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Apprenticeships, Skills, Children and Learning Act 2009

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Apprenticeships, Skills, Children and Learning Act 2009 is up to date with all changes known to be in force on or before 28 December 2024. There are changes that may be brought into force at a future date. Help about Changes to Legislation

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  1. Introductory Text

  2. Part 1 Apprenticeships, study and training

    1. CHAPTER ZA1 The Institute for Apprenticeships and Technical Education

      1. Establishment

        1. ZA1.The Institute for Apprenticeships and Technical Education

      2. General duties and functions

        1. ZA2.General duties

        2. ZA2A.Oversight

        3. ZA3.Provision of advice and assistance to the Secretary of State etc

        4. ZA4.Delegation of functions to the Institute by Secretary of State

        5. ZA5.Conferral of further functions on the Institute by regulations

        6. ZA6.Annual and other reports

      3. Compliance

        1. ZA7.Secretary of State directions where the Institute fails to discharge duties etc

      4. Directions

        1. ZA8.General provision about directions under Chapters ZA1 and A1

        2. ZA8A.Interpretation of Chapter ZA1

    2. CHAPTER A1 Apprenticeships and technical education: England

      1. Occupational categories and groups

        1. ZA9.Occupational categories (sometimes referred to as “routes”)

        2. ZA10.Mapping of occupational groups

      2. Standards

        1. ZA11.Standards

      3. Meaning of “approved English apprenticeship” etc

        1. A1.Meaning of “approved English apprenticeship” etc

      4. Apprenticeship assessment plans

        1. A2.Apprenticeship assessment plans

        2. A2A.Preparation of apprenticeship standards and assessment plans

      5. Quality assurance of apprenticeship assessments etc

        1. A2B.Evaluation of quality of apprenticeship assessments

        2. A2C.Unsatisfactory apprenticeship assessments

        3. A2D.Committee to advise on quality evaluations etc

      6. Technical education qualifications

        1. A2D1.Approval of technical education qualifications: overview

        2. A2D2.Categories of technical education qualification

        3. A2D3.Technical education certificate: approval of technical education qualifications

        4. A2D4.Additional steps towards occupational competence

        5. A2D5.Further powers to approve technical education qualifications

        6. A2D6.Approved technical education qualifications: approval and withdrawal

        7. A2D7.Approved technical education qualifications: publication and fees

        8. A2D8.Reviews of approval of technical education qualifications

        9. A2D9.Moratorium on further approvals under section A2D5

        10. A2D10.Directions

        11. A2D11.Co-operation between the Institute and Ofqual

      7. Other provision relating to approved English apprenticeships and technical education

        1. A2E.Regular reviews of published standards and assessment plans

        2. A2F.Revision or withdrawal of published standards and assessment plans

      8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

        1. A2G.Examinations by independent third parties

        2. A2H.List of published standards and assessment plans

        3. A2HA.List of technical education qualifications

        4. A2I.Transfer of copyright in standards and assessment plans

        5. A2IA.Transfer of copyright relating to technical education qualifications

        6. A2IB.Availability of approved technical education qualifications outside England

        7. A3.Power to issue apprenticeship certificate

        8. A3A.Power to issue technical education certificate

        9. A4.Delegation

        10. A5.English apprenticeship agreements: status

        11. A6.English apprenticeship agreements: supplementary provision

        12. A7.Crown servants and parliamentary staff

        13. A8.Progress reports

        14. A9.Public sector apprenticeship targets

        15. A10.Further provision about apprenticeship targets

        16. A11.Only statutory apprenticeships to be described as apprenticeships

        17. A12.Interpretation of Chapter A1

    3. Chapter 1 Apprenticeships: Wales

      1. ...

        1. 1.Meaning of “completing an English apprenticeship”

        2. 2.Meaning of “completing a Welsh apprenticeship”

      2. ...

        1. 3.Duty to issue: England

        2. 4.Power to issue: England

        3. 5.Issue by the English certifying authority: supplementary

        4. 6.The English certifying authority

      3. Apprenticeship certificates: Wales

        1. 7.Duty to issue: Wales

        2. 8.Power to issue: Wales

        3. 9.Issue by the Welsh certifying authority: supplementary

        4. 10.The Welsh certifying authority

      4. Contents of apprenticeship certificate: ...Wales

        1. 11.Contents of apprenticeship certificate

      5. Apprenticeship frameworks: ... Wales

        1. 12.Apprenticeship frameworks: interpretation

      6. ...

        1. 13.English issuing authority

        2. 14.Issue: England

        3. 15.Recognised English frameworks: notification and publication

        4. 16.Submission of draft framework for issue: England

        5. 17.Transitional provision: England

      7. Apprenticeship frameworks: Wales

        1. 18.Welsh issuing authority

        2. 19.Issue: Wales

        3. 20.Recognised Welsh frameworks: notification and publication

        4. 21.Submission of draft framework for issue: Wales

        5. 22.Transitional provision: Wales

      8. ...

