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Chwiliad Uwch

Learning and Skills Act 2000

Status:

Point in time view as at 14/02/2011.

Changes to legislation:

Learning and Skills Act 2000 is up to date with all changes known to be in force on or before 23 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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SCHEDULES

Section 1.

F1SCHEDULE 1E+W Learning and Skills Council for England

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

Textual Amendments

F2SCHEDULE 1AU.K.Learning aims for persons aged 19 and over

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

Textual Amendments

Section 19.

F3SCHEDULE 2E+W Local councils

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

Textual Amendments

F3Sch. 2 repealed (21.2.2008) by Further Education and Training Act 2007 (c. 25), ss 3(2)(b), 32(5), Sch. 2; S.I. 2008/313, art. 2(b)(i)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.

F4SCHEDULE 3E+W Committees (England)

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

Textual Amendments

Section 30.

F5SCHEDULE 4E+W National Council for Education and Training for Wales

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

Textual Amendments

Section 48.

F6SCHEDULE 5E+W Committees (Wales)

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

Textual Amendments

Section 52.

F7SCHEDULE 6E+W The Adult Learning Inspectorate

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

Textual Amendments

Section 113.

F8SCHEDULE 7E+W[F8Sixth forms requiring significant improvement[F9: Wales]]

Textual Amendments

F8Sch. 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

Part IE+W Power to publish proposals

Modifications etc. (not altering text)

C1Sch. 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 schoolsE+W

1(1)Paragraphs 2 to 7 apply to a maintained school (within the meaning given by section 20(7) of the M1School Standards and Framework Act 1998) 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.

[F10(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

F10Sch. 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

I1Sch. 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

[F11 2 E+WIf a person who inspects a school—

(a) states in his report an opinion, in accordance with section F12 ... 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

F11Sch. 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

3(1)This paragraph applies if in the course of an area inspection under F13[F14... section 83 of this Act] the Chief Inspector forms the opinion that a particular school [F15requires significant improvement in relation to its sixth form ].E+W

(2)The Chief Inspector shall make a report about the school stating his opinion.

[F16(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 F17 ... 28 of that Act. ]

Textual Amendments

F15Words 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

F16Sch. 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

Commencement Information

I2Sch. 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 [F18requires significant improvement in relation to its sixth form ] is stated in a report in accordance with paragraph 2, and

(b)F19... 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—

[F20(a) a report of an inspection under Chapter F21 ... 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)F22...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

F18Words 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

F20Sch. 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

Commencement Information

I3Sch. 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 [F23Chapter F24... 3 of Part 1 of the Education Act 2005 ] or [F25, F24... 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 [F26require significant improvement in relation to its sixth form ].

(2)Where F27... 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

F23Words 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

F26Words 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

Commencement Information

I4Sch. 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[F28(1) This paragraph applies to a report of an inspection under Chapter F29 ...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)F30... 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 F31... the National Assembly for Wales, and

[F32(b) if F33 ... the person making the report is a member of the Inspectorate,

to the appropriate authority for the school.]

[F34(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— F35 ...

(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 [F36local 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 [F36local 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

F28Sch. 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

F32Sch. 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

F34Sch. 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

Commencement Information

I5Sch. 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

[F37 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—

F38( a ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

( b)F38 ... [F39 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

F37Sch. 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

Institutions for 16-19 year oldsE+W

8E+WParagraphs 9 to 14 apply to a maintained school (within the meaning given by section 20(7) of the M2School Standards and Framework Act 1998) [F40in 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

Commencement Information

I6Sch. 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

F419E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F41Sch. 7 para. 9 repealed (1.9.2005 for E., 1.9.2006 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 5 para. 3(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 F42[F43... 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 [F44requires 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 [F45Part 1 of the Education Act 2005 ] as if it were the report of an inspection of a school under [F46section F47... 28 ] of that Act.

Textual Amendments

F44Words 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

F45Words 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

F46Words 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

Commencement Information

I7Sch. 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[F48(1)Parts 2 and 3 of this Schedule shall apply— F49 ... if— E+W

(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—

[F50(a) a report of an inspection under Chapter F49 ... 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)F51... 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

F48Sch. 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

F50Sch. 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

Commencement Information

I8Sch. 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 [F52Chapter F53... 3 of Part 1 of the Education Act 2005 ] or [F54, F53... 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 [F55require significant improvement].

(2)Where F56... 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 F57... 28.

Textual Amendments

F52Words 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

F55Words 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

Commencement Information

I9Sch. 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

F5813E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5914E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F59Sch. 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 IIE+W Publication of proposals

Closure of sixth form: EnglandE+W

F6015E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F6016E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F6017E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F6018E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Closure of sixth form: WalesE+W

19E+WParagraphs 20 and 21 apply to a school which is maintained by a [F36local 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.

Textual Amendments

Commencement Information

I10Sch. 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 [F61National 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 [F62National Assembly for Wales] shallF63...consult such persons as they consider appropriate.

