to fees at further or higher education institutions) in subsections (4), (5) and (10)(b) for “attending” (in each place) substitute “ undertaking ”.

(5) In section 28(1) (interpretation) in the definition of “fees” for “attendance on” (in each place) substitute “ undertaking ”.

Marginal Citations

M60 1998 c. 30.

147 Financial support for students: Northern Ireland. N.I.

(1) The M61 Education (Student Support) (Northern Ireland) Order 1998 shall be amended as follows.

F179 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) In Article 3 (new arrangements for giving financial support to students)—

(a) in paragraph (1) for “attending” substitute “ undertaking ”;

(b) in paragraphs (2)(h) and (7) omit “attendance on”.

(4) In Article 4 (transfer or delegation of functions relating to student support) in paragraph (1)(b)—

(a) for “at” substitute “ with ”, and

(b) for “attending” substitute “ undertaking ”.

F179 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F179 S. 147(2)(5) repealed (13.2.2006) by The Higher Education (Northern Ireland) Order 2005 (S.I. 2005/1116), art. 1(3), Sch.; S.R. 2006/30, art. 2

Marginal Citations

M61 S.I. 1998/1759 (N.I. 13).

148 Sex education. E+W

(1) The M62 Education Act 1996 shall be amended as follows.

(2) F180 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) In section 403 (sex education: manner of provision) in subsection (1) omit “local education authority,”.

(4) After subsection (1) of that section insert—

“(1A) The Secretary of State must issue guidance designed to secure that when sex education is given to registered pupils at maintained schools—

(a) they learn the nature of marriage and its importance for family life and the bringing up of children, and

(b) they are protected from teaching and materials which are inappropriate having regard to the age and the religious and cultural background of the pupils concerned.

(1B) In discharging their functions under subsection (1) governing bodies and head teachers must have regard to the Secretary of State’s guidance.

(1C) Guidance under subsection (1A) must include guidance about any material which may be produced by NHS bodies for use for the purposes of sex education in schools.

(1D) The Secretary of State may at any time revise his guidance under subsection (1A).”

(5) In subsection (2) of that section—

(a) for “subsection (1)” substitute “ this section ”, and

(b) at the end insert “and “NHS body” has the same meaning as in section 22 of the National Health Service Act 1977.”

(6) In section 404 (sex education: statements of policy) after subsection (1) insert—

“(1A) A statement under subsection (1) must include a statement of the effect of section 405.”

Textual Amendments

F180 S. 148(2) repealed (1.10.2002 except in relation to W. and otherwise 19.12.2002) by Education Act 2002 (c. 32), ss. 215(2), 216, Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2002/3185, art. 4, Sch. Pt. 1

Commencement Information

I52 S. 148 wholly in force at 1.4.2001; s. 148 not in force at Royal Assent see s. 154; s. 148 in force for E. at 1.11.2000 by S.I. 2000/2559, art. 2(2), Sch. Pt. II; s. 148 in force for W. at 1.4.2001 by S.I. 2001/1274, art. 2, Sch. Pt. II

Marginal Citations

M62 1996 c. 56.

149 Amendments. E+W

Schedule 9 contains miscellaneous and consequential amendments.

Commencement Information

I53 S. 149 partly in force; s. 149 not in force at Royal Assent see s. 154; s. 149 in force insofar as it relates to specified provisions of Sch. 9 (in some cases for limited extents and purposes) as follows: at 3.8.2000 and 1.9.2000 by S.I. 2000/2114, art. 2(1)(3), Sch. Pts. I, III; at 19.9.2000 by S.I. 2000/2540, art. 2, Sch.; at 1.10.2000 and 1.1.2001 by S.I. 2000/2559, art. 2, Sch. Pts. I, III; at 1.1.2001 by S.I. 2000/3230, art. 2, Sch.; at 1.4.2001 and 1.9.2001 by S.I. 2001/654, art. 2, Sch. Pts. II, III and S.I. 2001/1274, art. 2, Sch. Pts. I, II; at 1.4.2002 by S.I. 2001/2705, art. 2, Sch. Pt. I

General U.K.

150 Wales. E+W

(1) Where this Part of this Act confers a function on the Secretary of State (whether by amendment of another Act or otherwise)—

(a) the function shall be exercisable in relation to Wales by the National Assembly for Wales, and

(b) for that purpose any reference to the Secretary of State shall be taken as a reference to the National Assembly.

(2) Where—

(a) this Part confers a function on the Secretary of State by amendment of an Act, and

(b) any functions of that Act have before the passing of this Act been transferred to the National Assembly by Order in Council under section 22 of the M63 Government of Wales Act 1998 (transfer of functions),

the Order shall be treated for the purposes of any varying or revoking Order as having transferred to the National Assembly the function mentioned in paragraph (a).

(3) Subsection (1)(a) has effect subject to any Order in Council made by virtue of subsection (2).

(4) This section shall not apply in relation to—

(a) section F181 ... 92, 104, 134 [F182 , 144] or 154 of this Act,

(b) the amendment of section 1(3) of the M64 Education (Fees and Awards) Act 1983 (fees at institutions) made by Schedule 9 to this Act,

(c) the amendment of section 26 of the M65 Employment Act 1988 (status of trainees etc) made by Schedule 9 to this Act, or

(d) the amendment of section 19 of the M66 Disability Discrimination Act 1995 (discrimination in relation to goods, facilities and services) made by Schedule 9 to this Act.

Textual Amendments

F181 Reference in s. 150(4)(a) repealed (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 14 para. 63, Sch. 18 Pt. 5; S.I. 2007/935, art. 5(gg)(ii)

F182 Reference in s. 150(4)(a) inserted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 78 (with art. 7)

Marginal Citations

M63 1998 c. 38.

M64 1983 c. 40.

M65 1988 c. 19.

M66 1995 c. 50.

151 Transitional provisions. E+W

(1) [F183 Part 1] of Schedule 10 [F184 contains] transitional provisions relating to—

(a) the dissolution of the Further Education Funding Councils, and

(b) the establishment of the Learning and Skills Council for England F185 ....

F186 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Part IV of Schedule 10 contains transitional provision relating to the M67 Education (Student Loans) Act 1990.

(4) Nothing in that Schedule prejudices the generality of section 152(6).

Textual Amendments

F183 Words in s. 151(1)(a) substituted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 79(a) (with art. 7)

F184 Word in s. 151(1)(a) substituted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 79(a) (with art. 7)

F185 Words in s. 151(1)(b) omitted (1.4.2006) by virtue of National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 79(b) (with art. 7)

F186 S. 151(2) repealed (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 14 para. 64, Sch. 18 Pt. 5; S.I. 2007/935, art. 5(gg)(ii)

Marginal Citations

M67 1990 c. 6.

152 Orders and regulations. U.K.

(1) Any power to make an order or regulations under this Act shall be exercised by statutory instrument.

(2) A statutory instrument is subject to annulment in pursuance of a resolution of either House of Parliament if the instrument contains—

(a) an order made by the Secretary of State under any provision of this Act other than section 143(4) or 154(1) or (3), or

(b) regulations made by the Secretary of State under any provision of this Act.

F187 (2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F187 (2B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F187 (2C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F187 (2D) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) A statutory instrument is subject to annulment in pursuance of a resolution of the Scottish Parliament if the instrument contains regulations made by the Scottish Ministers under section 104.

(4) The power of [F188 the Department for Employment and Learning] in Northern Ireland to make regulations under section 106 or 109 shall be exercisable by statutory rule for the purposes of the M68 Statutory Rules (Northern Ireland) Order 1979; and any such regulations shall be subject to negative resolution within the meaning of section 41(6) of the M69 Interpretation Act (Northern Ireland) 1954 as if they were statutory instruments within the meaning of that Act.

(5) An order or regulations under this Act may make different provision for different purposes.

(6) An order or regulations under this Act may contain such incidental, supplementary, saving or transitional provisions as the person making the order or regulations thinks fit.

Textual Amendments

F187 S. 152(2A)-(2D) repealed (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), art. 1(2)(a)(b), Sch. 1 para. 40, Sch. 2 Pt. 1 (with art. 2(3))

F188 Words in s. 152(4) substituted (N.I.) (20.7.2001) by 2001 c. 15 (N.I.), s. 1(2)(a)

Marginal Citations

M68 S.I. 1979/1573 (N.I. 12).

M69 1954 c. 33 (N.I).

153 Repeals. E+W

Schedule 11 contains repeals.

Commencement Information

I54 S. 153 partly in force; S. 153 not in force at Royal Assent see s. 154; s. 153 in force so far as it relates to specified repeals in Sch. 11 (in some cases for limited extents or purposes) as follows: at 1.10.2000 and 1.11.2000 by S.I. 2000/2559, art. 2(1)(2), Sch. Pts. I, II; at 1.1.2001 by S.I. 2000/3230, art. 2, Sch.; at 1.4.2001 and 1.9.2001 by S.I. 2001/654, art. 2 Sch. Pts. II, III and S.I. 2001/1274, art. 2 Sch. Pts. I, II; at 1.4.2002 by S.I. 2001/2705, art. 2 Sch. Pt. I

154 Commencement. U.K.

(1) The following provisions of this Act shall come into force in accordance with provision made by the Secretary of State by order—

(a) Parts I and III,

(b) sections 89, 90, 92, 94, 98, 100(1), 101, 104 to 109, 114 to 122, 132 to 136, 146 and 147,

(c) in Schedule 9, paragraphs 11, 14, 35, 37 to 39, 41 to 43, 47 to 50, 52(3), 83, 87 and 88,

(d) Part IV of Schedule 10, and

(e) in Schedule 11, the repeals in section 91 of the M70 Further and Higher Education Act 1992 and section 142 of the M71 School Standards and Framework Act 1998 and the repeals consequential upon any provision mentioned in paragraph (c).

(2) The following provisions of this Act shall come into force in accordance with provision made by the National Assembly for Wales by order—

(a) Parts II and IV, and

(b) sections 91, 93, 99, 100(2), 102, 123 to 129 and 138.

(3) If and in so far as a provision of this Part relates to England, the Secretary of State may (subject to subsection (5)) make provision by order about its commencement.

(4) If and in so far as a provision of this Part relates to Wales, the National Assembly for Wales may (subject to subsection (5)) make provision by order about its commencement.

(5) Subsections (3) and (4) do not apply to—

(a) a provision mentioned in subsection (1) or (2),

(b) any of sections 130, 131, 150, 151, 152, 155 and 156,

(c) Schedule 8,

(d) any provision of Schedule 9 or 11 which is consequential upon section 130 or 131 or Schedule 8,

(e) Parts I to III of Schedule 10, or

(f) this section.

(6) The Secretary of State may by order make provision—

(a) in consequence of a provision of this Act being brought into force at different times in relation to England and in relation to Wales, or

(b) in consequence of one provision of this Act being brought into force before another.

(7) The National Assembly for Wales may by order make provision in relation to Wales in consequence of either of the matters mentioned in subsection (6)(a) and (b).

(8) An order under subsection (6) or (7) may, in particular, disapply or modify the application of provision made by or under this or any other Act.

Subordinate Legislation Made

P1 S. 154(1)(3) power partly exercised: different dates appointed for specified provisions by: S.I. 2000/2540, art. 2, Sch.; S.I. 2000/2114, art. 2, Sch.; S.I. 2000/2559, art. 2, Sch.; S.I. 2000/3230, art. 2, Sch; S.I. 2001/654, art. 2 Sch; S.I. 2001/1274, art. 2 Sch; S.I. 2001/2705, art. 2 Sch.; S.I. {2002/279}, art. 2 (with transitional provisions in art. 3)

Marginal Citations

M70 1992 c. 13.

M71 1998 c. 31.

155 Extent. U.K.

(1) Sections 104, 152, 154, 156 and this section extend to England and Wales, Scotland and Northern Ireland.

(2) Section 107 extends to England and Wales and Northern Ireland.

(3) Sections 106, 109 and 147 extend to Northern Ireland only.

(4) Any amendment or repeal in this Act has the same extent as the provision amended or repealed.

(5) Subject to the above, this Act extends to England and Wales only.

156 Citation. U.K.

This Act may be cited as the Learning and Skills Act 2000.

SCHEDULES

Section 1.

F189 SCHEDULE 1 E+W Learning and Skills Council for England

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F189 Sch. 1 repealed (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 6 para. 50, Sch. 16 Pt. 2; S.I. 2010/303, art. 3, Sch. 2 (with arts. 13, 14) (as amended (30.3.3010) by S.I. 2010/1151, art. 22)

F190 SCHEDULE 1A U.K. Learning aims for persons aged 19 and over

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F190 Sch. 1A repealed (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 6 para. 51, Sch. 16 Pt. 2; S.I. 2010/303, art. 3, Sch. 2

Section 19.

F191 SCHEDULE 2 E+W Local councils

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F191 Sch. 2 repealed (21.2.2008) by Further Education and Training Act 2007 (c. 25), ss 3(2)(b), 32(5), Sch. 2; S.I. 2008/313, art. 2(b)(i)

Section 26.

F192 SCHEDULE 3 E+W Committees (England)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F192 Sch. 3 repealed (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 6 para. 52, 16 Pt. 2; S.I. 2010/303, art. 3, Sch. 2

Section 30.

F193 SCHEDULE 4 E+W National Council for Education and Training for Wales

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F193 Sch. 4 omitted (1.4.2006) by virtue of National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 80 (with art. 7)

Section 48.

F194 SCHEDULE 5 E+W Committees (Wales)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F194 Sch. 5 omitted (1.4.2006) by virtue of National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 81 (with art. 7)

Section 52.

F195 SCHEDULE 6 E+W The Adult Learning Inspectorate

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F195 Sch. 6 repealed (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 14 para. 65, Sch. 18 Pt. 5; S.I. 2007/935, art. 5(gg)(ii)

Section 113.

F196 SCHEDULE 7 E+W [F196 Sixth forms requiring significant improvement [F197 : Wales]]

Textual Amendments

F196 Sch. 7 heading substituted (1.9.2005 for E., 1.9.2006 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 5 para. 3(2); S.I. 2005/2034, art. 4; S.I. 2006/1338, art. 3, Sch. 1

F197 Word in Sch. 7 heading inserted (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), art. 1(2)(a), Sch. 1 para. 41(17) (with art. 2(3))

Part I E+W Power to publish proposals

Modifications etc. (not altering text)

C7 Sch. 7 Pt. 1: functions transferred (E.) (1.4.2002) by Contracting Out (Local Education Authority Functions) (England) Order 2002 (S.I. 2002/928), art. 3, Sch. 3 para. (p)

Secondary schools E+W

1 (1) Paragraphs 2 to 7 apply to a maintained school (within the meaning given by section 20(7) of the M72 School Standards and Framework Act 1998) [F198 in Wales] which— E+W

(a) provides full-time education suitable to the requirements of pupils over compulsory school age, and

(b) provides full-time education suitable to the requirements of pupils of compulsory school age.

[F199 (2) For the purposes of those paragraphs a school requires significant improvement in relation to its sixth form if—

(a) the school is failing to give its pupils over compulsory school age an acceptable standard of education, or

(b) in relation to its provision for pupils over compulsory school age, the school is performing significantly less well than it might in all the circumstances reasonably be expected to perform. ]

Textual Amendments

F198 Words in Sch. 7 para. 1(1) inserted (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), art. 1(2)(a), Sch. 1 para. 41(2) (with art. 2(3))

F199 Sch. 7 para. 1(2) substituted (1.9.2005 for E., 1.9.2006 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 5 para. 3(3); S.I. 2005/2034, art. 4; S.I. 2006/1338, art. 3, Sch. 1

Commencement Information

I55 Sch. 7 para. 1 wholly in force at 1.4.2002; Sch. 7 para. 1 not in force at Royal Assent see s. 154; Sch. 7 para. 1 in force (E.) for the purpose of authorising the making of Regulations at 1.10.2000 by S.I. 2000/2559, art. 2(1), Sch. Pt. I; Sch. 7 para. 1 wholly in force for E. at 1.4.2001 by S.I. 2001/654, art. 2, Sch. 2 Pt. II; Sch. 7 para. 1 in force for W. at 1.4.2002 by S.I. 2001/2705, art. 2, Sch. Pt. I

Marginal Citations

M72 1998 c. 31.

[F200 2 E+W If a person who inspects a school—

(a) states in his report an opinion, in accordance with section F201 ... 34(7) or 35 (2) or (5) of the Education Act 2005 (school no longer requiring special measures), that special measures are not required to be taken in relation to the school, but

(b) is of the opinion that the school requires significant improvement in relation to its sixth form,

he shall state that opinion in his report. ]

Textual Amendments

F200 Sch. 7 para. 2 substituted (1.9.2005 for E., 1.9.2006 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 5 para. 3(4); S.I. 2005/2034, art. 4; S.I. 2006/1338, art. 3, Sch. 1

F201 Word in Sch. 7 para. 2(a) repealed (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), art. 1(2)(a)(b), Sch. 1 para. 41(3), Sch. 2 Pt. 1 (with art. 2(3))

3 (1) This paragraph applies if in the course of an area inspection under F202 [F203 ... section 83 of this Act] the Chief Inspector forms the opinion that a particular school [F204 requires significant improvement in relation to its sixth form ]. E+W

(2) The Chief Inspector shall make a report about the school stating his opinion.