        1. 23.Duty to prepare and submit draft specification: England

        2. 24.Order bringing specification into effect

        3. 25.Modification: England

        4. 26.Replacement or modification: recognised English frameworks

        5. 27.Contents of specification of apprenticeship standards for England

      9. Specification of apprenticeship standards: Wales

        1. 28.Specification of apprenticeship standards for Wales

        2. 29.Modification: Wales

        3. 30.Replacement or modification: recognised Welsh frameworks

        4. 31.Contents of specification of apprenticeship standards for Wales

      10. Apprenticeship agreements: ... Wales

        1. 32.Meaning of “apprenticeship agreement”

        2. 33.Ineffective provisions

        3. 34.Variation

        4. 35.Status

        5. 36.Crown servants and Parliamentary staff

      11. Duty to participate in education or training: England

        1. 37.Duty to participate in education or training: apprenticeship agreements

      12. General

        1. 38.Apprenticeship sectors

        2. 39.Interpretation of Chapter

    4. Chapter 2 Study and training

      1. 40.Employer support for employee study and training

  3. Part 1A Apprenticeships , Technical Education Qualifications and other education and training: information sharing

    1. England

      1. 40A.Sharing of information by HMRC and the Secretary of State

      2. 40AA.Sharing of information by or with the Institute

      3. 40AB.Sharing of technical education information by or with Ofqual

    2. Wales, Scotland and Northern Ireland

      1. 40B.Sharing of information by HMRC and devolved authorities

    3. General

      1. 40C.Wrongful disclosure

      2. 40D.Interpretation

  4. Part 2 Local authority functions

    1. Education and training for persons over compulsory school age

      1. 41.Education and training for persons over compulsory school age: general duty

      2. 42.Encouragement of education and training for persons over compulsory school age

      3. 43.Local authority directions: children over compulsory school age

      4. 44.Power to require provision of education by further education institution

    2. The core and additional entitlements

      1. 45.Duties in relation to the core and additional entitlements

    3. Boarding accommodation: persons subject to learning difficulty assessment

      1. 46.Boarding accommodation: persons subject to learning difficulty assessment

    4. Work experience

      1. 47.Work experience for persons over compulsory school age

    5. Persons detained in youth accommodation

      1. 48.Provision of education for persons subject to youth detention

      2. 49.Persons detained in youth accommodation: application of provisions

      3. 50.Persons detained in youth accommodation: further provision

      4. 51.Detention of child or young person: local authorities to be notified

      5. 52.Release from detention of child or young person with special educational needs

    6. Transport in England

      1. 53.Provision of transport etc for persons of sixth form age: duty to have regard to section 15ZA duty

      2. 54.Transport policy statements for persons of sixth form age: consultation

      3. 55.Transport policy statements for persons of sixth form age: content and publication

      4. 56.Complaints about transport arrangements etc for persons of sixth form age

      5. 57.Local authorities in England: provision of transport etc for adult learners

    7. Powers in respect of non-maintained schools

      1. 58.Power of local authorities to arrange provision of education at non-maintained schools

    8. General

      1. 59.Minor and consequential amendments

  5. Part 3 The Young People's Learning Agency for England

    1. Chapter 1 Establishment

      1. 60.The Young People's Learning Agency for England

    2. Chapter 2 Main functions

      1. Funding

        1. 61.Provision of financial resources

        2. 62.Financial resources: conditions

        3. 63.. . . . . . . . . ....

        4. 64.Means tests

        5. 65.Prohibition on charging

      2. Securing provision of education and training

        1. 66.Securing provision of education and training

        2. 67.Intervention for purpose of securing provision of education and training

      3. Provision of services and assistance

        1. 68.Provision of services

        2. 69.Assistance with respect to employment and training

        3. 70.Assistance with respect to employment and training: Northern Ireland

      4. Miscellaneous

        1. 71.Research, information and advice

        2. 71A.Assistance etc. in relation to functions of the principal regulator

        3. 72.Guidance by YPLA

        4. 73.Intervention powers: policy statement

        5. 74.Power to confer supplementary functions on YPLA

    3. Chapter 3 YPLA's functions: supplementary

      1. 75.Directions by Secretary of State

      2. 76.Guidance by Secretary of State

    4. Chapter 4 Academy agency arrangements

      1. 77.Academy agency arrangements

      2. 78.Grants for purposes of Academy agency arrangements functions

      3. 79.Academy agency arrangements: information sharing

    5. Chapter 5 General

      1. 80.Interpretation of Part

  6. Part 4 Apprenticeships and adult education and training: role of Secretary of State

    1. Chapter 1 Apprenticeships and adult education and training

      1. ...

        1. 81.The Chief Executive of Skills Funding

      2. ...

        1. 82.Apprenticeship functions

      3. Apprenticeship training for persons aged 16 to 18 and certain young adults

        1. 83.Power to secure provision of apprenticeship training

        2. 83A.The apprenticeship offer

        3. 83B.Limit on scope of the apprenticeship offer

        4. 84.Arrangements and co-operation with local authorities

        5. 85. Provision of apprenticeship training etc for persons within section 83 or 83A

      4. Education and training for persons aged 19 or over etc.

        1. 86.Education and training for persons aged 19 or over and others subject to adult detention

        2. 87.Learning aims for persons aged 19 or over: provision of facilities

        3. 88.Learning aims for persons aged 19 or over: payment of tuition fees

        4. 89.Sections 87 and 88: supplementary

        5. 90.Encouragement of education and training for persons aged 19 or over and others subject to adult detention

      5. The apprenticeship offer

        1. 91.Duty to secure availability of apprenticeship places

        2. 92.Election for apprenticeship offer

        3. 93.Meaning of “apprenticeship place”

        4. 94.Suitability and availability of apprenticeship places: further provision

        5. 95.Apprenticeship offer requirements

        6. 96.Apprenticeship offer requirements: interpretation

        7. 97.Suspension of offer

        8. 98.Power to amend apprenticeship offer

        9. 99.Apprenticeship offer: interpretation

    2. Chapter 2 Provision of services to other bodies

      1. Funding

        1. 100.Provision of financial resources

        2. 101.Financial resources: conditions

        3. 101A.Financial resources: welfare

        4. 102.Performance assessments

        5. 103.Means tests

      2. Apprenticeships: general

        1. 104.Assistance and support in relation to apprenticeship places

        2. 105.Promoting progression from level 2 to level 3 apprenticeships

        3. 106.Advice and assistance in relation to apprenticeships

      3. Provision of services and assistance

        1. 107.Provision of services

        2. 108.Assistance with respect to employment and training

        3. 109.Assistance with respect to employment and training: Northern Ireland

      4. ...