Textual Amendments

Commencement Information

I11Sch. 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

21F64(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

[F65(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

Commencement Information

I12Sch. 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

22E+WIn paragraphs 20 and 21 “prescribed” means prescribed by regulations made by the National Assembly for Wales.

Commencement Information

I13Sch. 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: EnglandE+W

F6623E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F6624E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F6625E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F6626E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Closure of institution for 16-19 year olds: WalesE+W

27E+WParagraphs 28 and 29 apply to a school which—

(a)is maintained by a [F36local 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.

Textual Amendments

Commencement Information

I14Sch. 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 [F67National 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 [F68National Assembly for Wales] shall F69... consult such persons as they consider appropriate.

Textual Amendments

Commencement Information

I15Sch. 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

29F70(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

[F71(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

Commencement Information

I16Sch. 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

30E+WIn paragraphs 28 and 29 “prescribed” means prescribed by regulations made by the National Assembly for Wales.

Commencement Information

I17Sch. 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 areaE+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 [F36local 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—

F72(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)F72... by regulations made by the National Assembly for Wales.

Textual Amendments

Commencement Information

I18Sch. 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

F8Part IIIE+W Implementation of proposals

EnglandE+W

F7332E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F7333E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F7334E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F7335E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F7336E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F7337E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F7338E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

WalesE+W

39(1)Paragraphs 40 to 44 apply to schools [F74maintained by a [F36local 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,

  • F75...

  • “prescribed” means prescribed by or determined in accordance with regulations, and

  • “regulations” means regulations made by the National Assembly.

Textual Amendments

F74Words 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

Commencement Information

I19Sch. 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

40E+WRegulations may require [F76the National Assembly] to provide prescribed information to prescribed persons at prescribed times—

F77(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F77(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Commencement Information

I20Sch. 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

41E+WAny person may send objections to the proposals to the National Assembly within such period as may be prescribed.

Commencement Information

I21Sch. 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[F78(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 [F79confirming] proposals subject to modifications the National Assembly shall consult such persons as they consider appropriate.

(4)[F80A 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, [F81the National Assembly shall reconsider its determination] under sub-paragraph (1) .

[F82(5)The National Assembly may withdraw its proposals at any time before a determination is made under this paragraph.]

Textual Amendments

Commencement Information

I22Sch. 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 [F83confirmed] 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 [F84confirmed] 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 [F84confirmed].

F85(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)A determination may be made under sub-paragraph (2)(c) only in response to a proposal of [F86the 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

Commencement Information

I23Sch. 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 [F36local 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 [F36local 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 [F36local authority].

(3)For the purpose of sub-paragraph (2)(a) or (b), a [F36local authority]’s duty to discontinue a school is a duty to cease maintaining it.

Textual Amendments

Commencement Information

I24Sch. 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 areaE+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 [F36local 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—

F87(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)F87...by regulations made by the National Assembly for Wales.

Textual Amendments

Commencement Information

I25Sch. 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

[F88 SCHEDULE 7A U.K.Implementation of proposals for restructuring sixth-form education

Textual Amendments

F88Sch. 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)

C2Sch. 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

IntroductoryU.K.

1(1)This Schedule applies to proposals under section 113A which have been F89... [F90F89...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 F89... [F90F89... 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 F89... [F91F89... 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 F89... [F91F89... 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

F90Words 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"

Proposals to establish a schoolU.K.

2To the extent that the proposals are proposals to establish a school, they shall be implemented by the [F36local authority] which it is proposed shall establish the school.

Textual Amendments

Proposals to make a prescribed alterationU.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 [F36local 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 [F36local authority] which maintains the school, and

(b)otherwise, by the governing body of the school.

(4) For this purpose “ relevant premises ” means—

F92(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)in relation to a [F36local 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 [F36local 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

Proposals to discontinue a schoolU.K.

4To 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 [F36local authority] which maintains the school, and

(b)in any other case, by the [F36local authority] which maintains the school and the governing body of the school.

Textual Amendments

SupplementaryU.K.

[F935F94(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)Where a [F36local 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

6 F95( 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

7F96(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

F97(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) In relation to Wales, paragraph 18 of Schedule 6 to the School Standards and Framework Act 1998 (assistance from [F36local authority] 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 [F36local authority] to transfer interest in premises provided under paragraph 18) applies accordingly. ]]

Textual Amendments

Section 131.

SCHEDULE 8E+W City academies: land

F98 ............

Textual Amendments

Section 149.

SCHEDULE 9U.K. Amendments

IntroductionU.K.

1U.K.The amendments specified in this Schedule shall have effect.

Commencement Information

I26Sch. 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.

F992U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Superannuation Act 1972 (c.11)U.K.

F1003U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

House of Commons Disqualification Act 1975 (c.24)U.K.

F1014U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Sex Discrimination Act 1975 (c. 65)U.K.

F1025U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F102Sch. 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))

F1036U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F103Sch. 9 para. 6 repealed by Equality Act 2010 (c. 15), 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))

F1047U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F104Sch. 9 para. 7 repealed by Equality Act 2010 (c. 15), 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))

F1058U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F106 . . . . . . .U.K.

