Other miscellaneous provisionsU.K.
137 Recreation and social and physical training.E+W
(1)Section 508 of the M1Education Act 1996 (local education authorities: recreation and social and physical training) shall be amended as follows.
(2)In subsection (1) for “secondary and further education” substitute “ and secondary education ”.
(3)After subsection (1) insert—
“(1A)A [F1local authority] may provide facilities for recreation and social and physical training as part of the facilities for further education provided (whether or not by them) for their area.”
(4)In subsection (2) for “For that purpose” substitute “ For the purpose of subsection (1) or (1A) ”.
Textual Amendments
F1Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 46(2)
Marginal Citations
138 Wales: provision of information by public bodies.E+W
(1)For the purpose of the provision in Wales of services mentioned in subsection (2), any of the persons or bodies mentioned in subsection (3) may supply information about a young person—
(a)to a local authority;
(b)to any other person or body involved in the provision of the services.
(2)The services are—
(a)services provided in pursuance of section 123 of this Act,
(b)services provided in pursuance of any of sections 2, 8, 9 and 10 of the M2Employment and Training Act 1973 (training and careers services), and
(c)services wholly or partly funded in pursuance of section 12 of the M3Industrial Development Act 1982 (careers in industry).
(3)The persons and bodies are—
(a)a local authority,
F2(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F3(ba)a Local Health Board,]
(c)the [F4National Assembly for Wales],
(d)a chief officer of police,
(e)a probation committee,
[F5(ea)a probation trust,
(eb)a provider of probation services (other than a probation trust or the Secretary of State), in carrying out its statutory functions or activities of a public nature in pursuance of arrangements made under section 3 of the Offender Management Act 2007,] and
(f)a youth offending team.
Textual Amendments
F2S. 138(3)(b) omitted (1.4.2007) by virtue of References to Health Authorities Order 2007 (S.I. 2007/961), art. 1(1), Sch. para. 31(4)
F3S. 138(3)(ba) inserted (10.10.2002 for W., 1.3.2007 for E. immediately before the National Health Service Act 2006 comes into force) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 6(2), 42(3), Sch. 5 para. 47; S.I. 2002/2532, art. 2, Sch.; S.I. 2006/1407, art. 1(1), Sch. 1 para. 12 (with art. 4)
F4Words in s. 138(3) substituted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 76 (with art. 7)
F5S. 138(3)(ea)(eb) inserted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), art. 1, Sch. 1 para. 16(5)
Commencement Information
I1S. 138 partly in force; s. 138 not in force at Royal Assent see s. 154; s. 138 in force for W. at 1.4.2001 by S.I. 2001/1274, art. 2, Sch. Pt. I
Marginal Citations
139 Induction periods for teachers.E+W
(1)Section 19 of the M4Teaching and Higher Education Act 1998 (requirement to serve induction period) shall be amended as follows.
(2)In subsection (1) after paragraph (b) insert—
“or
(c)in such circumstances as may be prescribed, a further education institution (or a further education institution of a prescribed description).”
(3)In subsection (2)—
(a)in paragraph (f) omit “employed as a teacher at a school”, and
(b)in paragraph (k) after “schools” insert “ or to further education institutions ”.
(4)In subsection (6), for “subsection (2)” substitute “ subsections (2) and (6A) ”.
(5)After subsection (6) insert—
“(6A)Regulations under subsection (1)(c) may, in particular—
(a)provide that an induction period may not be begun without approval of the appropriate body for the serving of that induction period;
(b)provide for approval to be general or specific;
(c)make provision (including transitional provision) about the withdrawal of approval;
(d)impose conditions or limitations on the appropriate body’s power to give or withhold approval.”
(6)In subsection (10) after paragraph (c) insert—
“(d)“a further education institution” means an institution within the further education sector.”
(7)After subsection (10) insert—
“(11)In the application of this section to a further education institution—
(a)a reference to a school term shall be taken as a reference to a term of the institution;
(b)a reference to the head teacher of a school shall be taken as a reference to the principal of the institution.