        1. 110.Research, information and advice

        2. 111.Power to confer supplementary functions on Chief Executive

    3. Chapter 3 ... supplementary

      1. Strategies

        1. 112.Strategies for functions of Chief Executive

        2. 113.. . . . . . . . . ....

        3. 114.Strategies: duty of Chief Executive

      2. Other

        1. 115.Persons with special educational needs

        2. 116.Persons subject to adult detention

        3. 117.Use of information by Chief Executive

        4. 118.Guidance

        5. 118A.Directions: consultation

        6. 119.Directions: funding of qualifications

        7. 120.Other directions relating to functions of the office

    4. Chapter 4 General

      1. 120A.Territorial application of Part

      2. 121.Interpretation of Part

  7. Part 5 Parts 2 to 4: supplementary

    1. Information

      1. 122.Sharing of information for education and training purposes

    2. The Learning and Skills Council for England

      1. 123.Dissolution of the Learning and Skills Council for England

      2. 124.Dissolution of the Learning and Skills Council: transfer schemes

  8. Part 6 The sixth form college sector

    1. 125.Sixth form college sector

    2. 126.Removal of power to establish sixth form schools

  9. Part 7 The Office of Qualifications and Examinations Regulation

    1. Chapter 1 Establishment, objectives and general duties

      1. Establishment

        1. 127.The Office of Qualifications and Examinations Regulation

      2. Objectives and general duties

        1. 128.Objectives

        2. 129.General duties

      3. Regulated qualifications and regulated assessment arrangements

        1. 130.Meaning of “regulated qualifications” etc.

        2. 131.Meaning of “regulated assessment arrangements” etc.

    2. Chapter 2 Functions in relation to qualifications

      1. Recognition of awarding bodies

        1. 132.Recognition

        2. 133.Criteria for recognition

        3. 134.General conditions of recognition

        4. 135.Other conditions of recognition

        5. 136.Fee capping conditions: supplementary

        6. 137.Entry and inspection conditions: supplementary

      2. Accreditation of certain qualifications

        1. 138.Qualifications subject to the accreditation requirement

        2. 139.Accreditation

        3. 140.Criteria for accreditation

      3. Minimum requirements

        1. 141.Power to specify minimum requirements

        2. 142.Consultation before making order specifying minimum requirements

        3. 143.Effect of order specifying minimum requirements

        4. 144.Revocation and amendment of orders specifying minimum requirements

      4. Guided learning

        1. 145.Assignment of number of hours of guided learning

        2. 146.Criteria for assignment of number of hours of guided learning

      5. Surrender

        1. 147.Surrender of recognition

      6. Register

        1. 148.Register

      7. Recognised bodies: monitoring and enforcement

        1. 149.Review of activities of recognised bodies

        2. 150.Investigation of complaints

        3. 151.Power to give directions

        4. 151A.Power to impose monetary penalties

        5. 151B.Monetary penalties: amount

        6. 151C.Monetary penalties: appeals

        7. 151D.Monetary penalties: interest and recovery

        8. 152.Power to withdraw recognition

        9. 152A.Costs recovery

        10. 152B.Costs recovery: appeals

        11. 152C.Costs: interest and recovery

        12. 153.Qualifications regulatory framework

      8. Other

        1. 154.Review of qualifications to which Part applies

        2. 155.Review of system for allocating values to qualifications

        3. 156.Co-operation and joint working

        4. 157.Power to provide information to qualifications regulators

      9. General

        1. 158.Interpretation of Chapter

    3. Chapter 3 Functions in relation to assessment arrangements

      1. Development etc. of regulated assessment arrangements

        1. 159.NC assessment arrangements: duty to consult Ofqual etc.

        2. 160.EYFS assessment arrangements: duty to consult Ofqual etc.