Textual Amendments

F106Sch. 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))

F1069U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10710U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F107Sch. 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.

11U.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.

F10812U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F108Sch. 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.

13U.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

I27Sch. 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.

14U.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.

15U.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

I28Sch. 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

F10916U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F109Sch. 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))

17U.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 [F36local 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);”.

Textual Amendments

Commencement Information

I29Sch. 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

F11018U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F110Sch. 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.

19U.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

I30Sch. 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.

20U.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

I31Sch. 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

21U.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

I32Sch. 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

I33Sch. 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

I34Sch. 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

I35Sch. 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

25U.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

I36Sch. 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

26U.K.F111. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F111Sch. 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

I37Sch. 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

I38Sch. 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

29U.K.In section 52 of that Act (duty to provide for named individuals) in subsection (1) omit “full-time”.

Commencement Information

I39Sch. 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

30U.K.F112. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F112Sch. 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

31U.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

I40Sch. 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)

32U.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

I41Sch. 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

33U.K.Section 56 of that Act (directions) shall cease to have effect.

Commencement Information

I42Sch. 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

34U.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

I43Sch. 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

35U.K.F113. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F113Sch. 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

36U.K.Section 60A of that Act (partnership arrangements: Wales) shall cease to have effect.

Commencement Information

I44Sch. 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.

37U.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.”

38U.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 ”.

39U.K.In section 83 of that Act (efficiency studies) in subsection (1) for “further education funding council” substitute “ learning and skills council ”.

40U.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

I45Sch. 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

41U.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.”

42U.K.In section 91 of that Act (interpretation of Education Acts) omit subsection (2) (references to a further education funding council).

43U.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 councilsections 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

I46Sch. 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

45U.K.Schedule 5A to that Act (partnership arrangements: Wales) shall cease to have effect.

Commencement Information

I47Sch. 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.

46U.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

I48Sch. 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—

“5AThe 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.

F11448U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F114Sch. 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.

49U.K.F115. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F115Sch. 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.

50U.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.

51U.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

I49Sch. 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

I50Sch. 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

53U.K.Section 15 of that Act (functions in respect of provision of further education) shall cease to have effect.

Commencement Information

I51Sch. 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 [F36local 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 [F36local 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.”

Textual Amendments

Commencement Information

I52Sch. 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

55U.K.After section 15A of that Act insert—

“15B Functions in respect of education for persons over 19.

(1)A [F36local 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 [F36local 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 [F36local 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.”

Textual Amendments

Commencement Information

I53Sch. 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

56U.K.In section 312(2) of that Act (meaning of “learning difficulty”) for “section 15(5)” substitute “ section 15A or 15B ”.

Commencement Information

I54Sch. 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

I55Sch. 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

F11658U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F11759U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

60U.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

I56Sch. 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)

61U.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

I57Sch. 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)

62U.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

I58Sch. 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)

63U.K.In section 580 of that Act (index) in the table at the appropriate place insert—

“ city academy ”

“ section 482(3) ”

.

Commencement Information

I59Sch. 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)

64U.K.In Schedule 1 to that Act (pupil referral units) in paragraph 8 for “county schools” substitute “ community schools ”.

Commencement Information

I60Sch. 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.

F11865U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F118Sch. 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)

F11866U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F118Sch. 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)

F11867U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F118Sch. 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)

F11868U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F118Sch. 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.

F11969U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

70U.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

I61Sch. 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.

71U.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

I62Sch. 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)

72U.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

I63Sch. 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.

F12073U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F120Sch. 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

I64Sch. 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

75U.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

I65Sch. 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

76U.K.Section 34 of that Act (inspection of vocational training in Wales) shall cease to have effect.

Commencement Information

I66Sch. 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

77U.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

I67Sch. 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.

F12178U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F12279U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F12380U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F123Sch. 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)

F12481U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F124Sch. 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)

F12582U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

83U.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) ”.

84U.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

I68Sch. 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

85U.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

I69Sch. 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)

86U.K.Part VI of that Act (partnership arrangements in Wales) shall cease to have effect.

Commencement Information

I70Sch. 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”.

88U.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

I71Sch. 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

I72Sch. 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

F12691U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

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

I73Sch. 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.

F12793U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F127Sch. 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.

94U.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

I74Sch. 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 10E+W Transitional provisions

Part IE+W English Councils

IntroductionE+W

1E+WFor 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 provisionsE+W

2E+WThe 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.

4E+WEvery 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.

6E+WAt 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 M3Further 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

8E+WIf an order under section 8(4) of the M4Further 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

F128Part IIE+WWELSH COUNCILS

Textual Amendments

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

Part IIIE+W Adult Learning Inspectorate

F129..E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Part IVE+W Student loans

18(1)Sub-paragraph (2) has effect in relation to the M5Education (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 M6Teaching and Higher Education Act 1998, by an order under section 46(4) of the M7Teaching and Higher Education Act 1998.E+W

(2)Section 1(3) of the M8Education (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

Section 153.

SCHEDULE 11U.K. Repeals

Commencement Information

I75Sch. 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

ChapterShort titleExtent 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.

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