[F205 (3) The report shall be treated for all purposes of this Schedule and Part 1 of the Education Act 2005 (inspections) as if it were a report of an inspection of a school under section F206 ... 28 of that Act. ]

Textual Amendments

F202 Words in Sch. 7 para. 3(1) repealed (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), art. 1(2)(a)(b), Sch. 1 para. 41(4)(a), Sch. 2 Pt. 1 (with art. 2(3))

F203 Words in Sch. 7 para. 3(1) substituted (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 14 para. 66(2); S.I. 2007/935, art. 5(gg)

F204 Words in Sch. 7 para. 3(1) substituted (1.9.2005 for E., 1.9.2006 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 5 para. 3(5)(a); S.I. 2005/2034, art. 4; S.I. 2006/1338, art. 3, Sch. 1

F205 Sch. 7 para. 3(3) substituted (1.9.2005 for E., 1.9.2006 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 5 para. 3(5)(b); S.I. 2005/2034, art. 4; S.I. 2006/1338, art. 3, Sch. 1

F206 Words in Sch. 7 para. 3(3) repealed (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), art. 1(2)(a)(b), Sch. 1 para. 41(4)(b), Sch. 2 Pt. 1 (with art. 2(3))

Commencement Information

I56 Sch. 7 para. 3 wholly in force at 1.4.2002; Sch. 7 para. 3 not in force at Royal Assent see s. 154; Sch. 7 para. 3 in force (E.) for the purpose of authorising the making of Regulations at 1.10.2000 by S.I. 2000/2559, art. 2(1), Sch. Pt. I; Sch. 7 para. 3 wholly in force for E. at 1.4.2001 by S.I. 2001/654, art. 2, Sch. Pt. II; Sch. 7 para. 3 in force for W. at 1.4.2002 by S.I. 2001/2705, art. 2, Sch. Pt. I

4 (1) Parts II and III of this Schedule shall apply in relation to a school if— E+W

(a) an opinion that it [F207 requires significant improvement in relation to its sixth form] is stated in a report in accordance with paragraph 2, and

(b) F208 ... the person making the report is not a member of the Inspectorate, the report also states that the Chief Inspector agrees with his opinion.

(2) Parts II and III of this Schedule shall also apply in relation to a school if—

[F209 (a) a report of an inspection under Chapter F210 ... 3 of Part 1 of the Education Act 2005 states the opinion that the school requires significant improvement in relation to its sixth form, ]

(b) the next report of a kind mentioned in paragraph (a) also states that opinion,

(c) F211 ...each report either results from an inspection by a member of the Inspectorate or states that the Chief Inspector agrees with the opinion mentioned in paragraph (a) or (b), and

(d) neither report states the opinion that special measures are required to be taken in relation to the school.

Textual Amendments

F207 Words in Sch. 7 para. 4(1)(a) substituted (1.9.2005 for E., 1.9.2006 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 5 para. 3(6)(a)(i); S.I. 2005/2034, art. 4; S.I. 2006/1338, art. 3, Sch. 1

F208 Words in Sch. 7 para. 4(1)(b) repealed (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), art. 1(2)(a)(b), Sch. 1 para. 41(5)(a), Sch. 2 Pt. 1 (with art. 2(3))

F209 Sch. 7 para. 4(2)(a) substituted (1.9.2005 for E., 1.9.2006 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 5 para. 3(6)(b)(i); S.I. 2005/2034, art. 4; S.I. 2006/1338, art. 3, Sch. 1

F210 Words in Sch. 7 para. 4(2)(a) repealed (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), art. 1(2)(a)(b), Sch. 1 para. 41(5)(b), Sch. 2 Pt. 1 (with art. 2(3))

F211 Words in Sch. 7 para. 4(2)(c) repealed (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), art. 1(2)(a)(b), Sch. 1 para. 41(5)(c), Sch. 2 Pt. 1 (with art. 2(3))

Commencement Information

I57 Sch. 7 para. 4 wholly in force at 1.4.2002; Sch. 7 para. 4 not in force at Royal Assent see s. 154; Sch. 7 para 4 in force (E.) for the purpose of authorising the making of Regulations at 1.10.2000 by S.I. 2000/2559, art. 2(1), Sch. Pt. I; Sch. 7 para. 4 wholly in force for E. at 1.4.2001 by S.I. 2001/654, art. 2, Sch. Pt. II; Sch. 7 para. 4 in force for W. at 1.4.2002 by S.I. 2001/2705, art. 2, Sch. Pt. I

5 (1) Parts II and III of this Schedule shall cease to apply in relation to a school if a report of an inspection under [F212 Chapter F213 ... 3 of Part 1 of the Education Act 2005 ] or [F214 , F213 ... section 83 ]of this Act concludes— E+W

(a) that special measures are required to be taken in relation to the school, or

(b) that the school does not [F215 require significant improvement in relation to its sixth form ].

(2) Where F216 ... the person making a report is not a member of the Inspectorate, sub-paragraph (1) shall not apply unless the report states that the Chief Inspector agrees with the conclusion mentioned in that sub-paragraph.

(3) Sub-paragraph (1) shall not prevent the continued application of Parts II and III of this Schedule in a case where proposals have been published under paragraph 16 or 20.

Textual Amendments

F212 Words in Sch. 7 para. 5(1) substituted (1.9.2005 for E., 1.9.2006 for W..) by Education Act 2005 (c. 18), s. 125(4), Sch. 5 para. 3(7)(a)(i); S.I. 2005/2034, art. 4; S.I. 2006/1338, art. 3, Sch. 1

F213 Words in Sch. 7 para. 5(1) repealed (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), art. 1(2)(a)(b), Sch. 1 para. 41(6)(a), Sch. 2 Pt. 1 (with art. 2(3))

F214 Words in Sch. 7 para. 5(1) substituted (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 14 para. 66(3); S.I. 2007/935, art. 5(gg)

F215 Words in Sch. 7 para. 5(1)(b) substituted (1.9.2005 for E.., 1.9.2006 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 5 para. 3(7)(a)(ii); S.I. 2005/2034, art. 4; S.I. 2006/1338, art. 3, Sch. 1

F216 Words in Sch. 7 para. 5(2) repealed (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), art. 1(2)(a)(b), Sch. 1 para. 41(6)(b), Sch. 2 Pt. 1 (with art. 2(3))

Commencement Information

I58 Sch. 7 para. 5 wholly in force at 1.4.2002; Sch. 7 para. 5 not in force at Royal Assent see s. 154; Sch. 7 para. 5 in force (E.) for the purpose of authorising the making of Regulations at 1.10.2000 by S.I. 2000/2559, art. 2(1), Sch. Pt. I; Sch. 7 para. 5 wholly in force for E. at 1.4.2001 by S.I. 2001/654, art. 2, Sch. Pt. II; Sch. 7 para. 5 in force for W. at 1.4.2002 by S.I. 2001/2705, art. 2, Sch. Pt. I

6 [F217 (1) This paragraph applies to a report of an inspection under Chapter F218 ...3 of Part 1 of the Education Act 2005 which— E+W

(a) states an opinion that a school requires significant improvement in relation to its sixth form, and

(b) F219 ... is made by a member of the Inspectorate or states that the Chief Inspector agrees with the opinion mentioned in paragraph (a). ]

(2) The person making a report to which this paragraph applies shall send a copy (together with a copy of the summary, if there is one)—

(a) to F220 ... the National Assembly for Wales, and

[F221 (b) if F222 ... the person making the report is a member of the Inspectorate,

to the appropriate authority for the school. ]

[F223 (3) The following provisions of the Education Act 2005 shall apply (with the necessary modifications) in relation to a report to which this paragraph applies—

F224 ( a ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F224 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(i) section 38(2) (additional copies),

(ii) section 38(4) (publication by appropriate authority),

(iii) section 39 (action plan by appropriate authority), and

(iv) where the local education authority receives a copy of a report about a school the governing body of which have a delegated budget, section 40(2) and (3) (measures by local education authority). ]

(4) In the application of those provisions—

(a) a reference to a report and summary shall be taken as a reference to a report and, if there is one, its summary, and

(b) a reference to a summary alone shall be taken, in a case where there is no summary, as a reference to the report.

Textual Amendments

F217 Sch. 7 para. 6(1) substituted (1.9.2005 for E. for specified purposes, 1.9.2006 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 5 para. 3(8)(a); S.I. 2005/2034, art. 4; S.I. 2006/1338, art. 3, Sch. 1

F218 Words in Sch. 7 para. 6(1) repealed (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), art. 1(2)(a)(b), Sch. 1 para. 41(7)(a), Sch. 2 Pt. 1 (with art. 2(3))

F219 Words in Sch. 7 para. 6(1)(b) repealed (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), art. 1(2)(a)(b), Sch. 1 para. 41(7)(b), Sch. 2 Pt. 1 (with art. 2(3))

F220 Words in Sch. 7 para. 6(2)(a) repealed (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), art. 1(2)(a)(b), Sch. 1 para. 41(7)(c), Sch. 2 Pt. 1 (with art. 2(3))

F221 Sch. 7 para. 6(2)(b) substituted (1.9.2005 for E. for specified purposes, 1.9.2006 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 5 para. 3(8)(b); S.I. 2005/2034, art. 4; S.I. 2006/1338, art. 3, Sch. 1

F222 Words in Sch. 7 para. 6(2)(b) repealed (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), art. 1(2)(a)(b), Sch. 1 para. 41(7)(d), Sch. 2 Pt. 1 (with art. 2(3))

F223 Sch. 7 para. 6(3) substituted (1.9.2005 for E. for specified purposes, 1.9.2006 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 5 para. 3(8)(c); S.I. 2005/2034, art. 4; S.I. 2006/1338, art. 3, Sch. 1

F224 Words in Sch. 7 para. 6(3) repealed (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), art. 1(2)(a)(b), Sch. 1 para. 41(7)(e), Sch. 2 Pt. 1 (with art. 2(3))

Commencement Information

I59 Sch. 7 para. 6 wholly in force at 1.4.2002; Sch. 7 para. 6 not in force at Royal Assent see s. 154; Sch. 7 para. 6 in force (E.) for the purpose of authorising the making of Regulations at 1.10.2000 by S.I. 2000/2559, art. 2(1), Sch. Pt. I; Sch. 7 para. 6 wholly in force for E. at 1.4.2001 by S.I. 2001/654, art. 2, Sch. Pt. II; Sch. 7 para. 6 in force for W. at 1.4.2002 by S.I. 2001/2705, art. 2, Sch. Pt. I

[F225 7 (1) Where a person who inspects a school is of the opinion that a school requires significant improvement in relation to its sixth form, the provisions specified in sub-paragraph (2) shall apply, with the necessary modifications, as they apply where he is of the opinion that special measures are required to be taken in relation to the school. E+W

(2) Those provisions are—

F226 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

( b) F226 ... [F227 section 34(1) to (6) of the Education Act 2005 ] (registered inspectors) or, as the case requires, section 35(1) of that Act (members of the Inspectorate). ]

Textual Amendments

F225 Sch. 7 para. 7 substituted (1.9.2005 for E. for specified purposes, 1.9.2006 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 5 para. 3(9); S.I. 2005/2034, art. 4; S.I. 2006/1338, art. 3, Sch. 1

F226 Words in Sch. 7 para. 7(2) repealed (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), art. 1(2)(a)(b), Sch. 1 para. 41(8)(a), Sch. 2 Pt. 1 (with art. 2(3))

F227 Words in Sch. 7 para. 7(2) substituted (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), art. 1(2)(a)(b), Sch. 1 para. 41(8)(b) (with art. 2(3))

Institutions for 16-19 year olds E+W

8 E+W Paragraphs 9 to 14 apply to a maintained school (within the meaning given by section 20(7) of the M73 School Standards and Framework Act 1998) [F228 in Wales] which—

(a) provides full-time education suitable to the requirements of pupils over compulsory school age, and

(b) does not provide full-time education suitable to the requirements of pupils of compulsory school age.

Textual Amendments

F228 Words in Sch. 7 para. 8 inserted (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), art. 1(2)(a), Sch. 1 para. 41(9) (with art. 2(3))

Commencement Information

I60 Sch. 7 para. 8 wholly in force at 1.4.2002; Sch. 7 para. 8 not in force at Royal Assent see s. 154; Sch. 7 para. 8 in force (E.) for the purpose of authorising the making of Regulations at 1.10.2000 by S.I. 2000/2559, art. 2(1), Sch. Pt. I; Sch. 7 para. 8 wholly in force for E. at 1.4.2001 by S.I. 2001/654, art. 2, Sch. Pt. II; Sch. 7 para. 8 in force for W. at 1.4.2002 by S.I. 2001/2705, art. 2, Sch. Pt. I

Marginal Citations

M73 1998 c. 31.

F229 9 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F229 Sch. 7 para. 9 repealed (1.9.2005 for E., 1.9.2006 for W.) by Education Act 2005 (c. 18), Sch. 5 para. 10, Sch. 19 Pt. 1; S.I. 2005/2034, art. 4; S.I. 2006/1338, art. 3, Sch. 1

10 (1) This paragraph applies if in the course of an area inspection under F230 [F231 ... section 83 of this Act] the Chief Inspector forms the opinion that— E+W

(a) special measures are required to be taken in relation to a particular school, or

(b) that a particular school [F232 requires significant improvement].

(2) The Chief Inspector shall make a report about the school stating his opinion.

(3) The report shall be treated for all purposes of this Schedule and the [F233 Part 1 of the Education Act 2005 ] as if it were the report of an inspection of a school under [F234 section F235 ... 28 ] of that Act.

Textual Amendments

F230 Words in Sch. 7 para. 10(1) repealed (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), art. 1(2)(a)(b), Sch. 1 para. 41(10)(a), Sch. 2 Pt. 1 (with art. 2(3))

F231 Words in Sch. 7 para. 10(1) substituted (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 14 para. 66(4); S.I. 2007/935, art. 5(gg)

F232 Words in Sch. 7 para. 10(1)(b) substituted (1.9.2005 for E., 1.9.2006 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 5 para. 3(11)(a); S.I. 2005/2034, art. 4; S.I. 2006/1338, art. 3, Sch. 1

F233 Words in Sch. 7 para. 10(3) substituted (1.9.2005 for E., 1.9.2006 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 5 para. 3(11)(b)(i); S.I. 2005/2034, art. 4; S.I. 2006/1338, art. 3, Sch. 1

F234 Words in Sch. 7 para. 10(3) substituted (1.9.2005 for E., 1.9.2006 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 5 para. 3(11)(b)(ii); S.I. 2005/2034, art. 4; S.I. 2006/1338, art. 3, Sch. 1

F235 Words in Sch. 7 para. 10(3) repealed (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), art. 1(2)(a)(b), Sch. 1 para. 41(10)(b), Sch. 2 Pt. 1 (with art. 2(3))

Commencement Information

I61 Sch. 7 para. 10 wholly in force at 1.4.2002; Sch. 7 para. 10 not in force at Royal Assent see s. 154; Sch. 7 para. 10 in force (E.) for the purpose of authorising the making of Regulations at 1.10.2000 by S.I. 2000/2559, art. 2(1), Sch. Pt. I; Sch. 7 para. 10 wholly in force for E. at 1.4.2001 by S.I. 2001/654, art. 2, Sch. Pt. II; Sch. 7 para. 10 in force for W. at 1.4.2002 by S.I. 2001/2705, art. 2, Sch. Pt. I

11 [F236 (1) Parts 2 and 3 of this Schedule shall apply— E+W

(a) F237 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) F237 ... if—

(i) a report of an inspection of the school made under Chapter 3 of Part 1 of the Education Act 2005 states in accordance with section 34(7) or 35(5) an opinion that special measures are not required to be taken in relation to the school,

(ii) the report also states in accordance with section 34(6) or 35(4) an opinion that the school requires significant improvement, and

(iii) where the person making the report is not a member of the Inspectorate, the report also states that the Chief Inspector agrees with his opinion.]

(2) Parts II and III of this Schedule shall also apply in relation to a school if—

[F238 (a) a report of an inspection under Chapter F239 ... 3 of Part 1 of the Education Act 2005 states that special measures are required to be taken in relation to the school or that the school requires significant improvement, ]

(b) the next report of a kind mentioned in paragraph (a) also states an opinion of a kind mentioned in that paragraph, and

(c) F240 ... each report either results from an inspection by a member of the Inspectorate or states that the Chief Inspector agrees with the opinion mentioned in paragraph (a) or (b).