      2. Review etc. of regulated assessment arrangements

        1. 161.Review of regulated assessment arrangements

        2. 162.Powers to require information

        3. 163.Duty to notify significant failings

      3. Regulatory frameworks

        1. 164.NC assessments regulatory framework

        2. 165.EYFS assessments regulatory framework

      4. General

        1. 166.Interpretation of Chapter

    4. Chapter 4 Other functions

      1. 167.Provision of services

      2. 168.Provision of information or advice

      3. 169.Research and development

      4. 170.Duty not to impose or maintain unnecessary burdens

      5. 171.Annual and other reports

    5. Chapter 5 General

      1. 172.Interpretation of Part

      2. 173.Transfer schemes

      3. 174.Minor and consequential amendments

  10. Part 8 The Qualifications and Curriculum Development Agency

    1. Chapter 1 The QCDA, objective and general duties

      1. The QCDA

        1. 175.The Qualifications and Curriculum Development Agency

      2. Objective and general duties

        1. 176.Objective

        2. 177.General duties

    2. Chapter 2 Functions in relation to qualifications

      1. 178.Qualifications within the QCDA's remit

      2. 179.Qualifications: general functions

      3. 180.Assistance etc. in relation to qualifications functions of Ofqual

    3. Chapter 3 Functions in relation to curriculum, Early Years Foundation Stage and assessment

      1. 181.Curriculum

      2. 182.Early learning goals and educational programmes

      3. 183.Assessment arrangements

    4. Chapter 4 Other functions and supplementary provision

      1. Other functions

        1. 184.Provision of services or other assistance

        2. 185.Provision of information or advice

        3. 186.Ancillary activities

        4. 187.Co-operation and joint working

        5. 188.Power to confer supplementary functions on the QCDA

      2. Supplementary provision

        1. 189.Directions etc. by the Secretary of State

        2. 190.Guidance by the Secretary of State

    5. Chapter 5 General

      1. 191.Interpretation of Part

      2. 192.Minor and consequential amendments

  11. Part 9 Children's services

    1. Co-operation to improve well-being of children

      1. 193.Arrangements to promote co-operation

      2. 194.Children's Trust Boards

    2. Safeguarding and promoting the welfare of children

      1. 195.Targets for safeguarding and promoting the welfare of children

      2. 196.Local Safeguarding Children Boards: lay members

      3. 197.Local Safeguarding Children Boards: annual reports

    3. Children's centres

      1. 198.Arrangements for children's centres

      2. 199.Inspection of children's centres

      3. 200.Children's centres: safeguarding children

    4. Arrangements in respect of early childhood services

      1. 201.Arrangements in respect of early childhood services

    5. Early years provision: budgetary framework

      1. 202.Free of charge early years provision: budgetary framework: England

  12. Part 10 Schools

    1. Chapter 1 Schools causing concern

      1. Schools causing concern: England

        1. 203.Powers in relation to schools causing concern: England

        2. 204.Power to require local authorities in England to obtain advisory services

      2. Schools causing concern: Wales

        1. 205.Powers in relation to schools causing concern: Wales

    2. Chapter 2 Complaints: England

      1. 206.Complaints to which this Chapter applies

      2. 207.Power of Local Commissioner to investigate complaint

      3. 208.Time-limit etc for making complaint

      4. 209.Procedure in respect of investigations

      5. 210.Investigations: further provisions

      6. 211.Statements about investigations

      7. 212.Adverse findings notices

      8. 213.Publication of statements etc. by Local Commissioner

      9. 214.Disclosure of information

      10. 215.Permitted disclosures of information by Local Commissioner

      11. 216.Law of defamation

      12. 217.Consultation with Parliamentary Commissioner for Administration

      13. 218.Arrangements etc. to be made by Commission

      14. 219.Annual reports

      15. 220.Secretary of State's power of direction

      16. 221.Disapplication of certain powers of Secretary of State

      17. 222.Power to amend meaning of “qualifying school”

      18. 223.Amendments consequential on Chapter 2

      19. 224.Interpretation of Chapter 2

    3. Chapter 3 Inspections

      1. 225.Interim statements

      2. 226.Powers of persons providing administrative support in connection with inspections

    4. Chapter 4 School Support Staff Pay and Conditions: England

      1. The SSSNB

        1. 227.The School Support Staff Negotiating Body

        2. 228.Matters within SSSNB's remit

      2. Consideration of matter by SSSNB

        1. 229.Referral of matter to SSSNB for consideration

        2. 230.Consideration of other matters by SSSNB

      3. Powers of Secretary of State on submission of SSSNB agreement

        1. 231.Agreement submitted by SSSNB under section 229 or 230

      4. Reconsideration by SSSNB

        1. 232.Reconsideration of agreement by SSSNB

        2. 233.SSSNB's submission of agreement following reconsideration: powers of Secretary of State

      5. Powers of Secretary of State in absence of SSSNB agreement

        1. 234.Powers of Secretary of State in absence of SSSNB agreement

      6. Orders

        1. 235.Effect of order ratifying SSSNB agreement

        2. 236.Effect of order making provision otherwise than in terms of SSSNB agreement

        3. 237.Orders: supplementary

      7. Guidance

        1. 238.Guidance

      8. General

        1. 239.Non-statutory School Support Staff Negotiating Body

        2. 240.“School support staff”

        3. 241.General interpretation

  13. Part 11 Learners

    1. Power to search for prohibited items

      1. 242.Power of members of staff to search pupils for prohibited items: England

      2. 243.Power of members of staff to search pupils for weapons: Wales

      3. 244.Power of members of staff to search students for prohibited items: England

      4. 245.Power of members of staff to search students for weapons: Wales

    2. Recording and reporting use of force

      1. 246.Recording and reporting the use of force in schools: England

      2. 247.Recording and reporting the use of force in FE institutions: England

    3. School behaviour and attendance partnerships

      1. 248.Co-operation with a view to promoting good behaviour, etc.: England

    4. Pupil referral units

      1. 249.Regulations about pupil referral units

  14. Part 12 Miscellaneous

    1. Careers education

      1. 250.Careers education in schools: England

    2. Information about local authority expenditure

      1. 251.Information about planned and actual expenditure

      2. 252.Information about expenditure: supplementary

      3. 253.Information about expenditure: consequential amendments

    3. Qualifications

      1. 253A.Qualifications

    4. Support for participation in education and training

      1. 254.Provision of social security information for purposes of functions under Education and Skills Act 2008

      2. 255.Provision of other information in connection with support services

    5. Further education corporations

      1. 256.Further education corporations in England: co-operation and promotion of well-being

    6. Student loans

      1. 257.Student loans under the 1998 Act: IVAs

      2. 258.Student loans under the 1990 Act: IVAs and bankruptcy

    7. Foundation degrees: Wales

      1. 259.Power to award foundation degrees: Wales

    8. Complaints: Wales

      1. 260.Complaints: Wales

    9. Local Government Act 1974

      1. 261.Local Government Act 1974: minor amendment

  15. Part 13 General

    1. 262.Orders and regulations

    2. 263.Directions

    3. 264.General interpretation of Act

    4. 265.Power to make consequential and transitional provision etc.

    5. 266.Repeals and revocations

    6. 267.Financial provisions

    7. 268.Extent

    8. 269.Commencement

    9. 270.Short title

  16. Schedules

    1. Schedule A1

      The Institute for Apprenticeships

      1. Status

        1. 1.The IfA is to perform its functions on behalf of...