(12)Sections 496 and 497 of the Education Act 1996 shall have effect as if—
(a)the duties and powers referred to in those sections included duties imposed and powers conferred by virtue of this section, and
(b)in relation to those duties and powers, the bodies to which those sections apply included the governing body of a relevant school, the governing body (within the meaning given by section 90(1) of the Further and Higher Education Act 1992) of a further education institution and an appropriate body for the purposes of subsection (2).”
Commencement Information
I2S. 139 wholly in force at 1.1.2001; s. 139 not in force at Royal Assent see s. 154; s. 139 in force at 3.8.2000 (in so far as it relates to England, except in so far as it inserts subsection (12) into section 19 of the Teaching and Higher Education Act 1998) by S.I. 2000/2114, art. 2, Sch. Pt. I; s. 139 in force (E.) at 1.10.2000 for specified purposes by S.I. 2000/2559, art. 2, Sch. Pt. I; s. 139 in force (W.) at 1.1.2001 by S.I. 2000/3230, art. 2, Sch.
Marginal Citations
F6139AAssessments relating to learning difficulties: EnglandU.K.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F6S. 139A repealed (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 74; S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)
F7139BAssessments under section 139A: interpretationU.K.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F7S. 139B repealed (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 74; S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)
F8139CAssessments under section 139A: persons educated at homeU.K.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F8S. 139C repealed (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 74; S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)
[F10140[F9Assessments relating to learning difficulties: Wales]E+W
(1)Subsection (2) applies if—
(a)a [F1local authority] [F11in Wales] maintains a statement of special educational needs for a person under section 324 of the Education Act 1996, and
(b)the [F12Welsh Ministers believe] that the person will leave school at the end of his last year of compulsory schooling to receive post-16 education or training (within the meaning of [F13Part 2] of this Act) or higher education (within the meaning of the M5Education Reform Act 1988).
(2)[F14The Welsh Ministers ] must arrange for an assessment of the person to be conducted at some time during the person’s last year of compulsory schooling.
(3)[F15The Welsh Ministers] may at any time arrange for an assessment to be conducted of a person—
(a)who is in his last year of compulsory schooling or who is over compulsory school age but has not attained the age of 25,
(b)who appears [F16to the Welsh Ministers] to have a learning difficulty (within the meaning of section 13), and
(c)who is receiving, or in the [F17opinion of the Welsh Ministers ] is likely to receive, post-16 education or training (within the meaning of [F17 Part 2 ] of this Act) or higher education (within the meaning of the M6Education Reform Act 1988).
(4)For the purposes of this section an assessment of a person is an assessment resulting in a written report of—
(a)his educational and training needs, and
(b)the provision required to meet them.
(5)A [F1local authority] [F18 in Wales] must send a copy of a statement maintained by it under section 324 of the M7Education Act 1996 to the [F19Welsh Ministers on their request].
[F20(5A)“Local authority in Wales” has the same meaning as in the Education Act 1996 (see section 579(1) of that Act).]
F21(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]
Textual Amendments
F1Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 46(2)
F9S. 140 heading substituted (26.11.2008) by Education and Skills Act 2008 (c. 25), s. 173(1)(g), Sch. 1 para. 77