Textual Amendments

F236 Sch. 7 para. 11(1) substituted (1.9.2005 for E. for specified purposes, 1.9.2006 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 5 para. 3(12)(a); S.I. 2005/2034, art. 4; S.I. 2006/1338, art. 3, Sch. 1

F237 Words in Sch. 7 para. 11(1) repealed (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), art. 1(2)(a)(b), Sch. 1 para. 41(11)(a), Sch. 2 Pt. 1 (with art. 2(3))

F238 Sch. 7 para. 11(2)(a) substituted (1.9.2005 for E., 1.9.2006 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 5 para. 3(12)(b)(i); S.I. 2005/2034, art. 4; S.I. 2006/1338, art. 3, Sch. 1

F239 Words in Sch. 7 para. 11(2)(a) repealed (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), art. 1(2)(a)(b), Sch. 1 para. 41(11)(b), Sch. 2 Pt. 1 (with art. 2(3))

F240 Words in Sch. 7 para. 11(2)(c) repealed (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), art. 1(2)(a)(b), Sch. 1 para. 41(11)(c), Sch. 2 Pt. 1 (with art. 2(3))

Commencement Information

I62 Sch. 7 para. 11 wholly in force at 1.4.2002; Sch. 7 para. 11 not in force at Royal Assent see s. 154; Sch. 7 para. 11 in force (E.) for the purpose of authorising the making of Regulations at 1.10.2000 by S.I. 2000/2559, art. 2(1), Sch. Pt. I; Sch. 7 para. 11 wholly in force for E. at 1.4.2001 by S.I. 2001/654, art. 2, Sch. Pt. II; Sch. 7 para. 11 in force for W. at 1.4.2002 by S.I. 2001/2705, art. 2, Sch. Pt. I

12 (1) Parts II and III of this Schedule shall cease to apply in relation to a school if a report of an inspection under [F241 Chapter F242 ... 3 of Part 1 of the Education Act 2005 ] or [F243 , F242 ... section 83 ] of this Act states— E+W

(a) that special measures are not required to be taken in relation to the school, or

(b) that the school does not [F244 require significant improvement].

(2) Where F245 ... the person making a report is not a member of the Inspectorate, sub-paragraph (1) shall not apply unless the report states that the Chief Inspector agrees with the conclusion mentioned in that sub-paragraph.

(3) Sub-paragraph (1) shall not prevent the continued application of Parts II and III of this Schedule in a case where proposals have been published under paragraph F246 ... 28.

Textual Amendments

F241 Words in Sch. 7 para. 12(1) substituted (1.9.2005 for E., 1.9.2006 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 5 para. 3(13)(a)(i); S.I. 2005/2034, art. 4; S.I. 2006/1338, art. 3, Sch. 1

F242 Words in Sch. 7 para. 12(1) repealed (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), art. 1(2)(a)(b), Sch. 1 para. 41(12)(a), Sch. 2 Pt. 1 (with art. 2(3))

F243 Words in Sch. 7 para. 12(1) substituted (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 14 para. 66(5); S.I. 2007/935, art. 5(gg)

F244 Words in Sch. 7 para. 12(1)(b) substituted (1.9.2005 for E., 1.9.2006 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 5 para. 3(13)(a)(ii); S.I. 2005/2034, art. 4; S.I. 2006/1338, art. 3, Sch. 1

F245 Words in Sch. 7 para. 12(2) repealed (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), art. 1(2)(a)(b), Sch. 1 para. 41(12)(b), Sch. 2 Pt. 1 (with art. 2(3))

F246 Words in Sch. 7 para. 12(3) repealed (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), art. 1(2)(a)(b), Sch. 1 para. 41(12)(c), Sch. 2 Pt. 1 (with art. 2(3))

Commencement Information

I63 Sch. 7 para. 12 wholly in force at 1.4.2002; Sch. 7 para. 12 not in force at Royal Assent see s. 154; Sch. 7 para. 12 in force (E.) for the purpose of authorising the making of Regulations at 1.10.2000 by S.I. 2000/2559, art. 2, Sch. Pt. I; Sch. 7 para. 12 wholly in force for E. at 1.4.2001 by S.I. 2001/654, art. 2, Sch. Pt. II; Sch. 7 para. 12 in force for W. at 1.4.2002 by S.I. 2001/2705, art. 2, Sch. Pt. I

F247 13 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F247 Sch. 7 para. 13 repealed (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 7 para. 18(3), Sch. 18 Pt. 4; S.I. 2007/935, art. 5(cc)(ii)

F248 14 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F248 Sch. 7 para. 14 repealed (1.9.2005 for E., 1.9.2006 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 5 para. 3(15), Sch. 19 Pt. 1; S.I. 2005/2034, art. 4; S.I. 2006/1338, art. 3, Sch. 1

Part II E+W Publication of proposals

Closure of sixth form: England E+W

F249 15 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F249 Sch. 7 paras. 15-18 repealed (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), art. 1(2)(a)(b), Sch. 1 para. 41(13), Sch. 2 Pt. 1 (with art. 2(3))

F249 16 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F249 Sch. 7 paras. 15-18 repealed (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), art. 1(2)(a)(b), Sch. 1 para. 41(13), Sch. 2 Pt. 1 (with art. 2(3))

F249 17 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F249 Sch. 7 paras. 15-18 repealed (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), art. 1(2)(a)(b), Sch. 1 para. 41(13), Sch. 2 Pt. 1 (with art. 2(3))

F249 18 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F249 Sch. 7 paras. 15-18 repealed (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), art. 1(2)(a)(b), Sch. 1 para. 41(13), Sch. 2 Pt. 1 (with art. 2(3))

Closure of sixth form: Wales E+W

19 E+W Paragraphs 20 and 21 apply to a school which is maintained by a local education authority in Wales and which—

(a) provides full-time education suitable to the requirements of pupils who are over compulsory school age, and

(b) provides full-time education suitable to the requirements of pupils of compulsory school age.

Commencement Information

I64 Sch. 7 para. 19 wholly in force at 1.4.2002; Sch. 7 para. 19 not in force at Royal Assent see s. 154; Sch. 7 para. 19 in force (E.) for the purpose of authorising the making of Regulations at 1.10.2000 by S.I. 2000/2559, art. 2(1), Sch. Pt. I; Sch. 7 para. 19 wholly in force for E. at 1.4.2001 by S.I. 2001/654, art. 2, Sch. Pt. II; Sch. 7 para. 19 in force for W. at 1.4.2002 by S.I. 2001/2705, art. 2, Sch. Pt. I

20 (1) The [F250 National Assembly for Wales] may publish proposals for an alteration of the school as a result of which it will no longer provide education suitable to the requirements of pupils who are over compulsory school age. E+W

(2) The proposals shall contain such information and be published in such manner as may be prescribed.

(3) Before publishing proposals the [F251 National Assembly for Wales] shall F252 ... consult such persons as they consider appropriate.

Textual Amendments

F250 Words in Sch. 7 para. 20(1) substituted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 82(2)(a) (with art. 7)

F251 Words in Sch. 7 para. 20(3) substituted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 82(2)(b)(i) (with art. 7)

F252 Words in Sch. 7 para. 20(3) omitted (1.4.2006) by virtue of National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 82(2)(b)(ii) (with art. 7)

Commencement Information

I65 Sch. 7 para. 20 wholly in force at 1.4.2002; Sch. 7 para. 20 not in force at Royal Assent see s. 154; Sch. 7 para. 20 in force (E.) for the purpose of authorising the making of Regulations at 1.10.2000 by S.I. 2000/2559, art. 2(1), Sch. Pt. I; Sch. 7 para. 20 wholly in force for E. at 1.4.2001 by S.I. 2001/654, art. 2, Sch. Pt. II; Sch. 7 para. 20 in force for W. at 1.4.2002 by S.I. 2001/2705, art. 2, Sch. Pt. I

21 F253 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

[F254 (2) In the case of a community or foundation special school, the National Assembly for Wales shall send a copy of the published proposals to such persons as may be prescribed.]

Textual Amendments

F253 Sch. 7 para. 21(1) omitted (1.4.2006) by virtue of National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 82(3)(a) (with art. 7)

F254 Sch. 7 para. 21(2) substituted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 82(3)(b) (with art. 7)

Commencement Information

I66 Sch. 7 para. 21 wholly in force at 1.4.2002; Sch. 7 para. 21 not in force at Royal Assent see s. 154; Sch. 7 para. 21 in force (E.) for the purpose of authorising the making of Regulations at 1.10.2000 by S.I. 2000/2559, art. 2(1), Sch. Pt. I; Sch. 7 para. 21 wholly in force for E. at 1.4.2001 by S.I. 2001/654, art. 2, Sch. Pt. II; Sch. 7 para. 21 in force for W. at 1.4.2002 by S.I. 2001/2705, art. 2, Sch. Pt. I

22 E+W In paragraphs 20 and 21 “prescribed” means prescribed by regulations made by the National Assembly for Wales.

Commencement Information

I67 Sch. 7 para. 22 wholly in force at 1.4.2002; Sch. 7 para. 22 not in force at Royal Assent see s. 154; Sch. 7 para. 22 in force (E.) for the purpose of authorising the making of Regulations at 1.10.2000 by S.I. 2000/2559, art. 2(1), Sch. Pt. I; Sch. 7 para. 22 wholly in force for E. at 1.4.2001 by S.I. 2001/654, art. 2, Sch. Pt. II; Sch. 7 para. 22 in force for W. at 1.4.2002 by S.I. 2001/2705, art. 2, Sch. Pt. I

Closure of institution for 16-19 year olds: England E+W

F255 23 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F255 Sch. 7 paras. 23-26 repealed (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), art. 1(2)(a)(b), Sch. 1 para. 41(13), Sch. 2 Pt. 1 (with art. 2(3))

F255 24 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F255 Sch. 7 paras. 23-26 repealed (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), art. 1(2)(a)(b), Sch. 1 para. 41(13), Sch. 2 Pt. 1 (with art. 2(3))

F255 25 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F255 Sch. 7 paras. 23-26 repealed (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), art. 1(2)(a)(b), Sch. 1 para. 41(13), Sch. 2 Pt. 1 (with art. 2(3))

F255 26 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F255 Sch. 7 paras. 23-26 repealed (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), art. 1(2)(a)(b), Sch. 1 para. 41(13), Sch. 2 Pt. 1 (with art. 2(3))

Closure of institution for 16-19 year olds: Wales E+W

27 E+W Paragraphs 28 and 29 apply to a school which—

(a) is maintained by a local education authority in Wales,

(b) provides full-time education suitable to the requirements of pupils over compulsory school age, and

(c) does not provide full-time education suitable to the requirements of pupils of compulsory school age.

Commencement Information

I68 Sch. 7 para. 27 wholly in force at 1.4.2002; Sch. 7 para. 27 not in force at Royal Assent see s. 154; Sch. 7 para. 27 in force (E.) for the purpose of authorising the making of Regulations at 1.10.2000 by S.I. 2000/2559, art. 2(1), Sch. Pt. I; Sch. 7 para. 27 wholly in force for E. at 1.4.2001 by S.I. 2001/654, art. 2, Sch. Pt. II; Sch. 7 para. 27 in force for W. at 1.4.2002 by S.I. 2001/2705, art. 2, Sch. Pt. I

28 (1) The [F256 National Assembly for Wales] may publish proposals to discontinue the school. E+W

(2) The proposals shall contain such information and be published in such manner as may be prescribed.

(3) Before publishing proposals the [F257 National Assembly for Wales] shall F258 ... consult such persons as they consider appropriate.

Textual Amendments

F256 Words in Sch. 7 para. 28(1) substituted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 82(4)(a) (with art. 7)

F257 Words in Sch. 7 para. 28(3) substituted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 82(4)(b)(i) (with art. 7)

F258 Words in Sch. 7 para. 28(3) omitted (1.4.2006) by virtue of National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 82(4)(b)(ii) (with art. 7)

Commencement Information

I69 Sch. 7 para. 28 wholly in force at 1.4.2002; Sch. 7 para. 28 not in force at Royal Assent see s. 154; Sch. 7 para. 28 in force (E.) for the purpose of authorising the making of Regulations at 1.10.2000 by S.I. 2000/2559, art. 2(1), Sch. Pt. I; Sch. 7 para. 28 wholly in force for E. at 1.4.2001 by S.I. 2001/654, art. 2, Sch. Pt. II; Sch. 7 para. 28 in force for W. at 1.4.2002 by S.I. 2001/2705, art. 2, Sch. Pt. I

29 F259 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

[F260 (2) In the case of a community or foundation special school, the National Assembly for Wales shall send a copy of the published proposals to such persons as may be prescribed.]

Textual Amendments

F259 Sch. 7 para. 29(1) omitted (1.4.2006) by virtue of National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 82(5)(a) (with art. 7)

F260 Sch. 7 para. 29(2) substituted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 82(5)(b) (with art. 7)

Commencement Information

I70 Sch. 7 para. 29 wholly in force at 1.4.2002; Sch. 7 para. 29 not in force at Royal Assent see s. 154; Sch. 7 para. 29 in force (E.) for the purpose of authorising the making of Regulations at 1.10.2000 by S.I. 2000/2559, art. 2, Sch. Pt. I; Sch. 7 para. 29 wholly in force for E. at 1.4.2001 by S.I. 2001/654, art. 2, Sch. Pt. II; Sch. 7 para. 29 in force for W. at 1.4.2002 by S.I. 2001/2705, art. 2, Sch. Pt. I

30 E+W In paragraphs 28 and 29 “prescribed” means prescribed by regulations made by the National Assembly for Wales.

Commencement Information

I71 Sch. 7 para. 30 wholly in force at 1.4.2002; Sch. 7 para. 30 not in force at Royal Assent see s. 154; Sch. 7 para. 30 in force (E.) for the purpose of authorising the making of Regulations at 1.10.2000 by S.I. 2000/2559, art. 2(1), Sch. Pt. I; Sch. 7 para. 30 wholly in force for E. at 1.4.2001 by S.I. 2001/654, art. 2, Sch. Pt. II; Sch. 7 para. 30 in force for W. at 1.4.2002 by S.I. 2001/2705, art. 2, Sch. Pt. I

Schools maintained by LEA outside its area E+W

31 (1) This paragraph applies to a school which— E+W

(a) is a community, voluntary or foundation school, and

(b) is situated in an area other than that of the local education authority who maintain it.

(2) This Part of this Schedule shall have effect in relation to a school to which this paragraph applies with such modifications as may be prescribed—

F261 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) F261 ... by regulations made by the National Assembly for Wales.

Textual Amendments

F261 Words in Sch. 7 para. 31(2) repealed (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), art. 1(2)(a)(b), Sch. 1 para. 41(14), Sch. 2 Pt. 1 (with art. 2(3))

Commencement Information

I72 Sch. 7 para. 31 wholly in force at 1.4.2002; Sch. 7 para. 31 not in force at Royal Assent see s. 154; Sch. 7 para. 31 in force (E.) for the purpose of authorising the making of Regulations at 1.10.2000 by S.I. 2000/2559, art. 2(1), Sch. Pt. I; Sch. 7 para. 31 wholly in force for E. at 1.4.2001 by S.I. 2001/654, art. 2, Sch. Pt. II; Sch. 7 para. 31 in force for W. at 1.4.2002 by S.I. 2001/2705, art. 2, Sch. Pt. I

F196 Part III E+W Implementation of proposals

England E+W

F262 32 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F262 Sch. 7 paras. 32-38 repealed (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), art. 1(2)(a)(b), Sch. 1 para. 41(15), Sch. 2 Pt. 1 (with art. 2(3))

F262 33 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F262 Sch. 7 paras. 32-38 repealed (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), art. 1(2)(a)(b), Sch. 1 para. 41(15), Sch. 2 Pt. 1 (with art. 2(3))

F262 34 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F262 Sch. 7 paras. 32-38 repealed (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), art. 1(2)(a)(b), Sch. 1 para. 41(15), Sch. 2 Pt. 1 (with art. 2(3))

F262 35 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F262 Sch. 7 paras. 32-38 repealed (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), art. 1(2)(a)(b), Sch. 1 para. 41(15), Sch. 2 Pt. 1 (with art. 2(3))

F262 36 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F262 Sch. 7 paras. 32-38 repealed (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), art. 1(2)(a)(b), Sch. 1 para. 41(15), Sch. 2 Pt. 1 (with art. 2(3))

F262 37 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F262 Sch. 7 paras. 32-38 repealed (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), art. 1(2)(a)(b), Sch. 1 para. 41(15), Sch. 2 Pt. 1 (with art. 2(3))

F262 38 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F262 Sch. 7 paras. 32-38 repealed (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), art. 1(2)(a)(b), Sch. 1 para. 41(15), Sch. 2 Pt. 1 (with art. 2(3))

Wales E+W

39 (1) Paragraphs 40 to 44 apply to schools [F263 maintained by a local education authority] in Wales in respect of which proposals are published under this Schedule. E+W

(2) In those paragraphs—

• “the National Assembly” means the National Assembly for Wales,

• F264 ...