      2. Membership

        1. 2.(1) The IfA is to consist of—

      3. Tenure of non-executive members

        1. 3.(1) The non-executive members hold and vacate office in accordance...

      4. Remuneration of non-executive members

        1. 4.(1) The IfA must, if the Secretary of State requires...

      5. Chief executive and other staff

        1. 5.(1) The first chief executive is to be appointed by...

      6. Arrangements with Secretary of State

        1. 6.The Secretary of State and the IfA may enter into...

      7. Committees

        1. 7.(1) The IfA may establish committees, and any committee established...

      8. Procedure

        1. 8.(1) The IfA may regulate— (a) its own proceedings (including...

      9. Exercise of functions

        1. 9.(1) Subject to sub-paragraphs (2) and (3), the IfA may...

      10. Supplementary powers

        1. 10.(1) The IfA may— (a) provide information or advice to...

      11. Accounts and reports

        1. 11.(1) The IfA must— (a) keep proper accounts and proper...

      12. Application of seal and proof of documents

        1. 12.(1) The application of the IfA's seal must be authenticated...

      13. Funding

        1. 13.(1) The Secretary of State may make grants to the...

    2. Schedule 1

      Employee study and training: minor and consequential amendments

      1. Employment Rights Act 1996 (c. 18)

        1. 1.The Employment Rights Act 1996 is amended as follows.

        2. 2.In section 48 (right to present complaint of detriment to...

        3. 3.In section 105 (unfair dismissal: redundancy), after subsection (7BA) insert—...

        4. 4.In section 108(3) (exceptions to one year qualifying period of...

        5. 5.In section 194 (House of Lords staff), in subsection (2)(e)...

        6. 6.In section 195 (House of Commons staff), in subsection (2)(e)...

        7. 7.In section 199 (mariners)— (a) in subsection (2), after “47E,”...

        8. 8.In section 225 (how to calculate a week's pay in...

        9. 9.In section 227(1) (maximum amount of week's pay) before paragraph...

        10. 10.In section 235(1) (other definitions) at the appropriate place insert—...

        11. 11.In section 236(3) (orders and regulations subject to affirmative Parliamentary...

      2. Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52)

        1. 12.The Trade Union and Labour Relations (Consolidation) Act 1992 is...

        2. 13.In section 212A (arbitration scheme for unfair dismissal cases etc.),...

        3. 14.In section 237(1A)(a) (cases where employee may complain of unfair...

        4. 15.In section 238(2A)(a) (cases where employment tribunal to determine whether...

      3. Employment Tribunals Act 1996 (c. 17)

        1. 16.In section 18 of the Employment Tribunals Act 1996 (conciliation),...

    3. Schedule 2

      Local authority functions: minor and consequential amendments

      1. Education Act 1996 (c. 56)

        1. 1.The Education Act 1996 is amended as follows.

        2. 2.(1) Section 13 (general responsibility for education) is amended as...

        3. 3.For section 13A substitute— Duty to promote high standards and...

        4. 4.(1) Section 15A (functions in respect of full-time education for...

        5. 5.In section 15B (functions in respect of education for persons...

        6. 6.(1) Section 312 (meaning of “special educational needs”, “learning difficulty”...

        7. 7.In section 496 (power of Secretary of State to prevent...

        8. 8.In section 497 (general default powers of Secretary of State)...

        9. 9.In section 497A (power of Secretary of State to secure...

        10. 10.(1) In the title of section 509AA, for “Provision” substitute...

        11. 11.After section 569 insert— Regulations made by Welsh Ministers under...

        12. 12.In section 579(1) (general interpretation)— (a) in the definition of...

        13. 13.In section 580 (index) insert the following entries at the...

      2. Education Act 2002 (c. 32)

        1. 14.In section 207(2) of the Education Act 2002 (recoupment: adjustment...

    4. Schedule 3

      The Young People's Learning Agency for England

      1. Status

        1. 1.. . . . . . . . . ....

      2. Membership

        1. 2.. . . . . . . . . ....

      3. Tenure

        1. 3.. . . . . . . . . ....

      4. Remuneration etc. of members

        1. 4.. . . . . . . . . ....

      5. Staff

        1. 5.. . . . . . . . . ....

        2. 6.. . . . . . . . . ....

      6. Committees

        1. 7.. . . . . . . . . ....

        2. 8.. . . . . . . . . ....

      7. Procedure etc.

        1. 9.. . . . . . . . . ....

        2. 10.. . . . . . . . . ....

      8. Delegation

        1. 11.. . . . . . . . . ....

        2. 12.. . . . . . . . . ....

      9. Plans

        1. 13.. . . . . . . . . ....

      10. Reports

        1. 14.. . . . . . . . . ....

      11. Accounts

        1. 15.. . . . . . . . . ....

      12. Documents

        1. 16.. . . . . . . . . ....

        2. 17.. . . . . . . . . ....

      13. Funding

        1. 18.. . . . . . . . . ....

      14. Supplementary powers

        1. 19.. . . . . . . . . ....

      15. Parliamentary Commissioner Act 1967 (c. 13)

        1. 20.. . . . . . . . . ....

      16. House of Commons Disqualification Act 1975 (c. 24)

        1. 21.. . . . . . . . . ....

      17. Superannuation Act 1972 (c. 11)

        1. 22.. . . . . . . . . ....

    5. Schedule 4

      The Chief Executive of Skills Funding

      1. ...

        1. . . . . . . . . . ....

      2. . . . . . . . . . ....

      3. . . . . . . . . . ....

      4. . . . . . . . . . ....

      5. . . . . . . . . . ....

      6. . . . . . . . . . ....

      7. . . . . . . . . . ....