• “prescribed” means prescribed by or determined in accordance with regulations, and

• “regulations” means regulations made by the National Assembly.

Textual Amendments

F263 Words in Sch. 7 para. 39(1) inserted (19.12.2002 for W., 1.4.2003 for E.) by Education Act 2002 (c. 32), ss. 215(1), 216, Sch. 21 para. 126(3) (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 4, Sch. Pt. 1; S.I. 2003/124, art. 4

F264 Words in Sch. 7 para. 39(2) omitted (1.4.2006) by virtue of National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 82(6) (with art. 7)

Commencement Information

I73 Sch. 7 para. 39 wholly in force at 1.4.2002; Sch. 7 para. 39 not in force at Royal Assent see s. 154; Sch. 7 para. 39 in force (E.) for the purpose of authorising the making of Regulations at 1.10.2000 by S.I. 2000/2559, art. 2(1), Sch. Pt. I; Sch. 7 para. 39 wholly in force for E. at 1.4.2001 by S.I. 2001/654, art. 2, Sch. Pt. II; Sch. 7 para. 39 in force for W. at 1.4.2002 by S.I. 2001/2705, art. 2, Sch. Pt. I

40 E+W Regulations may require [F265 the National Assembly] to provide prescribed information to prescribed persons at prescribed times—

F266 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F266 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F265 Words in Sch. 7 para. 40 substituted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 82(7)(a) (with art. 7)

F266 Sch. 7 para. 40(a)(b) omitted (1.4.2006) by virtue of National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 82(7)(b) (with art. 7)

Commencement Information

I74 Sch. 7 para. 40 wholly in force at 1.4.2002; Sch. 7 para. 40 not in force at Royal Assent see s. 154; Sch. 7 para. 40 in force (E.) for the purpose of authorising the making of Regulations at 1.10.2000 by S.I. 2000/2559, art. 29(1), Sch. Pt. I; Sch. 7 para. 40 wholly in force for E. at 1.4.2001 by S.I. 2001/654, art. 2, Sch. Pt. II; Sch. 7 para. 40 in force for W. at 1.4.2002 by S.I. 2001/2705, art. 2, Sch. Pt. I

41 E+W Any person may send objections to the proposals to the National Assembly within such period as may be prescribed.

Commencement Information

I75 Sch. 7 para. 41 wholly in force at 1.4.2002; Sch. 7 para. 41 not in force at Royal Assent see s. 154; Sch. 7 para. 41 in force (E.) for the purpose of authorising the making of Regulations at 1.10.2000 by S.I. 2000/2559, art. 2(1), Sch. Pt. I; Sch. 7 para. 41 wholly in force for E. at 1.4.2001 by S.I. 2001/654, art. 2, Sch. Pt. II; Sch. 7 para. 41 in force for W. at 1.4.2002 by S.I. 2001/2705, art. 2, Sch. Pt. I

42 [F267 (1) After the expiry of the period mentioned in paragraph 41, the National Assembly shall determine whether to— E+W

(a) withdraw the proposals;

(b) confirm them without modification; or

(c) confirm them subject to modifications.

(2) In making a determination under sub-paragraph (1), the National Assembly shall have regard to any objections made in accordance with paragraph 41 and not withdrawn.]

(3) Before [F268 confirming] proposals subject to modifications the National Assembly shall consult such persons as they consider appropriate.

(4) [F269 A confirmation] under sub-paragraph (1)(b) or (c) may be subject to the occurrence by a specified time of a specified event which is of a prescribed kind; and if the event does not occur by the specified time, [F270 the National Assembly shall reconsider its determination] under sub-paragraph (1) .

[F271 (5) The National Assembly may withdraw its proposals at any time before a determination is made under this paragraph.]

Textual Amendments

F267 Sch. 7 para. 42(1)(2) substituted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 82(8)(a) (with art. 7)

F268 Word in Sch. 7 para. 42(3) substituted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 82(8)(b) (with art. 7)

F269 Words in Sch. 7 para. 42(4) substituted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 82(8)(c)(i) (with art. 7)

F270 Words in Sch. 7 para. 42(4) substituted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 82(8)(c)(ii) (with art. 7)

F271 Sch. 7 para. 42(5) substituted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 82(8)(d) (with art. 7)

Commencement Information

I76 Sch. 7 para. 42 wholly in force at 1.4.2002; Sch. 7 para. 42 not in force at Royal Assent see s. 154; Sch. 7 para. 42 in force (E.) for the purpose of authorising the making of Regulations at 1.10.2000 by S.I. 2000/2559, art. 2(1), Sch. Pt. I; Sch. 7 para. 42 wholly in force for E. at 1.4.2001 by S.I. 2001/654, art. 2, Sch. Pt. II; Sch. 7 para. 42 in force for W. at 1.4.2002 by S.I. 2001/2705, art. 2, Sch. Pt. I

43 (1) Where proposals are [F272 confirmed] under paragraph 42 they shall be implemented. E+W

(2) But the National Assembly—

(a) may modify the proposals, after consulting such persons as they consider appropriate;

(b) where the proposals were [F273 confirmed] subject to the occurrence of a specified event by a specified time, may (before the arrival of the specified time) substitute a later time;

(c) may determine that the proposals shall not be implemented if implementation would be unreasonably difficult or if it would be inappropriate because of changes in circumstances since the proposals were [F273 confirmed].

F274 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) A determination may be made under sub-paragraph (2)(c) only in response to a proposal of [F275 the National Assembly for Wales] which is published and dealt with in accordance with regulations (which may, in particular, apply any provision of this Schedule with or without modification); and where a determination is made under sub-paragraph (2)(c) in relation to the proposals they shall be treated as rejected.

Textual Amendments

F272 Word in Sch. 7 para. 43(1) substituted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 82(9)(a) (with art. 7)

F273 Word in Sch. 7 para. 43(2)(b)(c) substituted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 82(9)(b) (with art. 7)

F274 Sch. 7 para. 43(3) omitted (1.4.2006) by virtue of National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 82(9)(c) (with art. 7)

F275 Words in Sch. 7 para. 43(4) substituted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 82(9)(d) (with art. 7)

Commencement Information

I77 Sch. 7 para. 43 wholly in force at 1.4.2002; Sch. 7 para. 43 not in force at Royal Assent see s. 154; Sch. 7 para. 43 in force (E.) for the purpose of authorising the making of Regulations at 1.10.2000 by S.I. 2000/2559, art. 2(1), Sch. Pt. I; Sch. 7 para. 43 wholly in force for E. at 1.4.2001 by S.I. 2001/654, art. 2, Sch. Pt. II; Sch. 7 para. 43 in force for W. at 1.4.2002 by S.I. 2001/2705, art. 2, Sch. Pt. I

44 (1) The duty to implement proposals to alter a school— E+W

(a) in the case of a community or community special school, shall be a duty of the local education authority, and

(b) in the case of a voluntary, foundation or foundation special school, shall be a duty of the governing body.

(2) The duty to implement proposals to discontinue a school—

(a) in the case of a community or community special school, shall be a duty of the local education authority, and

(b) in the case of a voluntary, foundation or foundation special school, shall be a shared duty of the governing body and the local education authority.

(3) For the purpose of sub-paragraph (2)(a) or (b), a local education authority’s duty to discontinue a school is a duty to cease maintaining it.

Commencement Information

I78 Sch. 7 para. 44 wholly in force at 1.4.2002; Sch. 7 para. 44 not in force at Royal Assent see s. 154; Sch. 7 para. 44 in force (E.) for the purpose of authorising the making of Regulations at 1.10.2000 by S.I. 2000/2559, art. 2(1), Sch. Pt. I; Sch. 7 para. 44 wholly in force for E. at 1.4.2001 by S.I. 2001/654, art. 2, Sch. Pt. II; Sch. 7 para. 44 in force for W. at 1.4.2002 by S.I. 2001/2705, art. 2, Sch. Pt. I

Schools maintained by LEA outside its area E+W

45 (1) This paragraph applies to a school which— E+W

(a) is a community, voluntary or foundation school, and

(b) is situated in an area other than that of the local education authority who maintain it.

(2) This Part of this Schedule shall have effect in relation to a school to which this paragraph applies with such modifications as may be prescribed—

F276 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) F276 ...by regulations made by the National Assembly for Wales.

Textual Amendments

F276 Words in Sch. 7 para. 45(2) repealed (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), art. 1(2)(a)(b), Sch. 1 para. 41(16), Sch. 2 Pt. 1 (with art. 2(3))

Commencement Information

I79 Sch. 7 para. 45 wholly in force at 1.4.2002; Sch. 7 para. 45 not in force at Royal Assent see s. 154; Sch. 7 para. 45 in force (E.) for the purpose of authorising the making of Regulations at 1.10.2000 by S.I. 2000/2559, art. 2(1), Sch. Pt. I; Sch. 7 para. 45 wholly in force for E. at 1.4.2001 by S.I. 2001/654, art. 2, Sch. Pt. II; Sch. 7 para. 45 in force for W. at 1.4.2002 by S.I. 2001/2705, art. 2, Sch. Pt. I

[F277 SCHEDULE 7A U.K. Implementation of proposals for restructuring sixth-form education

Textual Amendments

F277 Sch. 7A inserted (1.4.2003 for E., 1.8.2004 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 9 (with ss. 210(8), 214(4)); S.I. 2003/124, art. 4; S.I. 2004/1728, art. 4, Sch. Pt. 1

Modifications etc. (not altering text)

C8 Sch. 7A power to modify conferred (1.4.2003 for E.) by Education Act 2002 (c. 32), ss. 74(2)(b), 216(4) (with ss. 210(8), 214(4)); S.I. 2003/124, art. 4

Introductory U.K.

1 (1) This Schedule applies to proposals under section 113A which have been F278 ... [F279 ...confirmed] by the relevant authority under that section.

(2) The proposals shall (subject to the following provisions of this paragraph) be implemented in the form in which they were so F278 ... [F279 ... confirmed], in accordance with this Schedule.

(3) At the request of any persons prescribed in regulations, the relevant authority—

(a) may modify the proposals after consulting such persons as may be prescribed, and

(b) where any F278 ... [F280 ... confirmation] was given subject to the occurrence of a specified event, may specify a later date by which the event in question must occur.

(4) If the relevant authority is satisfied, after consulting such persons as may be prescribed in regulations—

(a) that implementation of the proposals would be unreasonably difficult, or

(b) that circumstances have so altered since F278 ... [F280 ... confirmation] was given under section 113A that implementation of the proposals would be inappropriate,

it may determine that sub-paragraph (2) shall cease to apply to the proposal.

Textual Amendments

F278 Words in Sch. 7A para. 1 repealed (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 6 para. 53(2), Sch. 16 Pt. 2; S.I. 2010/303, art. 3, Sch. 2

F279 Words in Sch. 7A para. 1(1)(2) inserted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 83(a) (with art. 7) Note: it is believed that the amending provision should read "approved" rather than "approval"

F280 Words in Sch. 7A para. 1(3)(b)(4)(b) inserted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 83(b) (with art. 7)

Proposals to establish a school U.K.

2 To the extent that the proposals are proposals to establish a school, they shall be implemented by the local education authority which it is proposed shall establish the school.

Proposals to make a prescribed alteration U.K.

3 (1) To the extent that the proposals are proposals to make a prescribed alteration to a school, they shall be implemented in accordance with this paragraph.

(2) Where the proposals relate to a community school, they shall be implemented by the local education authority which maintains the school.

(3) Where the proposals relate to a voluntary aided school, they shall be implemented—

(a) so far as relating to the provision of any relevant premises, by the local education authority which maintains the school, and

(b) otherwise, by the governing body of the school.

(4) For this purpose “ relevant premises ” means—

F281 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) in relation to a local education authority in Wales—

(i) playing fields, or

(ii) buildings which are to form part of the school premises but are not to be school buildings (within the meaning of the Education Act 1996).

(5) Where the proposals relate to any other school, they shall be implemented by the local education authority which maintains the school and the governing body of the school, respectively, to such extent (if any) as the proposals provide for each of them to do so.

Textual Amendments

F281 Sch. 7A para. 3(4)(a) repealed (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 6 para. 53(3), Sch. 16 Pt. 2; S.I. 2010/303, art. 3, Sch. 2

Proposals to discontinue a school U.K.

4 To the extent that the proposals are proposals to discontinue a school they shall be implemented—

(a) in the case of proposals relating to a community or community special school, by the local education authority which maintains the school, and

(b) in any other case, by the local education authority which maintains the school and the governing body of the school.

Supplementary U.K.

[F282 5 F283 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Where a local education authority in Wales are required under this Schedule to provide a site for a foundation or voluntary controlled school or foundation special school (or a proposed such school), paragraph 16 of Schedule 6 to the School Standards and Framework Act 1998 applies as it applies in the circumstances mentioned in sub-paragraph (1) of that paragraph.

Textual Amendments

F282 Sch. 7A paras. 5-7 substituted (25.5.2007) by Education and Inspections Act 2006 (c. 40) , s. 188(3) , Sch. 3 para. 46 ; S.I. 2007/935 , art. 7(o)

F283 Sch. 7A para. 5(1) repealed (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 6 para. 53(4), Sch. 16 Pt. 2; S.I. 2010/303, art. 3, Sch. 2

6 F284 ( 1 ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

(2) In relation to Wales, paragraph 17 of Schedule 6 to the School Standards and Framework Act 1998 (grants in respect of certain expenditure relating to voluntary aided schools) applies in relation to the obligation under paragraph 3(3)(b) of this Schedule as it applies in relation to the obligations referred to in sub-paragraph (1)(a) of that paragraph 17.

Textual Amendments

F282 Sch. 7A paras. 5-7 substituted (25.5.2007) by Education and Inspections Act 2006 (c. 40) , s. 188(3) , Sch. 3 para. 46 ; S.I. 2007/935 , art. 7(o)

F284 Sch. 7A para. 6(1) repealed (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 6 para. 53(4), Sch. 16 Pt. 2; S.I. 2010/303, art. 3, Sch. 2

7 F285 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

F286 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) In relation to Wales, paragraph 18 of Schedule 6 to the School Standards and Framework Act 1998 (assistance from LEA in respect of voluntary aided schools) applies in relation to obligations imposed on the governing body of a voluntary aided school under this Schedule as it applies in relation to the obligations referred to in that paragraph, and paragraph 20 of that Schedule (duty on LEA to transfer interest in premises provided under paragraph 18) applies accordingly. ]]

Textual Amendments

F282 Sch. 7A paras. 5-7 substituted (25.5.2007) by Education and Inspections Act 2006 (c. 40) , s. 188(3) , Sch. 3 para. 46 ; S.I. 2007/935 , art. 7(o)

F285 Sch. 7A para. 7(1) repealed (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 6 para. 53(4), Sch. 16 Pt. 2; S.I. 2010/303, art. 3, Sch. 2

F286 Sch. 7A para. 7(2) repealed (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 6 para. 53(4), Sch. 16 Pt. 2; S.I. 2010/303, art. 3, Sch. 2

Section 131.

SCHEDULE 8 E+W City academies: land

F287 ............

Textual Amendments

F287 Sch. 8 repealed (1.8.2003 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2003/1718, art. 4, Sch. Pt. I

Section 149.

SCHEDULE 9 U.K. Amendments

Introduction U.K.

1 U.K. The amendments specified in this Schedule shall have effect.

Commencement Information

I80 Sch. 9 para. 1 wholly in force at 1.4.2002; Sch. 9 in force at Royal Assent as regards any provision (other than a provision mentioned in s. 154(1)(c)) which is consequential upon ss. 130, 131 or Sch. 8; Sch. 9 not otherwise in force at Royal Assent see s. 154(1)(3)-(5); Sch. 9 para. 1 in force for specified purposes at 1.4.2001 by S.I. 2001/654, art. 2 Sch. Pt. II; Sch. 9 para. 1 in force at 1.9.2001 (E.) by S.I. 2001/654, art. 2, Sch. Pt. III; Sch. 9 para. 1 in force at 1.4.2002 (W.) by S.I. 2001/2705, art. 2, Sch. Pt. I

Public Records Act 1958 (c.51) U.K.

F288 2 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F288 Sch. 9 para. 2 repealed (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), art. 1(2)(a)(b), Sch. 1 para. 42, Sch. 2 Pt. 1 (with art. 2(3))

Superannuation Act 1972 (c.11) U.K.

F289 3 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F289 Sch. 9 para. 3 repealed (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), art. 1(2)(a)(b), Sch. 1 para. 42, Sch. 2 Pt. 1 (with art. 2(3))

House of Commons Disqualification Act 1975 (c.24) U.K.

F290 4 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F290 Sch. 9 para. 4 repealed (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), art. 1(2)(a)(b), Sch. 1 para. 42, Sch. 2 Pt. 1 (with art. 2(3))

Sex Discrimination Act 1975 (c.65) U.K.