      8. . . . . . . . . . ....

      9. . . . . . . . . . ....

      10. . . . . . . . . . ....

      11. . . . . . . . . . ....

    6. Schedule 5

      Learning aims for persons aged 19 or over

      1. Part 1 Qualifications to which Schedule applies

        1. 1.This paragraph applies to the following qualifications—

        2. 2.This paragraph applies to a specified qualification at level 3....

      2. Part 2 Power to specify

        1. Power to specify

          1. 3.(1) In paragraphs 1 and 2, a reference to a...

        2. Power to specify qualification in literacy

          1. 4.The level of attainment in literacy demonstrated by a specified...

        3. Power to specify qualification in numeracy

          1. 5.The level of attainment in numeracy demonstrated by a specified...

        4. Power to specify qualification in information technology

          1. 5A.The level of attainment demonstrated by a specified qualification in...

        5. Level 2

          1. 6.Level 2 is the level of attainment (in terms of...

        6. Level 3

          1. 7.Level 3 is the level of attainment (in terms of...

        7. Advice and information

          1. 8.In forming an opinion for the purposes of this Schedule,...

        8. Power to amend

          1. 9.(1) The Secretary of State may by order amend this...

    7. Schedule 6

      Dissolution of the Learning and Skills Council for England: minor and consequential amendments

      1. Race Relations Act 1976 (c. 74)

        1. 1.In Part 2 of Schedule 1A to the Race Relations...

      2. Further and Higher Education Act 1992 (c. 13)

        1. 2.The Further and Higher Education Act 1992 is amended as...

        2. 3.(1) Section 19 (supplementary powers of a further education corporation)...

        3. 4.In section 29(7A) (government and conduct of designated institutions)—

        4. 5.In section 31(2A) (designated institutions conducted by companies)—

        5. 6.In section 54(1) (duty to give information)—

        6. 7.(1) Section 56A (intervention: England) is amended as follows.

        7. 8.. . . . . . . . . ....

        8. 9.. . . . . . . . . ....

        9. 10.. . . . . . . . . ....

        10. 11.. . . . . . . . . ....

        11. 12.In Schedule 4 (instruments and articles of government for further...

      3. Education Act 1996 (c. 56)

        1. 13.In section 13(2)(a) (general responsibility for education) for “Learning and...

      4. Learning and Skills Act 2000 (c. 21)

        1. 14.The Learning and Skills Act 2000 is amended as follows....

        2. 15.Omit section 1 (the Learning and Skills Council for England)....

        3. 16.Omit section 2 (duties of Learning and Skills Council: education...

        4. 17.Omit section 3 (duties of Learning and Skills Council: education...

        5. 18.Omit section 4 (encouragement of education and training).

        6. 19.Omit sections 4A to 4C (learning aims for persons aged...

        7. 20.Omit section 5 (provision of financial resources).

        8. 21.Omit section 6 (financial resources: conditions).

        9. 22.Omit section 7 (funding of school sixth forms).

        10. 23.Omit section 8 (links between education and training and employment)....

        11. 24.Omit section 9 (assessments and means tests).

        12. 25.Omit section 10 (qualifying accounts and arrangements).

        13. 26.Omit section 11 (further education: governors).

        14. 27.Omit section 11A (support schemes relating to education and training...

        15. 28.Omit section 12 (research and information).

        16. 29.Omit section 13 (persons with learning difficulties).

        17. 30.Omit section 14 (equality of opportunity).

        18. 31.Omit section 14A (consultation).

        19. 32.Omit section 15 (plans).

        20. 33.Omit section 16 (strategy).

        21. 34.Omit section 17 (use of information by Learning and Skills...

        22. 35.Omit section 18 (supplementary functions).

        23. 36.Omit sections 18A to 18C (regional councils).

        24. 37.Omit sections 24A to 24C (strategies for functions of the...

        25. 38.Omit section 25 (directions).

        26. 39.Omit section 26 (committees).

        27. 40.Omit section 27 (grants to Learning and Skills Council).

        28. 41.Omit section 28 (annual report).

        29. 42.Omit section 29 (Council's financial year).

        30. 43.Omit section 97 (external qualifications: persons over 19).

        31. 44.(1) Section 98 (approved qualifications: England) is amended as follows....

        32. 45.(1) Section 99 (approved qualifications: Wales) is amended as follows....

        33. 46.In section 100 (authorised bodies) for “sections 96 and 97...

        34. 47.In section 101 (enforcement: England) in subsection (1)—

        35. 48.In section 102 (enforcement: Wales) in subsection (1)—

        36. 49.(1) Section 113A (restructuring of sixth form education) is amended...

        37. 50.Omit Schedule 1 (the Learning and Skills Council for England)....

        38. 51.Omit Schedule 1A (learning aims for persons aged 19 and...

        39. 52.Omit Schedule 3 (committees (England)).

        40. 53.(1) Schedule 7A (implementation of proposals for restructuring sixth form...

      5. Education Act 2002 (c. 32)

        1. 54.. . . . . . . . . ....

        2. 55.. . . . . . . . . ....

        3. 56.. . . . . . . . . ....

      6. Education Act 2005 (c. 18)

        1. 57.In section 108 of the Education Act 2005 (supply of...

      7. Education and Inspections Act 2006 (c. 40)

        1. 58.The Education and Inspections Act 2006 is amended as follows....

        2. 59.Section 75 (education and training to satisfy entitlements) ceases to...

      8. Further Education and Training Act 2007 (c. 25)

        1. 60.The Further Education and Training Act 2007 is amended as...

        2. 61.Sections 11 to 13 (provision by Learning and Skills Council...

        3. 62.Sections 14 to 16 (transfer of functions of Secretary of...