F291 5 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F291 Sch. 9 para. 5 repealed (E.W) (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), art. 1(2)(a)(b), Sch. 1 para. 42, Sch. 2 Pt. 1 (with art. 2(3)) and repealed (E.W.S) by Equality Act 2010 (c. 15), s. 216(3), Sch. 27 Pt 1 (as substituted (1.10.2010) by S.I. 2010/2279), art. 1(2), Sch. 2 (see S.I. 2010/2317, art. 2))

6 U.K. After section 25 of that Act insert—

“25A General duty: post-16 education and training etc.

(1) The Learning and Skills Council for England and the National Council for Education and Training for Wales shall be under a general duty to secure that the facilities falling within subsection (2) and any ancillary benefits or services are provided without sex discrimination.

(2) Facilities falling within this subsection are facilities for—

(a) education,

(b) training, and

(c) organised leisure-time occupation connected with such education or training,

the provision of which is secured by the Learning and Skills Council for England or the National Council for Education and Training for Wales.

(3) The provisions of sections 25 and 47 of the Learning and Skills Act 2000 shall be the only sanction for breach of the general duty in subsection (1), but without prejudice to the enforcement of section 23A under section 66 or otherwise (where the breach is also a contravention of that section).”

Commencement Information

I81 Sch. 9 para. 6 wholly in force at 1.4.2001; Sch. 9 in force at Royal Assent as regards any provision (other than a provision mentioned in s. 154(1)(c)) which is consequential upon ss. 130, 131 or Sch. 8; Sch. 9 not otherwise in force at Royal Assent see s. 154(1)(3)-(5); Sch. 9 para. 6 in force at 1.4.2001 (E.) by S.I. 2001/654, art. 2 Sch. Pt. II and (W.) by S.I. 2001/1274, art. 2 Sch. Pt. I

7 (1) Section 26 of that Act (exception for single-sex establishments) is amended as follows. U.K.

(2) In subsections (1) and (2) for “and 25” in each place where the words occur substitute “ , 25 and 25A ”.

(3) In subsection (3) after “section 25” insert “ or 25A ”.

Commencement Information

I82 Sch. 9 para. 7 wholly in force at 1.4.2001; Sch. 9 in force at Royal Assent as regards any provision (other than a provision mentioned in s. 154(1)(c)) which is consequential upon ss. 130, 131 or Sch. 8; Sch. 9 not otherwise in force at Royal Assent see s. 154(1)(3)-(5); Sch. 9 para. 7 in force at 1.4.2001 (E.) by S.I. 2001/654, art. 2 Sch. Pt. II and (W.) by S.I. 2001/1274, art. 2 Sch. Pt. I

F292 8 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F292 Sch. 9 para. 8 repealed (1.10.2005) by Employment Equality (Sex Discrimination) Regulations 2005 (S.I. 2005/2467), regs. 1(1), 23(2)(a)

Race Relations Act 1976 (c.74) U.K.

F293 9 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F293 Sch. 9 para. 9 and cross-heading repealed (E.W.) (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), art. 1(2)(a)(b), Sch. 1 para. 42, Sch. 2 Pt. 1 (with art. 2(3)); and repealed (E.W.S) by Equality Act 2010 (c. 15), s. 216(3), Sch. 27 Pt 1 (as substituted (1.10.2010) by S.I. 2010/2279), art. 1(2), Sch. 2 (see S.I. 2010/2317, art. 2))

F294 10 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F294 Sch. 9 para. 10 repealed (2.4.2001) by 2000 c. 34, s. 9(2), Sch. 3 (with s. 10(5)); S.I. 2001/566, art. 2(1)

Education (Fees and Awards) Act 1983 (c.40) U.K.

11 U.K. In section 1 of the Education (Fees and Awards) Act 1983 (higher fees for students without UK connection) in subsection (3) insert after paragraph (e)—

“(f) any institution which receives funding from the Learning and Skills Council for England (whatever proportion that funding represents of the institution’s total funding) and which is specified in, or is of a class or description specified in, the regulations;

(g) any institution which receives funding from the National Council for Education and Training for Wales (whatever proportion that funding represents of the institution’s total funding) and which is specified in, or is of a class or description specified in, the regulations.”

Disabled Persons (Services, Consultation and Representation) Act 1986 (c.33) U.K.

F295 12 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F295 Sch. 9 para. 12 repealed (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), art. 1(2)(a)(b), Sch. 1 para. 42, Sch. 2 Pt. 1 (with art. 2(3))

Local Government Act 1988 (c.9) U.K.

13 U.K. In paragraph 8(3)(a)(i) of Schedule 1 to the Local Government Act 1988 (competition: excluded activities) for “section 15” substitute “ section 15A or 15B ”.

Commencement Information

I83 Sch. 9 para. 13 wholly in force at 1.4.2001; Sch. 9 in force at Royal Assent as regards any provision (other than a provision mentioned in s. 154(1)(c)) which is consequential upon ss. 130, 131 or Sch. 8; Sch. 9 not otherwise in force at Royal Assent see s. 154(1)(3)-(5); Sch. 9 para. 13 in force at 1.4.2001 (E.) by S.I. 2001/654, art. 2 Sch. Pt. II and (W.) by S.I. 2001/1274, art. 2 Sch. Pt. I

Employment Act 1988 (c.19) U.K.

14 U.K. In section 26 of the Employment Act 1988 (status of trainees etc) after subsection (1) insert—

“(1A) Where it appears to the Secretary of State that provision has been made under section 5(1)(c) or 34(1)(c) of the Learning and Skills Act 2000 for trainees to receive payments from the Learning and Skills Council for England or the National Council for Education and Training for Wales, the Secretary of State may by order provide—

(a) that those trainees are, for the purposes and in the cases specified or described in or determined under the order, to be treated in respect of the training as being or as not being employed;

(b) that where those trainees are treated as being employed they are to be treated as being the employees of the persons so specified, described or determined and of no others;

(c) that where those trainees are treated as not being employed they are to be treated in such other manner as may be so specified, described or determined; and

(d) that those payments are to be treated for the purposes of such enactments and subordinate legislation as may be so specified, described or determined in such manner as may be so specified, described or determined;

and for the purposes of this subsection trainees are persons receiving or proposing to receive training.”

Education Reform Act 1988 (c.40) U.K.

15 U.K. In section 124 of the Education Reform Act 1988 (powers of higher education corporations)—

(a) in subsection (2)(b) omit the words “, as defined by section 15(6) and (7) of the Education Act 1996”,

(b) in subsection (2) for paragraph (f) substitute—

“(f) to subscribe for or otherwise acquire shares in or securities of a company for the purpose of carrying on any such activities;”,

and

(c) at the end insert—

“(5) For the purposes of subsection (2)(b) a person has a learning difficulty if—

(a) he has a significantly greater difficulty in learning than the majority of persons of his age, or

(b) he has a disability which either prevents or hinders him from making use of facilities of a kind generally provided by institutions within the higher education sector for persons of his age.

(6) But a person is not to be taken to have a learning difficulty solely because the language (or form of language) in which he is or will be taught is different from a language (or form of language) which has at any time been spoken in his home.”

Commencement Information

I84 Sch. 9 para. 15 wholly in force at 1.4.2001; Sch. 9 in force at Royal Assent as regards any provision (other than a provision mentioned in s. 154(1)(c)) which is consequential upon ss. 130, 131 or Sch. 8; Sch. 9 not otherwise in force at Royal Assent see s. 154(1)(3)-(5); Sch. 9 para. 15 in force at 1.4.2001 (E.) by S.I. 2001/654, art. 2 Sch. Pt. II and (W.) by S.I. 2001/1274, art. 2 Sch. Pt. I

F296 16 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F296 Sch. 9 para. 16 repealed (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), art. 1(2)(a)(b), Sch. 1 para. 42, Sch. 2 Pt. 1 (with art. 2(3))

17 U.K. For section 161(1)(b) of that Act (interpretation: further or higher education functions) substitute—

“(b) references to the further or higher education functions of a local education authority are references to the functions of the authority (except in so far as they relate to secondary education) under sections 15A and 15B of the Education Act 1996 (post-16 education) and section 120 of this Act (higher education);”.

Commencement Information

I85 Sch. 9 para. 17 wholly in force at 1.4.2001; Sch. 9 in force at Royal Assent as regards any provision (other than a provision mentioned in s. 154(1)(c)) which is consequential upon ss. 130, 131 or Sch. 8; Sch. 9 not otherwise in force at Royal Assent see s. 154(1)(3)-(5); Sch. 9 para. 17 in force at 1.4.2001 (E.) by S.I. 2001/654, art. 2 Sch. Pt. II and (W.) by S.I. 2001/1274, art. 2 Sch. Pt. I

F297 18 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F297 Sch. 9 para. 18 repealed (1.8.2003 for E., 2.1.2008 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 3; S.I. 2007/3611, art. 4(1), Sch. Pt. 1

Environmental Protection Act 1990 (c.43) U.K.

19 U.K. In section 98 of the Environmental Protection Act 1990 (definitions) in subsection (2)(e) for “or city college for the technology of the arts” substitute “ , city college for the technology of the arts or city academy, ”.

Commencement Information

I86 Sch. 9 in force at Royal Assent as regards any provision (other than a provision mentioned in s. 154(1)(c)) which is consequential upon ss. 130, 131 or Sch. 8; Sch. 9 not otherwise in force at Royal Assent see s. 154(1)(3)-(5)

Further and Higher Education Act 1992 (c.13) U.K.

20 U.K. In the Further and Higher Education Act 1992, omit sections 1 to 9 (the Further Education Funding Councils for England and Wales).

Commencement Information

I87 Sch. 9 para. 20 wholly in force at 1.4.2001; Sch. 9 in force at Royal Assent as regards any provision (other than a provision mentioned in s. 154(1)(c)) which is consequential upon ss. 130, 131 or Sch. 8; Sch. 9 not otherwise in force at Royal Assent see s. 154(1)(3)-(5); Sch. 9 para. 20 in force at 1.4.2001 (E.) by S.I. 2001/654, art. 2 Sch. Pt. II and (W.) by S.I. 2001/1274, art. 2 Sch. Pt. I

21 U.K. In section 18 of that Act (further education corporation: powers)—

(a) after subsection (1)(b) insert “ and those powers are referred to in section 19 of this Act as the corporation’s principal powers ”;

(b) subsections (4) to (6) shall cease to have effect.

Commencement Information

I88 Sch. 9 para. 21 wholly in force at 1.4.2001; Sch. 9 in force at Royal Assent as regards any provision (other than a provision mentioned in s. 154(1)(c)) which is consequential upon ss. 130, 131 or Sch. 8; Sch. 9 not otherwise in force at Royal Assent see s. 154(1)(3)-(5); Sch. 9 para. 21(b) in force (W.) at 1.1.2001 by S.I. 2000/3230, art. 2, Sch.; Sch. 9 para. 21 in force (E.) at 1.4.2001 by S.I. 2001/654, art. 2, Sch. Pt. II; Sch. 9 para. 21(a) in force (W.) at 1.4.2001 by S.I. 2001/1274, art. 2, Sch. Pt. I

22 (1) Section 19 of that Act (supplementary powers of a further education corporation) is amended as follows. U.K.

(2) In subsection (3) omit “within the meaning of section 4(6) of this Act”.

(3) In subsection (4) after paragraph (b) insert—

“(bb) subscribe for or otherwise acquire shares in or securities of a company,”.

(4) After subsection (4) insert—

“(4A) The power conferred by subsection (4)(bb) above may not be exercised for the purpose of conducting an educational institution.

(4B) The power conferred by subsection (4)(bb) above may not be exercised for the purpose of the provision of education if the provision is secured (wholly or partly) by financial resources provided by the Learning and Skills Council for England or the National Council for Education and Training for Wales.

(4C) But subsection (4B) above shall not apply to the extent that the Council concerned consents to the exercise of the power conferred by subsection (4)(bb) above in a way which does not comply with the restriction in subsection (4B).”

(5) After subsection (5) insert—

“(6) A person has a learning difficulty if—

(a) he has a significantly greater difficulty in learning than the majority of persons of his age, or

(b) he has a disability which either prevents or hinders him from making use of facilities of a kind generally provided by institutions within the further education sector for persons of his age.

(7) But a person is not to be taken to have a learning difficulty solely because the language (or form of language) in which he is or will be taught is different from a language (or form of language) which has at any time been spoken in his home.”

Commencement Information

I89 Sch. 9 para. 22 wholly in force at 1.4.2001; Sch. 9 in force at Royal Assent as regards any provision (other than a provision mentioned in s. 154(1)(c)) which is consequential upon ss. 130, 131 or Sch. 8; Sch. 9 not otherwise in force at Royal Assent see s. 154(1)(3)-(5); Sch. 9 para. 22 in force at 1.4.2001 (E.) by S.I. 2001/654, art. 2 Sch. Pt. II and (W.) by S.I. 2001/1274, art. 2 Sch. Pt. I

23 (1) Section 22 of that Act (subsequent instruments and articles) is amended as follows. U.K.

(2) In subsection (2) for “any instrument” substitute “ , replace or revoke any instrument of government or articles ”.

(3) In subsection (5)—

(a) in paragraph (a) after “modify” insert “ , replace or revoke ”;

(b) in paragraph (b) after “modified” insert “ , replaced or revoked ”.

Commencement Information

I90 Sch. 9 para. 23 wholly in force at 1.4.2001; Sch. 9 in force at Royal Assent as regards any provision (other than a provision mentioned in s. 154(1)(c)) which is consequential upon ss. 130, 131 or Sch. 8; Sch. 9 not otherwise in force at Royal Assent see s. 154(1)(3)-(5); Sch. 9 para. 23 in force (E.) at 1.10.2000 by S.I. 2000/2559, art. 2(1), Sch. Pt. I; Sch. 9 para. 23 in force (W.) at 1.4.2001 by S.I. 2001/1274, art. 2 Sch. Pt. I

24 (1) Section 29 of that Act (government and conduct of designated institutions) is amended as follows. U.K.

(2) In subsection (2) for “subsection (3)” substitute “ subsections (3) and (7A) ”.

(3) After subsection (7) insert—

“(7A) Provision made by the instrument in relation to the appointment of members of the governing body shall take into account the members who may be appointed by—

(a) the Learning and Skills Council for England under section 11 of the Learning and Skills Act 2000, or

(b) the National Council for Education and Training for Wales under section 39 of that Act.”

(4) In subsection (8) after “modify” insert “ , replace or revoke ” and after “modified” insert “ , replaced or revoked ”.

Commencement Information

I91 Sch. 9 para. 24 wholly in force at 1.4.2001; Sch. 9 in force at Royal Assent as regards any provision (other than a provision mentioned in s. 154(1)(c)) which is consequential upon ss. 130, 131 or Sch. 8; Sch. 9 not otherwise in force at Royal Assent see s. 154(1)(3)-(5); Sch. 9 para. 24(1)(4) in force (E.) at 1.10.2000 by S.I. 2000/2559, art. 2(1), Sch. Pt. I; Sch. 9 para. 24(2)(3) in force (E.) at 1.4.2001 by S.I. 2001/654, art. 2 Sch. Pt. II; Sch. 9 para. 24 in force (W.) at 1.4.2001 by S.I. 2001/1274, art. 2 Sch. Pt. I

25 U.K. In section 31 of that Act (designated institutions conducted by companies) after subsection (2) insert—

“(2A) Provision made by the articles of association of the company in relation to the appointment of members of the governing body shall take into account the members who may be appointed by—

(a) the Learning and Skills Council for England under section 11 of the Learning and Skills Act 2000, or

(b) the National Council for Education and Training for Wales under section 39 of that Act.”

Commencement Information

I92 Sch. 9 para. 25 wholly in force at 1.4.2001; Sch. 9 in force at Royal Assent as regards any provision (other than a provision mentioned in s. 154(1)(c)) which is consequential upon ss. 130, 131 or Sch. 8; Sch. 9 not otherwise in force at Royal Assent see s. 154(1)(3)-(5); Sch. 9 para. 25 in force at 1.4.2001 (E.) by S.I. 2001/654, art. 2 Sch. Pt. II and (W.) by S.I. 2001/1274, art. 2 Sch. Pt. I

26 U.K. F298 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F298 Sch. 9 para. 26 repealed (1.10.2002 except in relation to W. and otherwise 19.12.2002) by Education Act 2002 (c. 32), ss. 215(2), 216, Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2002/3185, art. 4, Sch. Pt. 1

27 (1) Section 44 of that Act (collective worship) is amended as follows. U.K.

(2) For subsections (1) and (2) substitute—

“(1) This section applies to any institution within the further education sector which is principally concerned with the provision of full-time education suitable to the requirements of persons over compulsory school age who have not attained the age of nineteen years.