    8. Schedule 7

      Learning and Skills Council for England: transfer schemes

      1. Staff transfer schemes

        1. 1.The Secretary of State may make a scheme (a “staff...

        2. 2.(1) This paragraph applies where a staff transfer scheme provides...

        3. 3.(1) This paragraph applies where a staff transfer scheme provides...

        4. 4.A staff transfer scheme may provide for the transfer of...

      2. Property transfer schemes

        1. 5.(1) The Secretary of State may make a scheme (a...

      3. Continuity

        1. 6.A transfer by virtue of a staff transfer scheme or...

      4. Supplementary provision etc.

        1. 7.A staff transfer scheme or a property transfer scheme may...

      5. Interpretation

        1. 8.In this Schedule— “designated”, in relation to a staff transfer...

    9. Schedule 8

      Sixth form college sector

      1. 1.The Further and Higher Education Act 1992 (c. 13) is...

      2. 2.In section 17(1) (meaning of “further education corporation”) after “by...

      3. 3.After section 33 insert— Sixth form college corporations: England Initial...

      4. 4.In section 34(1) (making additional property available for use) after...

      5. 5.In section 52A(1) (duty to safeguard pupils receiving secondary education)...

      6. 6.In section 56A(1) (intervention: England) after “institution in England within...

      7. 7.. . . . . . . . . ....

      8. 8.After section 56D (inserted by Schedule 6) insert— Intervention by...

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

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

      11. 11.(1) Section 89 (orders, regulations and directions) is amended as...

      12. 12.(1) Section 90(1) (interpretation) is amended as follows.

      13. 13.(1) Section 91 (interpretation of Education Acts) is amended as...

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

      15. 15.(1) Schedule 4 (instruments and articles of government for further...

    10. Schedule 9

      The Office of Qualifications and Examinations Regulation

      1. Status

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

      2. Membership

        1. 2.(1) Ofqual is to consist of— (za) a member appointed...

      3. The Chief Regulator

        1. 3.(1) The Chief Regulator holds and vacates office in accordance...

      4. The chair

        1. 3A.(1) The chair holds and vacates office in accordance with...

      5. The deputy and other ordinary members: tenure

        1. 4.(1) The deputy and other ordinary members hold and vacate...

      6. Remuneration etc. of members

        1. 5.(1) Ofqual must, if the Secretary of State requires it...

      7. Staff

        1. 6.The Office of Qualifications and Examinations Regulation

      8. Committees

        1. 7.(1) Ofqual may establish committees, and any committee established by...

        2. 8.(1) Ofqual and any other person may establish a committee...

      9. Procedure etc.

        1. 9.(1) Ofqual may regulate— (a) its own proceedings (including quorum),...

      10. Delegation

        1. 10.(1) Ofqual may delegate any of its functions to—

        2. 11.(1) A committee established by Ofqual or a joint committee...

      11. Documents

        1. 12.The application of Ofqual's seal is authenticated by the signatures...

        2. 13.The Documentary Evidence Act 1868 (c. 37) has effect in...

      12. Supplementary powers

        1. 14.(1) Ofqual may do anything that it considers necessary or...

    11. Schedule 10

      QCA: transfer schemes

      1. Staff transfer schemes

        1. 1.: transfer schemes

      2. Property transfer schemes

        1. 2.: transfer schemes

      3. Continuity

        1. 3.: transfer schemes

      4. Supplementary provision etc.

        1. 4.: transfer schemes

      5. Interpretation

        1. 5.: transfer schemes

    12. Schedule 11

      The Qualifications and Curriculum Development Agency

      1. Status

        1. 1.The Qualifications and Curriculum Development Agency

      2. Membership

        1. 2.The Qualifications and Curriculum Development Agency

      3. Chief officer

        1. 3.The Qualifications and Curriculum Development Agency

      4. Chair and chief officer: division of functions

        1. 4.The Qualifications and Curriculum Development Agency

      5. Tenure

        1. 5.The Qualifications and Curriculum Development Agency

      6. Remuneration etc. of ordinary members

        1. 6.The Qualifications and Curriculum Development Agency

      7. Staff

        1. 7.The Qualifications and Curriculum Development Agency

        2. 8.The Qualifications and Curriculum Development Agency

      8. Committees

        1. 9.The Qualifications and Curriculum Development Agency

        2. 10.The Qualifications and Curriculum Development Agency

      9. Procedure etc.

        1. 11.The Qualifications and Curriculum Development Agency

        2. 12.The Qualifications and Curriculum Development Agency

      10. Delegation

        1. 13.The Qualifications and Curriculum Development Agency

        2. 14.The Qualifications and Curriculum Development Agency

        3. 15.The Qualifications and Curriculum Development Agency

      11. Reports

        1. 16.The Qualifications and Curriculum Development Agency

      12. Accounts

        1. 17.The Qualifications and Curriculum Development Agency

      13. Documents

        1. 18.The Qualifications and Curriculum Development Agency

        2. 19.The Qualifications and Curriculum Development Agency

      14. Funding

        1. 20.The Qualifications and Curriculum Development Agency

      15. Supplementary powers

        1. 21.The Qualifications and Curriculum Development Agency

    13. Schedule 12

      Ofqual and the QCDA: minor and consequential amendments

      1. Public Records Act 1958 (c. 51)

        1. 1.. . . . . . . . . ....

      2. Parliamentary Commissioner Act 1967 (c. 13)

        1. 2.(1) Schedule 2 to the Parliamentary Commissioner Act 1967 (departments...

      3. Local Authorities (Goods and Services) Act 1970 (c. 39)

        1. 3.. . . . . . . . . ....

      4. Superannuation Act 1972 (c. 11)

        1. 4.. . . . . . . . . ....