(2) An institution is of voluntary origin for the purposes of this section if—

(a) immediately before it joined the further education sector it was a voluntary school (within the meaning of the Education Act 1996),

(b) immediately before it joined the further education sector it was a foundation or voluntary school (within the meaning of the School Standards and Framework Act 1998) having a foundation established otherwise than under that Act,

(c) it is designated for the purposes of this paragraph by order of the Secretary of State, or

(d) it is formed by or for the purpose of merging two institutions both of which were within paragraphs (a) to (c).

(2A) The governing body of an institution to which this section applies shall ensure that at an appropriate time on at least one day in each week during which the institution is open an act of collective worship is held at the institution which persons receiving education at the institution may attend.”

(3) In subsection (3)(b) for “became a further education institution” substitute “ joined the further education sector ”.

(4) In subsection (4) for “other further education institutions” substitute “ other institutions to which this section applies ”.

(5) In subsection (5) for “a further education institution” substitute “ an institution to which this section applies ”.

(6) Omit subsection (6).

(7) At the end of the section insert—

“(7) In the application of this section to an institution which is of voluntary origin by virtue of subsection (2)(d), subsection (3)(b) shall be taken as referring to the religious traditions and practices of the two institutions mentioned in subsection (2)(d).”

Commencement Information

I93 Sch. 9 para. 27 partly in force; Sch. 9 in force at Royal Assent as regards any provision (other than a provision mentioned in s. 154(1)(c)) which is consequential upon ss. 130, 131 or Sch. 8; Sch. 9 not otherwise in force at Royal Assent see s. 154(1)(3)-(5); Sch. 9 para. 27 in force (E.) at 1.10.2000 for specified purposes by S.I. 2000/2559, art. 2(1), Sch. Pt. I; Sch. 9 para. 27 in force (W.) at 1.4.2001 by S.I. 2001/1274, art. 2 Sch. Pt. I

28 (1) Section 45 of that Act (religious education) shall be amended as follows. U.K.

(2) For subsections (1) and (2) substitute—

“(1) This section applies to any institution to which section 44 of this Act applies.

(2) An institution is of voluntary origin for the purposes of this section if it is of voluntary origin for the purposes of section 44 of this Act.

(2A) The governing body of an institution to which this section applies shall ensure that religious education is provided at the institution for all persons attending the institution who wish to receive it.”

(3) In subsection (3) for “a further education institution” substitute “ an institution to which this section applies ”.

(4) In subsection (5)—

(a) for “each further education institution” substitute “ institution to which this section applies ”,

(b) in paragraph (a)(ii) for “became a further education institution” substitute “ joined the further education sector ”, and

(c) in paragraph (b) for “further education institutions” substitute “ other institutions to which this section applies ”.

(5) Omit subsection (6).

(6) At the end of the section insert—

“(7) In the application of this section to an institution which is an institution of voluntary origin by virtue of section 44(2)(d), subsection (5)(a)(ii) shall be taken as referring to the religious traditions and practices of the two institutions mentioned in section 44(2)(d).”

Commencement Information

I94 Sch. 9 para. 28 partly in force; Sch. 9 in force at Royal Assent as regards any provision (other than a provision mentioned in s. 154(1)(c)) which is consequential upon ss. 130, 131 or Sch. 8; Sch. 9 not otherwise in force at Royal Assent see s. 154(1)(3)-(5); Sch. 9 para. 28 in force (E.) at 1.10.2000 for specified purposes by S.I. 2000/2559, art. 2, Sch. Pt. I; Sch. 9 para. 28 in force (W.) at 1.4.2001 by S.I. 2001/1274, art. 2 Sch. Pt. I

29 U.K. In section 52 of that Act (duty to provide for named individuals) in subsection (1) omit “full-time”.

Commencement Information

I95 Sch. 9 para. 29 wholly in force at 1.4.2001; Sch. 9 in force at Royal Assent as regards any provision (other than a provision mentioned in s. 154(1)(c)) which is consequential upon ss. 130, 131 or Sch. 8; Sch. 9 not otherwise in force at Royal Assent see s. 154(1)(3)-(5); Sch. 9 para. 29 in force at 1.4.2001 (E.) by S.I. 2001/654, art. 2 Sch. Pt. II and (W.) by S.I. 2001/1274, art. 2 Sch. Pt. I

30 U.K. F299 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F299 Sch. 9 para. 30 repealed (1.10.2002 except in relation to W. and otherwise 19.12.2002) by Education Act 2002 (c. 32), ss. 215(2), 216, Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2002/3185, art. 4, Sch. Pt. 1

31 U.K. In section 54 of that Act (duty to give information) in subsection (1)(b) for “or city college for the technology of the arts” substitute “ , city college for the technology of the arts or city academy ”.

Commencement Information

I96 Sch. 9 in force at Royal Assent as regards any provision (other than a provision mentioned in s. 154(1)(c)) which is consequential upon ss. 130, 131 or Sch. 8; Sch. 9 not otherwise in force at Royal Assent see s. 154(1)(3)-(5)

32 U.K. In section 55 of that Act (inspections etc of local authority institutions other than schools), subsections (1) to (3) and paragraphs (a) and (b) of subsection (7) shall cease to have effect.

Commencement Information

I97 Sch. 9 para. 32 wholly in force at 1.4.2001; Sch. 9 in force at Royal Assent as regards any provision (other than a provision mentioned in s. 154(1)(c)) which is consequential upon ss. 130, 131 or Sch. 8; Sch. 9 not otherwise in force at Royal Assent see s. 154(1)(3)-(5); Sch. 9 para. 32 in force at 1.4.2001 (E.) by S.I. 2001/654, art. 2 Sch. Pt. II and (W.) by S.I. 2001/1274, art. 2 Sch. Pt. I

33 U.K. Section 56 of that Act (directions) shall cease to have effect.

Commencement Information

I98 Sch. 9 para. 33 wholly in force at 1.4.2001; Sch. 9 in force at Royal Assent as regards any provision (other than a provision mentioned in s. 154(1)(c)) which is consequential upon ss. 130, 131 or Sch. 8; Sch. 9 not otherwise in force at Royal Assent see s. 154(1)(3)-(5); Sch. 9 para. 32 in force at 1.4.2001 (E.) by S.I. 2001/654, art. 2 Sch. Pt. II and (W.) by S.I. 2001/1274, art. 2 Sch. Pt. I

34 U.K. In that Act for section 57 substitute—

“57 Intervention.

(1) This section applies if one or more of the conditions listed in subsection (2) is satisfied regarding an institution within the further education sector; and it is immaterial whether or not a complaint is made by any person.

(2) These are the conditions—

(a) the Secretary of State is satisfied that the institution’s affairs have been or are being mismanaged by its governing body;

(b) he is satisfied that the institution’s governing body have failed to discharge any duty imposed on them by or for the purposes of any Act;

(c) he is satisfied that the institution’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;

(d) a report regarding the institution and made by a person listed in subsection (3) indicates that the institution has serious weaknesses, or is failing or likely to fail to give an acceptable standard of education.

(3) These are the persons—

(a) Her Majesty’s Chief Inspector of Schools in England;

(b) Her Majesty’s Chief Inspector of Education and Training in Wales;

(c) the Adult Learning Inspectorate;

(d) the Chief Inspector of Adult Learning.

(4) If this section applies the Secretary of State may by order—

(a) declare which of the conditions is (or are) satisfied, and

(b) do one or more of the things listed in subsection (5).

(5) He may—

(a) remove all or any of the members of the institution’s governing body;

(b) appoint new members of that body if there are vacancies (however arising);

(c) give to that body such directions as he thinks expedient as to the exercise of their powers and performance of their duties.

(6) Directions may be given to a body under this section despite any enactment making the exercise of a power or performance of a duty contingent on the body’s opinion.

(7) A governing body must comply with any directions given to them under this section.

(8) An appointment of a member of a governing body under this section shall have effect as if made in accordance with the instrument of government and articles of government of the institution concerned.

(9) Section 507 of the Education Act 1996 (power to direct local inquiries) applies for the purposes of the Secretary of State’s functions under this section as it applies for the purposes of his functions under that Act.”

Commencement Information

I99 Sch. 9 in force at Royal Assent as regards any provision (other than a provision mentioned in s. 154(1)(c)) which is consequential upon ss. 130, 131 or Sch. 8; Sch. 9 not otherwise in force at Royal Assent see s. 154(1)(3)-(5); Sch. 9 para. 34 in force (W.) at 1.1.2001 by S.I. 2000/3230, art. 2, Sch.; Sch. 9 para. 34 in force (E.) at 1.4.2001 by S.I. 2001/654, art. 2, Sch. Pt. II

35 U.K. F300 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F300 Sch. 9 para. 35 repealed (1.10.2002 except in relation to W. and otherwise 19.12.2002) by Education Act 2002 (c. 32), ss. 215(2), 216, Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2002/3185, art. 4, Sch. Pt. 1

36 U.K. Section 60A of that Act (partnership arrangements: Wales) shall cease to have effect.

Commencement Information

I100 Sch. 9 in force at Royal Assent as regards any provision (other than a provision mentioned in s. 154(1)(c)) which is consequential upon ss. 130, 131 or Sch. 8; Sch. 9 not otherwise in force at Royal Assent see s. 154(1)(3)-(5); Sch. 9 para. 36 in force (W.) at 1.1.2001 by S.I. 2000/3230, art. 2, Sch.

37 U.K. In that Act, after section 61 insert—

“61A References to councils.

(1) In this Part of this Act any reference to a council is to a learning and skills council.

(2) In this Part of this Act a reference to the appropriate council, in relation to any educational institution, is to be construed as follows—

(a) if the institution mainly serves the population of England, the reference is to the Learning and Skills Council for England;

(b) if the institution mainly serves the population of Wales, the reference is to the National Council for Education and Training for Wales;

(c) if the institution receives financial support from the other council, the reference is to that council also.”

38 U.K. In section 82 of that Act (joint exercise of functions) in subsection (3)(a) for “further education funding council” substitute “ learning and skills council ”.

39 U.K. In section 83 of that Act (efficiency studies) in subsection (1) for “further education funding council” substitute “ learning and skills council ”.

40 U.K. In section 89(2) of that Act (orders and regulations)—

(a) after “29(6) and (8),” insert “ 30(2)(b), ”, and

(b) after “38,” insert “ 44(2)(c), ”.

Commencement Information

I101 Sch. 9 para. 40 wholly in force at 1.4.2001; Sch. 9 in force at Royal Assent as regards any provision (other than a provision mentioned in s. 154(1)(c)) which is consequential upon ss. 130, 131 or Sch. 8; Sch. 9 not otherwise in force at Royal Assent see s. 154(1)(3)-(5); Sch. 9 para. 40 in force at 1.4.2001 (E.) by S.I. 2001/654, art. 2 Sch. Pt. II and (W.) by S.I. 2001/1274, art. 2 Sch. Pt. I

41 U.K. In section 90 of that Act (interpretation) after subsection (2) insert—

“(2A) For the purposes of this Act the learning and skills councils are the Learning and Skills Council for England and the National Council for Education and Training for Wales.

(2B) If in construing this Act or any other Act a dispute arises as to whether any functions are exercisable by one of the learning and skills councils, the dispute shall be determined by the Secretary of State after consulting the National Assembly for Wales.”

42 U.K. In section 91 of that Act (interpretation of Education Acts) omit subsection (2) (references to a further education funding council).

43 U.K. In section 92 of that Act (index) in the table for the entry beginning “council (in Part I)” substitute—

“council (in Part I), or learning and skills council

sections 61A(1) and 90(2A)”.

44 (1) Schedule 4 to that Act (instruments and articles of government for further education corporations) is amended as follows. U.K.

(2) After paragraph 1 insert—

“1A Provision made by an instrument under this Schedule in relation to the appointment of members shall take into account the members who may be appointed by—

(a) the Learning and Skills Council for England under section 11 of the Learning and Skills Act 2000, or

(b) the National Council for Education and Training for Wales under section 39 of that Act.”

(3) In paragraph 5, at the end insert “ or to the principal of the institution ”.

(4) That Act shall be taken to have been enacted with the amendment made by sub-paragraph (3).

Commencement Information

I102 Sch. 9 para. 44 wholly in force at 1.4.2001; Sch. 9 in force at Royal Assent as regards any provision (other than a provision mentioned in s. 154(1)(c)) which is consequential upon ss. 130, 131 or Sch. 8; Sch. 9 not otherwise in force at Royal Assent see s. 154(1)(3)-(5); Sch. 9 para. 44(3)(4) in force (E.) at 1.10.2000 by S.I. 2000/2559, art. 2(1), Sch. Pt. I; Sch. 9 para. 44(3)(4) in force (W.) at 1.1.2001 by S.I. 2000/3230, art. 2, Sch.; Sch. 9 para. 44(1)(2) in force at 1.4.2001 (E.) by S.I. 2001/654, art. 2 Sch. Pt. II and (W.) by S.I. 2001/1274, art. 2 Sch. Pt. I

45 U.K. Schedule 5A to that Act (partnership arrangements: Wales) shall cease to have effect.

Commencement Information

I103 Sch. 9 para. 45 in force at Royal Assent as regards any provision (other than a provision mentioned in s. 154(1)(c)) which is consequential upon ss. 130, 131 or Sch. 8; Sch. 9 para. 45 not otherwise in force at Royal Assent see s. 154(1)(3)-(5); Sch. 9 para. 45 in force (W.) at 1.1.2001 by S.I. 2000/3230, art. 2, Sch.

Welsh Language Act 1993 (c.38) U.K.

46 U.K. In section 6(1) of the Welsh Language Act 1993 (meaning of “public body”) for paragraph (j) substitute—

“(j) the National Council for Education and Training for Wales;”.

Commencement Information

I104 Sch. 9 in force at Royal Assent as regards any provision (other than a provision mentioned in s. 154(1)(c)) which is consequential upon ss. 130, 131 or Sch. 8; Sch. 9 not otherwise in force at Royal Assent see s. 154(1)(3)-(5); Sch. 9 para. 46 in force for W. at 1.4.2001 by S.I. 2001/1274, art. 2 Sch. Pt. I

Value Added Tax Act 1994 (c.23) U.K.

47 (1) In Schedule 9 to the Value Added Tax Act 1994 (exemptions) Group 6 (education) is amended as follows. U.K.

(2) In item 3 (provision of examination services) in paragraph (b)(i) for “or 5” substitute “ , 5 or 5A ”.

(3) After item 5 insert—

“5A The provision of education or vocational training and the supply, by the person providing that education or training, of any goods or services essential to that provision, to the extent that the consideration payable is ultimately a charge to funds provided by the Learning and Skills Council for England or the National Council for Education and Training for Wales under Part I or Part II of the Learning and Skills Act 2000.”

(4) After Note (5) insert—

“(5A) For the purposes of item 5A a supply of any goods or services shall not be taken to be essential to the provision of education or vocational training unless—

(a) in the case of the provision of education, the goods or services are provided directly to the person receiving the education;

(b) in the case of the provision of vocational training, the goods or services are provided directly to the person receiving the training.”

Education Act 1994 (c.30) U.K.

F301 48 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F301 Sch. 9 para. 48 repealed (1.9.2005) by Education Act 2005 (c. 18), s. 125(3)(b), Sch. 19 Pt. 3

Disability Discrimination Act 1995 (c.50) U.K.

49 U.K. F302 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F302 Sch. 9 para. 49 repealed (1.9.2002) by 2001 c. 10, ss. 38(16), 42(6), Sch. 9 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1

Employment Rights Act 1996 (c.18) U.K.

50 U.K. In section 63A of the Employment Rights Act 1996 (right of young persons to time off for study or training) in subsection (2)(b)(i) for the words from “means such” to “1992,” substitute “ has the same meaning as in the Education Act 1996, ”.

Education Act 1996 (c.56) U.K.

51 U.K. In section 1 of the Education Act 1996 (the stages of education) in subsection (3) for the words from “confers functions” to the end substitute “ makes provision with respect to further education. ”

Commencement Information

I105 Sch. 9 para. 51 wholly in force at 1.4.2001; Sch. 9 in force at Royal Assent as regards any provision (other than a provision mentioned in s. 154(1)(c)) which is consequential upon ss. 130, 131 or Sch. 8; Sch. 9 not otherwise in force at Royal Assent see s. 154(1)(3)-(5); Sch. 9 para. 51 in force at 1.4.2001 (E.) by S.I. 2001/654, art. 2 Sch. Pt. II and (W.) by S.I. 2001/1274, art. 2 Sch. Pt. I

52 (1) Section 13 of that Act (general responsibility for education) is amended as follows. U.K.

(2) In subsection (1) for “, secondary education and further education” substitute “ and secondary education ”.

(3) In subsection (2) for paragraphs (a) and (b) substitute—

“(a) the Learning and Skills Council for England or the National Council for Education and Training for Wales, or

(b) the higher education funding councils established under section 62 of the Further and Higher Education Act 1992.”

Commencement Information

I106 Sch. 9 para. 52 wholly in force at 1.4.2001; Sch. 9 in force at Royal Assent as regards any provision (other than a provision mentioned in s. 154(1)(c) which is consequential upon ss. 130, 131 or Sch. 8; Sch. 9 not otherwise in force at Royal Assent see s. 154(1)(3)-(5); para. 52(1)(2) in force at 1.4.2001 (E.) by S.I. 2001/654, art. 2 Sch. Pt. II and (W.) by S.I. 2001/1274, art. 2 Sch. Pt. I; para. 52(3) in force at 1.4.2001 by S.I. 2001/654, art. 2, Sch. Pt. II

53 U.K. Section 15 of that Act (functions in respect of provision of further education) shall cease to have effect.

Commencement Information

I107 Sch. 9 para. 53 wholly in force at 1.4.2001; Sch. 9 in force at Royal Assent as regards any provision (other than a provision mentioned in s. 154(1)(c)) which is consequential upon ss. 130, 131 or Sch. 8; Sch. 9 not otherwise in force at Royal Assent see s. 154(1)(3)-(5); Sch. 9 para. 53 in force at 1.4.2001 (E.) by S.I. 2001/654, art. 2 Sch. Pt. II and (W.) by S.I. 2001/1274, art. 2 Sch. Pt. I

54 (1) Section 15A of that Act (functions of local education authorities in respect of full-time education for 16 to 18 year olds) is amended as follows. U.K.

(2) In subsection (1) after “full-time” insert “ or part-time ”.

(3) After subsection (1) insert—

“(1A) The power under subsection (1) to secure the provision of education includes power to secure the provision—

(a) of training, including vocational, social, physical and recreational training, and

(b) of organised leisure time occupation (within the meaning of section 2(6)) which is provided in connection with the provision of education or of training within paragraph (a).”

(4) In subsection (2) after “functions under this section” insert “ in respect of secondary education ”.

(5) After subsection (2) insert—

“(3) In exercising their functions under this section in respect of further education a local education authority shall in particular have regard to the needs of persons with learning difficulties (within the meaning of section 13(5) and (6) of the Learning and Skills Act 2000).

(4) A local education authority may do anything which appears to them to be necessary or expedient for the purposes of or in connection with the exercise of their functions under this section.”

Commencement Information

I108 Sch. 9 para. 54 wholly in force at 1.4.2001; Sch. 9 in force at Royal Assent as regards any provision (other than a provision mentioned in s. 154(1)(c)) which is consequential upon ss. 130, 131 or Sch. 8; Sch. 9 not otherwise in force at Royal Assent see s. 154(1)(3)-(5); Sch. 9 para. 54 in force at 1.4.2001 (E.) by S.I. 2001/654, art. 2 Sch. Pt. II and (W.) by S.I. 2001/1274, art. 2 Sch. Pt. I

55 U.K. After section 15A of that Act insert—

“15B Functions in respect of education for persons over 19.

(1) A local education authority may secure the provision for their area of full-time or part-time education suitable to the requirements of persons who have attained the age of 19, including provision for persons from other areas.

(2) The power under subsection (1) to secure the provision of education includes power to secure the provision—

(a) of training, including vocational, social, physical and recreational training, and

(b) of organised leisure time occupation (within the meaning of section 2(6)) which is provided in connection with the provision of education or of training within paragraph (a).

(3) In exercising their functions under this section a local education authority shall in particular have regard to the needs of persons with learning difficulties (within the meaning of section 13(5) and (6) of the Learning and Skills Act 2000).

(4) A local education authority may do anything which appears to them to be necessary or expedient for the purposes of or in connection with the exercise of their functions under this section.

(5) This section does not apply to higher education.”

Commencement Information

I109 Sch. 9 para. 55 wholly in force at 1.4.2001; Sch. 9 in force at Royal Assent as regards any provision (other than a provision mentioned in s. 154(1)(c)) which is consequential upon ss. 130, 131 or Sch. 8; Sch. 9 not otherwise in force at Royal Assent see s. 154(1)(3)-(5); Sch. 9 para. 55 in force at 1.4.2001 (E.) by S.I. 2001/654, art. 2, Sch. Pt. II and (W.) by S.I. 2001/1274, art. 2 Sch. Pt. I

56 U.K. In section 312(2) of that Act (meaning of “learning difficulty”) for “section 15(5)” substitute “ section 15A or 15B ”.

Commencement Information

I110 Sch. 9 para. 56 wholly in force at 1.4.2001; Sch. 9 in force at Royal Assent as regards any provision (other than a provision mentioned in s. 154(1)(c)) which is consequential upon ss. 130, 131 or Sch. 8; Sch. 9 not otherwise in force at Royal Assent see s. 154(1)(3)-(5); Sch. 9 para. 56 in force at 1.4.2001 (E.) by S.I. 2001/654, art. 2 Sch. Pt. II and (W.) by S.I. 2001/1274, art. 2 Sch. Pt. I

57 (1) Section 408 of that Act (provision of information) is amended as follows. U.K.

(2) In subsection (1)(a) after “Education Act 1997” insert “ or section 96 of the Learning and Skills Act 2000 ”.

(3) In subsection (2) after paragraph (d) insert “, and

(e) arrangements relating to external qualifications (within the meaning given by section 96(5) of the Learning and Skills Act 2000) and to courses leading to such qualifications.”

Commencement Information

I111 Sch. 9 para. 57 wholly in force at 1.4.2001; Sch. 9 in force at Royal Assent as regards any provision (other than a provision mentioned in s. 154(1)(c)) which is consequential upon ss. 130, 131 or Sch. 8; Sch. 9 not otherwise in force at Royal Assent see s. 154(1)(3)-(5); Sch. 9 para. 57 in force at 1.9.2001 (E.) by S.I. 2001/654, art. 2, Sch. Pt. III; Sch. 9 para. 57 in force at 1.4.2001 (W.) by S.I. 2001/1274, art. 2, Sch. Pt. II

F303 58 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F303 Sch. 9 para. 58 repealed (2.1.2008 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2007/3611, art. 4(1), Sch. Pt. 1

F304 59 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F304 Sch. 9 para. 59 repealed (1.9.2009) by Learner Travel (Wales) Measure 2008 (nawm 2), s. 28(2), Sch. 2; S.I. 2009/371, art. 2(2), Sch. Pt. 2

60 U.K. In section 537 of that Act (power of the Secretary of State to require information from governing bodies etc) in subsection (7)(b) for “or city college for the technology of the arts” substitute “ , city college for the technology of the arts or city academy ”.

Commencement Information

I112 Sch. 9 in force at Royal Assent as regards any provision (other than a provision mentioned in s. 154(1)(c)) which is consequential upon ss. 130, 131 or Sch. 8; Sch. 9 not otherwise in force at Royal Assent see s. 154(1)(3)-(5)

61 U.K. In section 541 of that Act (distribution of information about further education institutions) in subsection (1)(b) for “or city college for the technology of the arts” substitute “ , city college for the technology of the arts or city academy ”.

Commencement Information

I113 Sch. 9 in force at Royal Assent as regards any provision (other than a provision mentioned in s. 154(1)(c)) which is consequential upon ss. 130, 131 or Sch. 8; Sch. 9 not otherwise in force at Royal Assent see s. 154(1)(3)-(5)

62 U.K. In section 550B of that Act (detention outside school hours) in subsection (2)(c) for “or city college for the technology of the arts” substitute “ , city college for the technology of the arts or city academy ”.

Commencement Information

I114 Sch. 9 in force at Royal Assent as regards any provision (other than a provision mentioned in s. 154(1)(c)) which is consequential upon ss. 130, 131 or Sch. 8; Sch. 9 not otherwise in force at Royal Assent see s. 154(1)(3)-(5)

63 U.K. In section 580 of that Act (index) in the table at the appropriate place insert—

“ city academy ”

“ section 482(3) ”

.

Commencement Information

I115 Sch. 9 in force at Royal Assent as regards any provision (other than a provision mentioned in s. 154(1)(c)) which is consequential upon ss. 130, 131 or Sch. 8; Sch. 9 not otherwise in force at Royal Assent see s. 154(1)(3)-(5)

64 U.K. In Schedule 1 to that Act (pupil referral units) in paragraph 8 for “county schools” substitute “ community schools ”.

Commencement Information

I116 Sch. 9 para. 64 wholly in force at. 1.1.2001; Sch. 9 in force at Royal Assent as regards any provision (other than a provision mentioned in s. 154(1)(c)) which is consequential upon ss. 130, 131 or Sch. 8; Sch. 9 not otherwise in force at Royal Assent see s. 154(1)(3)-(5); Sch. 9 para. 64 in force (E.) at 1.10.2000 by S.I. 2000/2559, art. 2(1), Sch. Pt. I; Sch. 9 para. 64 in force (W.) at 1.1.2001 by S.I. 2000/3230, art. 2, Sch.

School Inspections Act 1996 (c.57) U.K.

F305 65 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F305 Sch. 9 paras. 65-68 repealed (1.9.2005 for E., 1.9.2006 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 19 Pt. 1; S.I. 2005/2034, art. 4; S.I. 2006/1338, art. 3, Sch. 1 (with Sch. 4 para. 6)

F305 66 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F305 Sch. 9 paras. 65-68 repealed (1.9.2005 for E., 1.9.2006 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 19 Pt. 1; S.I. 2005/2034, art. 4; S.I. 2006/1338, art. 3, Sch. 1 (with Sch. 4 para. 6)

F305 67 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F305 Sch. 9 paras. 65-68 repealed (1.9.2005 for E., 1.9.2006 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 19 Pt. 1; S.I. 2005/2034, art. 4; S.I. 2006/1338, art. 3, Sch. 1 (with Sch. 4 para. 6)

F305 68 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F305 Sch. 9 paras. 65-68 repealed (1.9.2005 for E., 1.9.2006 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 19 Pt. 1; S.I. 2005/2034, art. 4; S.I. 2006/1338, art. 3, Sch. 1 (with Sch. 4 para. 6)

Education Act 1997 (c.44) U.K.

F306 69 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F306 Sch. 9 para. 69 repealed (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 16 Pt. 4; S.I. 2010/1151, art. 2, Sch. 1

70 U.K. In section 31 of that Act (other functions of the Qualifications, Curriculum and Assessment Authority for Wales) after subsection (4) insert—

“(5) The Authority may supply any person designated by the National Assembly for Wales with such information as the Authority thinks fit about any matter in relation to which it has a function.”

Commencement Information

I117 Sch. 9 in force at Royal Assent as regards any provision (other than a provision mentioned in s. 154(1)(c)) which is consequential upon ss. 130, 131 or Sch. 8; Sch. 9 not otherwise in force at Royal Assent see s. 154(1)(3)-(5); Sch. 9 para. 70 in force (W.) at 1.1.2001 by S.I. 2000/3230, art. 2, Sch.

71 U.K. In section 43 of that Act (provision of careers education in schools) in subsection (2)(d) for “and city colleges for the technology of the arts” substitute “ , city colleges for the technology of the arts and city academies ”.

Commencement Information

I118 Sch. 9 in force at Royal Assent as regards any provision (other than a provision mentioned in s. 154(1)(c)) which is consequential upon ss. 130, 131 or Sch. 8; Sch. 9 not otherwise in force at Royal Assent see s. 154(1)(3)-(5)

72 U.K. In section 44(3)(a) of that Act (co-operation with careers advisers) for “the age of 18” there shall be substituted “ the age of 16 ”.

Commencement Information

I119 Sch. 9 para. 72 wholly in force at 1.4.2001; Sch. 9 in force at Royal Assent as regards any provision (other than a provision mentioned in s. 154(1)(c)) which is consequential upon ss. 130, 131 or Sch. 8; Sch. 9 not otherwise in force at Royal Assent see s. 154(1)(3)-(5); Sch. 9 para. 72 in force at 1.4.2001 (E.) by S.I. 2001/654, art. 2 Sch. Pt. II and (W.) by S.I. 2001/1274, art. 2 Sch. Pt. I

Audit Commission Act 1998 (c.18) U.K.

F307 73 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F307 Sch. 9 para. 73 repealed (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), art. 1(2)(a)(b), Sch. 1 para. 42, Sch. 2 Pt. 1 (with art. 2(3))

Teaching and Higher Education Act 1998 (c.30) U.K.

74 (1) Section 26 of the Teaching and Higher Education Act 1998 (imposition of conditions as to fees at further or higher education institutions) is amended as follows. U.K.

(2) Omit subsections (1) and (2).

(3) In each of subsections (6), (7), (10)(a) and (11)(b) for “subsection (2) or (4)” substitute “ subsection (4) ”.

(4) In subsection (9)—

(a) in the definition of “the relevant academic year” for “subsection (2) or (4)” substitute “ subsection (4) ”, and

(b) in the definition of “specified” for “subsection (1) or (3), as the case may be” substitute “ subsection (3) ”.

(5) In subsection (11) for “subsection (1) or (3)”, in both places where the words occur, substitute “ subsection (3) ”.

Commencement Information

I120 Sch. 9 para. 74 wholly in force at 1.4.2001; Sch. 9 in force at Royal Assent as regards any provision (other than a provision mentioned in s. 154(1)(c)) which is consequential upon ss. 130, 131 or Sch. 8; Sch. 9 not otherwise in force at Royal Assent see s. 154(1)(3)-(5); Sch. 9 para. 74 in force at 1.4.2001 (E.) by S.I. 2001/654, art. 2 Sch. Pt. II and (W.) by S.I. 2001/1274, art. 2 Sch. Pt. I

75 U.K. In section 28(1) of that Act (interpretation) in the definition of “publicly-funded institution”, in paragraph (a)—

(a) omit “5 or”,

(b) omit the words from “from a further” to “its costs”, and

(c) after “1996” insert “ or any institution receiving financial resources under section 5 or 34 of the Learning and Skills Act 2000 ”.

Commencement Information

I121 Sch. 9 in force at Royal Assent as regards any provision (other than a provision mentioned in s. 154(1)(c)) which is consequential upon ss. 130, 131 or Sch. 8; Sch. 9 not otherwise in force at Royal Assent see s. 154(1)(3)-(5); para. 75(a)(b) wholly in force for E. and para. 75(c) in force for E.W. for specified purposes at 1.4.2001 by S.I. 2001/654, art. 2, Sch. Pt. II; para. 75(a)(b) wholly in force for W. and para. 75(c) in force for W. for specified purposes at 1.4.2001 by S.I. 2001/1274, art. 2 Sch. Pt. I

76 U.K. Section 34 of that Act (inspection of vocational training in Wales) shall cease to have effect.

Commencement Information

I122 Sch. 9 in force at Royal Assent as regards any provision (other than a provision mentioned in s. 154(1)(c)) which is consequential upon ss. 130, 131 or Sch. 8; Sch. 9 not otherwise in force at Royal Assent see s. 154(1)(3)-(5); Sch. 9 para. 76 in force for W. at 1.4.2001 by S.I. 2001/1274, art. 2 Sch. Pt. I

77 U.K. In section 35 of that Act (inspection of careers services in Wales), for subsection (6) substitute—

“(6) Any inspection under this section shall be conducted by one or more of the following—

(a) any of Her Majesty’s Inspectors of Education and Training in Wales or Arolgwyr Ei Mawrhydi dros Addysg a Hyfforddiant yng Nghymru, or

(b) any additional inspector authorised under paragraph 2 of Schedule 1 to the School Inspections Act 1996;

but such an inspector or inspectors may be assisted by such other persons (whether or not members of the Chief Inspector’s staff) as the Chief Inspector thinks fit.

(6A) In conducting an inspection under this section, the inspector or inspectors shall act in accordance with any instruction or guidelines given from time to time by the National Assembly for Wales.

(6B) Where an inspection under this section has been completed, the inspector or inspectors shall make a written report on the inspection and shall send the report to the National Assembly for Wales.

(6C) The National Assembly for Wales may arrange for any report of an inspection under this section to be published in such manner as the National Assembly for Wales considers appropriate; and section 42A(2) to (4) of the School Inspections Act 1996 shall apply in relation to the publication of any such report by the National Assembly for Wales as they apply to the publication of a report by the Chief Inspector under any of the provisions mentioned in section 42A(2).”

Commencement Information

I123 Sch. 9 in force at Royal Assent as regards any provision (other than a provision mentioned in s. 154(1)(c)) which is consequential upon ss. 130, 131 or Sch. 8; Sch. 9 not otherwise in force at Royal Assent see s. 154(1)(3)-(5); Sch. 9 para. 77 in force for W. at 1.4.2001 by S.I. 2001/1274, art. 2, Sch. Pt. I

School Standards and Framework Act 1998 (c.31) U.K.