      5. House of Commons Disqualification Act 1975 (c. 24)

        1. 5.(1) Part 3 of Schedule 1 to the House of...

      6. Northern Ireland Assembly Disqualification Act 1975 (c. 25)

        1. 6.In Part 3 of Schedule 1 to the Northern Ireland...

      7. Race Relations Act 1976 (c. 74)

        1. 7.. . . . . . . . . ....

      8. Charities Act 1993 (c. 10)

        1. 8.In Schedule 2 to the Charities Act 1993 (exempt charities)...

      9. Education Act 1996 (c. 56)

        1. 9.The Education Act 1996 is amended as follows.

        2. 10.. . . . . . . . . ....

        3. 11.(1) Section 408 (provision of information) is amended as follows....

      10. Education Act 1997 (c. 44)

        1. 12.The Education Act 1997 is amended as follows.

        2. 13.Sections 21 to 26A (the Qualifications and Curriculum Authority) cease...

        3. 14.In section 29 (functions of the Welsh Ministers in relation...

        4. 15.(1) Section 30 (functions of the Welsh Ministers in relation...

        5. 16.(1) Section 32 (supplementary provisions relating to discharge by the...

        6. 17.After section 32 insert— Qualifications functions of Welsh Ministers: co-operation...

        7. 18.(1) Section 32A (power of the Welsh Ministers to give...

        8. 19.After section 32A insert— Power of Welsh Ministers to withdraw...

        9. 20.. . . . . . . . . ....

        10. 21.Section 36 (levy on bodies awarding qualifications accredited by relevant...

        11. 22.In section 54(1) (orders and regulations) omit “, except an...

        12. 23.In section 58(6) (short title, commencement and extent etc)—

        13. 24.Schedule 4 (the Qualifications and Curriculum Authority) ceases to have...

        14. 25.In Schedule 7 (minor and consequential amendments) omit paragraph 2....

      11. Learning and Skills Act 2000 (c. 21)

        1. 26.The Learning and Skills Act 2000 is amended as follows....

        2. 27.(1) Section 96 (external qualifications: persons under 19) is amended...

        3. 28.(1) Section 98 (approved qualifications: England) is amended as follows....

        4. 29.(1) In section 99 (approved qualifications: Wales) is amended as...

      12. Freedom of Information Act 2000 (c. 36)

        1. 30.. . . . . . . . . ....

      13. Education Act 2002 (c. 32)

        1. 31.The Education Act 2002 is amended as follows.

        2. 32.(1) Section 76 (interpretation of Part 6) is amended as...

        3. 33.. . . . . . . . . ....

        4. 34.. . . . . . . . . ....

        5. 35.(1) Section 87 (establishment of the National Curriculum for England...

        6. 36.(1) Section 90 (development work and experiments) is amended as...

        7. 37.(1) Section 96 (procedure for making certain orders and regulations)...

      14. Childcare Act 2006 (c. 21)

        1. 38.The Childcare Act 2006 is amended as follows.

        2. 39.(1) Section 41 (the learning and development requirements) is amended...

        3. 40.(1) Section 42 (further provisions about assessment arrangements) is amended...

        4. 41.In section 44(1) (instruments specifying learning and development or welfare...

        5. 42.In section 46 (power to enable exemptions from learning and...

      15. Safeguarding Vulnerable Groups Act 2006 (c. 47)

        1. 43.. . . . . . . . . ....

    14. Schedule 13

      Powers in relation to schools causing concern: England

      1. 1.Part 4 of the Education and Inspections Act 2006 (c....

      2. 2.(1) Section 59(2) (meaning of schools being “eligible for intervention”)...

      3. 3.For the title of section 60 substitute “ Performance standards...

      4. 4.After section 60 insert— Teachers' pay and conditions warning notice...

      5. 5.(1) Section 63 (power of local authority to require governing...

      6. 6.(1) Section 64 (power of local authority etc to appoint...

      7. 7.In section 66(2) (power of local authority to suspend right...

      8. 8.In section 67(1) (power of Secretary of State to appoint...

      9. 9.In section 69(1) (power of Secretary of State to provide...

      10. 10.After section 69 insert— Power of Secretary of State to...

      11. 11.. . . . . . . . . ....

    15. Schedule 14

      Powers in relation to schools causing concern: Wales

      1. 1.. . . . . . . . . ....

      2. 2.. . . . . . . . . ....

      3. 3.. . . . . . . . . ....

      4. 4.. . . . . . . . . ....

      5. 5.. . . . . . . . . ....

      6. 6.. . . . . . . . . ....

    16. Schedule 15

      The School Support Staff Negotiating Body

      1. Constitution

        1. 1.. . . . . . . . . ....

      2. Membership

        1. 2.. . . . . . . . . ....

      3. Proceedings

        1. 3.. . . . . . . . . ....

      4. Administrative support

        1. 4.. . . . . . . . . ....

      5. Annual reports

        1. 5.. . . . . . . . . ....

      6. Fees and expenses

        1. 6.. . . . . . . . . ....

      7. House of Commons disqualification

        1. 7.. . . . . . . . . ....

      8. Interpretation

        1. 8.. . . . . . . . . ....

    17. Schedule 16

      Repeals and revocations

      1. Part 1 Local authority functions

      2. Part 2 Dissolution of the LSC

      3. Part 3 Sixth form college sector

      4. Part 4 Ofqual and the QCDA

      5. Part 5 Co-operation to improve well-being of children

      6. Part 6 Schools causing concern

      7. Part 7 Complaints

        1. . . . . . . . . . ....

      8. Part 8 School inspections

      9. Part 9 Information about local authority expenditure

      10. Part 10 Support for participation in education and training

      11. Part 11 Foundation degrees: Wales

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