F308 78 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F308 Sch. 9 para. 78 repealed (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 18 Pt. 4; S.I. 2007/935, art. 5(ii)

F309 79 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F309 Sch. 9 para. 79 repealed (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 18 Pt. 4; S.I. 2007/935, art. 5(ii)

F310 80 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F310 Sch. 9 para. 80 repealed (1.3.2005 for E., 1.9.2006 for W.) by Children Act 2004 (c. 31), Sch. 5 Pt. 1; S.I. 2005/394, art. 2(1)(l); S.I. 2006/885, art. 3(b)

F311 81 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F311 Sch. 9 para. 81 repealed (1.3.2005 for E., 1.9.2006 for W.) by Children Act 2004 (c. 31), Sch. 5 Pt. 1, 1; S.I. 2005/394, art. 2(1)(l); S.I. 2006/885, art. 3(b)

F312 82 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F312 Sch. 9 para. 82 repealed (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 18 Pt. 3; S.I. 2007/935, art. 7(q)

83 U.K. In section 30(3) of that Act (notice by governing body to discontinue foundation or voluntary school) for “the appropriate further education funding council” substitute “ the Learning and Skills Council for England (if the school is in England) or the National Council for Education and Training for Wales (if the school is in Wales) ”.

84 U.K. In section 33(1) of that Act (establishment, alteration and discontinuance of schools) after “Schedule 6” insert “ to this Act or under Schedule 7 to the Learning and Skills Act 2000 ”.

Commencement Information

I124 Sch. 9 para. 84 wholly in force 1.4.2002; Sch. 9 in force at Royal Assent as regards any provision (other than a provision mentioned in s. 154(1)(c)) which is consequential upon ss. 130, 131 or Sch. 8; Sch. 9 not otherwise in force at Royal Assent see s. 154(1)(3)-(5); Sch. 9 para. 84 in force for E. at 1.4.2001 by S.I. 2001/654, art. 2, Sch. Pt. II; Sch. 9 para. 84 in force for W. at 1.4.2002 by S.I. 2001/2705, art. 2, Sch. Pt. I

85 U.K. In section 110 of that Act (home-school agreements) in subsection (1)(b) for “or a city college for the technology of the arts” substitute “ , a city college for the technology of the arts or a city academy ”.

Commencement Information

I125 Sch. 9 in force at Royal Assent as regards any provision (other than a provision mentioned in s. 154(1)(c)) which is consequential upon ss. 130, 131 or Sch. 8; Sch. 9 not otherwise in force at Royal Assent see s. 154(1)(3)-(5)

86 U.K. Part VI of that Act (partnership arrangements in Wales) shall cease to have effect.

Commencement Information

I126 Sch. 9 in force at Royal Assent as regards any provision (other than a provision mentioned in s. 154(1)(c)) which is consequential upon ss. 130, 131 or Sch. 8; Sch. 9 not otherwise in force at Royal Assent see s. 154(1)(3)-(5); Sch. 9 para. 86 in force (W.) at 1.1.2001 by S.I. 2000/3230, art. 2, Sch.

87 (1) Section 137 of that Act (Education Transfer Council: alteration and dissolution) shall be amended as follows. U.K.

(2) In subsection (3)(c) for “or under the Education Reform Act 1988” substitute “ , under the Education Reform Act 1988 or under the Further and Higher Education Act 1992 ”.

(3) At the end of subsection (4)(a) insert “or section 34 or 36 of, or Schedule 5 or 7 to, the Further and Higher Education Act 1992”.

88 U.K. In section 142(1) of that Act (general interpretation) omit the definition of “the appropriate further education funding council”.

89 (1) Schedule 6 to that Act (statutory proposals: procedure and implementation) shall be amended as follows. U.K.

(2) In paragraph 4(3) after paragraph (d) insert—

“or

(e) any undetermined proposals published under Schedule 7 to the Learning and Skills Act 2000.”

(3) In paragraph 4(4)(a) for “or under paragraph 8 or 9 of Schedule 7” substitute “ of this Schedule, under paragraph 8 or 9 of Schedule 7 or under Schedule 7 to the Learning and Skills Act 2000 ”.

Commencement Information

I127 Sch. 9 in force at Royal Assent as regards any provision (other than a provision mentioned in s. 154(1)(c)) which is consequential upon ss. 130, 131 or Sch. 8; Sch. 9 not otherwise in force at Royal Assent see s. 154(1)(3)-(5); Sch. 9 para. 89 in force for E. at 1.4.2001 by S.I. 2001/654, art. 2, Sch. Pt. II

90 (1) Schedule 7 to that Act (rationalisation of school places) shall be amended as follows. U.K.

(2) In paragraph 4(5)—

(a) in paragraph (b) for “or under paragraph 5” substitute “ of this Act, paragraph 5 of this Schedule or Schedule 7 to the Learning and Skills Act 2000 ”;

(b) in paragraph (c) after sub-paragraph (ii) insert—

“or

(iii) any determination whether or not to approve the proposals under Schedule 7 to the Learning and Skills Act 2000.”

(3) In paragraph 8(7) after paragraph (c) insert—

“and

(d) any proposals published under Schedule 7 to the Learning and Skills Act 2000 (and not withdrawn).”

(4) In paragraph 8(10) after paragraph (b) insert—

“or

(c) any determination whether or not to approve the proposals under Schedule 7 to the Learning and Skills Act 2000.”

(5) In paragraph 13(4) after paragraph (c) insert—

“and

(d) any proposals published under Schedule 7 to the Learning and Skills Act 2000 (and not withdrawn).”

(6) In paragraph 13(7) after paragraph (b) insert—

“or

(c) any determination whether or not to approve the proposals under Schedule 7 to the Learning and Skills Act 2000.”

Commencement Information

I128 Sch. 9 in force at Royal Assent as regards any provision (other than a provision mentioned in s. 154(1)(c)) which is consequential upon ss. 130, 131 or Sch. 8; Sch. 9 not otherwise in force at Royal Assent see s. 154(1)(3)-(5); Sch. 9 para. 90 in force for E. at 1.4.2001 by S.I. 2001/654, art. 2 Sch. Pt. II; Sch. 9 para. 90(5)(6) in force for W. at 1.4.2002 by S.I. 2001/2705, art. 2 Sch. Pt. I

F313 91 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F313 Sch. 9 para. 91 repealed (2.1.2008 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2007/3611, art. 4(1), Sch. Pt. 1

Government of Wales Act 1998 (c.38) U.K.

92 (1) Section 104 of the Government of Wales Act 1998 (funding of the Chief Inspector of Education and Training in Wales) is amended as follows. U.K.

(2) In subsection (4), omit the words from “; and in determining” to the end.

(3) After subsection (4), insert—

“(4A) The Assembly shall—

(a) approve the plan submitted to it under section 87 of the Learning and Skills Act 2000; and

(b) determine the amount of the funding it is to provide under this section in accordance with the plan as approved by it.

(4B) But before it gives its approval under subsection (4A)(a), the Assembly may require the Chief Inspector to modify the plan.”

Commencement Information

I129 Sch. 9 para. 92 in force at Royal Assent as regards any provision (other than a provision mentioned in s. 154(1)(c)) which is consequential upon ss. 130, 131 or Sch. 8; Sch. 9 para. 92 not otherwise in force at Royal Assent see s. 154(1)(3)-(5); Sch. 9 para. 92 in force (W.) at 1.1.2001 by S.I. 2000/3230, art. 2, Sch.

F314 93 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F314 Sch. 9 para. 93 repealed by Government of Wales Act 2006 (c. 32), s. 163, Sch. 12 (with Sch. 11 para. 22) the amending provision coming into force immediately after "the 2007 election" (held on 3.5.2007) subject to s. 161(1)(4)(5) of the amending Act, which provides for certain provisions to come into force for specified purposes immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) - see ss. 46, 161(4)(5) of the amending Act.

94 U.K. In Part I of Schedule 4 to that Act (public bodies subject to reform by Assembly) for the entry relating to the Further Education Funding Council for Wales substitute—

“5. The National Council for Education and Training for Wales.”

Commencement Information

I130 Sch. 9 in force at Royal Assent as regards any provision (other than a provision mentioned in s. 154(1)(c)) which is consequential upon ss. 130, 131 or Sch. 8; Sch. 9 not otherwise in force at Royal Assent see s. 154(1)(3)-(5); Sch. 9 para. 94 in force for W. at 1.4.2001 by S.I. 2001/1274, art. 2 Sch. Pt. I

Section 151.

SCHEDULE 10 E+W Transitional provisions

Part I E+W English Councils

Introduction E+W

1 E+W For the purposes of this Part of this Schedule—

(a) the appointed day is the day appointed under section 154 for the commencement of section 89;

(b) the old Council is the Further Education Funding Council for England;

(c) the new Council is the Learning and Skills Council for England;

(d) the new Council’s full functions are its functions under sections 2 to 18.

Transitional provisions E+W

2 E+W The old Council must do its best to secure that any functions remaining to be discharged by it at any time after the commencement of this paragraph are discharged before the appointed day.

3 (1) Anything being done by or in relation to the old Council immediately before the appointed day may be continued on or after that day by or in relation to the new Council. E+W

(2) In particular, any legal proceedings to which the old Council is a party immediately before the appointed day may be continued on or after that day by or in relation to the new Council.

4 E+W Every agreement (whether written or not), and every instrument or other document, which relates to any property, right or liability to which section 89(1)(b) applies shall have effect, so far as may be required for continuing its effect on or after the appointed day, as if—

(a) where the old Council is a party to it, the new Council were substituted as that party,

(b) for a reference to the old Council there were substituted a reference to the new Council,

(c) for a reference (however worded and whether express or implied) to the chairman, the chief officer or a member of the old Council there were substituted a reference to the chairman, the chief executive or a member of the new Council, and

(d) for a reference to the office or place of business of the old Council there were substituted a reference to the office or place of business of the new Council.

5 (1) This paragraph applies if the new Council is established before it acquires its full functions. E+W

(2) The Secretary of State may by order make provision—

(a) conferring such powers on the new Council as the Secretary of State thinks will help it to carry out its full functions when it acquires them;

(b) imposing on the old Council a duty to give such assistance to the new Council as the new Council may reasonably require to help it to carry out its full functions when it acquires them.

(3) The Secretary of State may make an order under this paragraph at any time before the day on which the new Council acquires its full functions.

6 E+W At any time before the day on which the new Council acquires its full functions, section 1(2) has effect as if for “12” there were substituted “2”.

7 (1) The new Council must discharge a duty which satisfies the following three conditions. E+W

(2) The first condition is that the duty arises under—

(a) section 8(6)(a) of the M74 Further and Higher Education Act 1992 (report on further education for disabled students), or

(b) paragraph 16 of Schedule 1 to that Act (accounts).

(3) The second condition is that the duty arises in respect of a period ending before the appointed day.

(4) The third condition is that apart from this Act the duty—

(a) would have fallen to be discharged by the old Council after the appointed day, or

(b) fell to be discharged by the old Council before the appointed day but has not been discharged.

Marginal Citations

M74 1992 c. 13.

8 E+W If an order under section 8(4) of the M75 Further and Higher Education Act 1992 confers or imposes a function on the old Council, on or after the appointed day the order is to be treated as if—

(a) it were made under section 18(4) of this Act, and

(b) it conferred or imposed the function on the new Council.

Marginal Citations

M75 1992 c. 13.

F315 Part II E+W WELSH COUNCILS

Textual Amendments

F315 Sch. 10 Pt. II omitted (1.4.2006) by virtue of National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 84 (with art. 7)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part III E+W Adult Learning Inspectorate

F316 .. E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F316 Sch. 10 Pt. III repealed (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 14 para. 67, Sch. 18 Pt. 5; S.I. 2007/935, art. 5(gg)(ii)

Part IV E+W Student loans

18 (1) Sub-paragraph (2) has effect in relation to the M76 Education (Student Loans) Act 1990 to the extent that it continues in force by virtue of any savings made, in connection with its repeal by the M77 Teaching and Higher Education Act 1998, by an order under section 46(4) of the M78 Teaching and Higher Education Act 1998. E+W

(2) Section 1(3) of the M79 Education (Student Loans) Act 1990 shall have effect as if the definition of “institutions receiving support from public funds” included a reference to institutions which receive financial resources under section 5 or 34 of this Act.

Marginal Citations

M76 1990 c. 6.

M77 1998 c. 30.

M78 1998 c. 30.

M79 1990 c. 6.

Section 153.

SCHEDULE 11 U.K. Repeals

Commencement Information

I131 Sch. 11 partly in force; Sch. 11 in force at Royal Assent as regards any provision (other than a provision mentioned in s. 154(1)(e)) which is consequential upon ss. 130, 131 or Sch. 8; Sch. 11 not otherwise in force at Royal Assent see s. 154(1)(3)-(5); Sch. 11 in force in relation to specified repeals (in some cases for limited extents and purposes) as follows: at 3.8.2000 by S.I. 2000/2114, art. 2(1), Sch. Pt. I; at 1.10.2000 and 1.11.2000 by S.I. 2000/2559, art. 2(1)(2), Sch. Pts. I, II; at 1.1.2001 by S.I. 2000/3230, art. 2, Sch.; at 1.4.2001 and 1.9.2001 by S.I. 2001/654, art. 2, Sch. Pts. II, III; at 1.4.2001 and 1.9.2001 by S.I. 2001/1274, art. 2, Sch. Pts. I, II; at 1.9.2001 by S.I. 2001/1274, art. 2 Sch. Pt. II; at 1.4.2002 by S.I. 2001/2705, art. 2, Sch. Pt. I

Chapter	Short title	Extent of repeal
1972 c. 11.	Superannuation Act 1972.	In Schedule 1, in the list of “Other Bodies”, the words “Further Education Funding Council for England in receipt of remuneration.” and “Further Education Funding Council for Wales in receipt of remuneration.”.
1975 c. 24.	House of Commons Disqualification Act 1975.	In Schedule 1, in Part III the words “Any member of the Further Education Funding Council for England in receipt of remuneration.” and “Any member of the Further Education Funding Council for Wales in receipt of remuneration.”.
1975 c. 65.	Sex Discrimination Act 1975.	Section 25(6)(d).
1976 c. 74.	Race Relations Act 1976.	Section 19(6)(d).
1988 c. 40.	Education Reform Act 1988.	In section 124(2)(b), the words “, as defined by section 15(6) and (7) of the Education Act 1996”.
1992 c. 13.	Further and Higher Education Act 1992.	Sections 1 to 9.
		Section 18(4) to (6).
		Section 28(2)(b).
		Section 32(2A).
		Section 44(6).
		Section 45(6).
		In section 52(1), the word “full-time”.
		In section 55, subsections (1) to (3) and paragraphs (a) and (b) of subsection (7).
		Section 56.
		Section 60A.
		Section 91(2).
		In Schedule 1, paragraph 9.
		Schedule 2.
		Schedule 5A.
1995 c. 50.	Disability Discrimination Act 1995.	Section 19(6)(e) and (f).
		Section 30(2) to (4).
1996 c. 56.	Education Act 1996.	Section 15.
		In section 403(1) the words “local education authority,”.
		In section 482, in subsection (2)(c) the word “either” and in subsection (3) the word “or” immediately preceding paragraph (b).
		In section 509(1), paragraph (d) and the word “or” immediately preceding that paragraph.
		In Schedule 37, paragraphs 70, 112 and 113.
1996 c. 57.	School Inspections Act 1996.	In section 10(3) the word “and” at the end of paragraph (g).
1997 c. 44.	Education Act 1997.	In section 30, in subsection (1) the words “or by subsection (3)” and subsection (3).
		In section 37, subsections (1) to (4) and in subsection (5) the words “, which are superseded by this section,”.
1998 c. 18.	Audit Commission Act 1998.	In section 36(1), in the Table, the entry relating to a further education funding council.
		In section 36(2), the words “or a further education funding council”.
1998 c. 30.	Teaching and Higher Education Act 1998.	In section 19, in subsection (1) the word “or” immediately preceding paragraph (b), in subsection (2)(f) the words “employed as a teacher at a school” and in subsection (10) the word “and” immediately preceding paragraph (c).
		In section 22(2)(h) and (7) the words “attendance on”.
		Section 26(1) and (2).
		In section 28(1), in the definition of “publicly-funded institution”, in paragraph (a) the words “5 or” and the words from “from a further” to “its costs”.
		Section 34.
1998 c. 31.	School Standards and Framework Act 1998.	Sections 125 and 126.
		In section 142(1), the definition of “the appropriate further education funding council”.
		In Schedule 6, in paragraph 4(3) the word “or” immediately after paragraph (c).
		In Schedule 7, in paragraph 4(5) the word “or” immediately after paragraph (c)(i), in paragraph 8(7) the word “or” immediately after paragraph (b), in paragraph 8(10) the word “or” immediately after paragraph (a), in paragraph 13(4) the word “and” immediately after paragraph (b) and in paragraph 13(7) the word “or” immediately after paragraph (a).
		In Schedule 22, in paragraph 5(1) the word “or” immediately after paragraph (a)(i).
		Schedule 27.
1998 c. 31.—Contd.	School Standards and Framework Act 1998—Contd.	In Schedule 30, paragraphs 41 and 42.
1998 c. 38.	Government of Wales Act 1998.	In section 104(4), the words from “; and in determining” to the end.