F10S. 140 omitted (1.9.2021 for specified purposes, 1.1.2022 for specified purposes, 1.9.2022 for specified purposes) by virtue of Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), ss. 50(5), 100(3); S.I. 2021/373, arts. 3, 4, 6, 7 (as amended by S.I. 2021/938, art. 2); S.I. 2021/1243, art. 3 (with arts. 4-23) (as amended by S.I. 2021/1428, art. 2); S.I. 2021/1244, art. 3 (with arts. 4-21) (as amended by S.I. 2021/1428, art. 3); S.I. 2021/1245, arts. 3, 4 (with art. 1(4)); S.I. 2022/891, art. 3 (with arts. 4-25); S.I. 2022/892, arts. 2, 3 (with arts. 4-18); S.I. 2022/893, art. 4; S.I. 2022/894, art. 3; S.I. 2022/895, arts. 3, 4; S.I. 2022/896, art. 3 (with arts. 1(7), 4-22); S.I. 2022/897, art. 3 (with arts. 1(8), 4-21); S.I. 2022/898, arts. 2, 3
F11Words in s. 140(1)(a) inserted (26.11.2008) by Education and Skills Act 2008 (c. 25), s. 173(1)(g), Sch. 1 para. 77(a)
F12Words in s. 140(1)(b) substituted (26.11.2008) by Education and Skills Act 2008 (c. 25), s. 173(1)(g), Sch. 1 para. 77(b)
F13Words in s. 140(1)(b) substituted (26.11.2008) by Education and Skills Act 2008 (c. 25), s. 173(1)(g), Sch. 1 para. 77(b)
F14Words in s. 140(2) substituted (26.11.2008) by Education and Skills Act 2008 (c. 25), s. 173(1)(g), Sch. 1 para. 77(c)
F15Words in s. 140(3) substituted (26.11.2008) by Education and Skills Act 2008 (c. 25), s. 173(1)(g), Sch. 1 para. 77(c)
F16Words in s. 140(3)(b) substituted (26.11.2008) by Education and Skills Act 2008 (c. 25), s. 173(1)(g), Sch. 1 para. 77(d)
F17Words in s. 140(3)(c) substituted (26.11.2008) by Education and Skills Act 2008 (c. 25), s. 173(1)(g), Sch. 1 para. 77(e)
F18Words in s. 140(5) inserted (26.11.2008) by Education and Skills Act 2008 (c. 25), s. 173(1)(g), Sch. 1 para. 77(f)
F19Words in s. 140(5) substituted (26.11.2008) by Education and Skills Act 2008 (c. 25), s. 173(1)(g), Sch. 1 para. 77(f)
F20S. 140(5A) inserted (5.5.2010) by The Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 46(11)
F21S. 140(6) repealed (26.11.2008) by Education and Skills Act 2008 (c. 25), s. 173(1)(g), Sch. 1 para. 77(g), 2
Modifications etc. (not altering text)
C1S. 140: power to modify conferred (temp.) (25.3.2020) by Coronavirus Act 2020 (c. 7), s. 87(1), Sch. 17 para. 7 (with ss. 88-90) (which affecting provision is continued by S.I. 2022/348, regs. 1(2), 2(2)(c)(iv)); and which affecting provision expires (25.9.2022) by virtue of Coronavirus Act 2020 (c. 7), s. 89)
Commencement Information
I3S. 140 partly in force; s. 140 not in force at Royal Assent see s. 154; s. 140(5) in force for E. at 1.3.2001 by S.I. 2001/654, art. 2, Sch. Pt. I; s. 140(3)(4) in force for E. at 1.4.2001 by S.I. 2001/654, art. 2, Sch. Pt. II; s. 140(3) in force for W. at 1.4.2001 by S.I. 2001/1274, art. 2, Sch. Pt. I; s. 140(4)(5)(6) in force for W. for specified purposes at 1.4.2001 by S.I. 2001/1274, art. 2, Sch. Pt. I; s. 140(1)(2)(4)-(6) wholly in force for W. at 1.4.2002 by S.I. 2001/2705, art. 2, Sch. Pt. I; s. 140(1)(2) in force for E. at 1.4.2002 by S.I. 2002/279, art. 2(2)(b) (with art. 3)
Marginal Citations
141 Training programmes: cessation of funding.E+W
(1)This section applies to a company if—
(a)it has entered into an arrangement with the Secretary of State with a view to receiving payments under section 2(2)(d) of the M8Employment and Training Act 1973 (arrangements in respect of training) in connection with the provision of facilities,
(b)before the passing of this Act the company has received notice from the Secretary of State that he intends to terminate the arrangement mentioned in paragraph (a),
(c)the company’s [F22articles of association] are in a form approved by the Secretary of State generally or specifically for purposes connected with arrangements of the kind described in paragraph (a), and
(d)the company’s [F23articles of association] requires all income and profits to be applied towards the promotion of the company’s objects and not to be distributed to members.
(2)Unless the Secretary of State consents in writing, a company to which this section applies may not after the passing of this Act—
(a)take action of a prescribed kind, or
(b)cause or permit a person to take action of a prescribed kind.
(3)In subsection (2) “prescribed” means prescribed by order of the Secretary of State; and the action which may be prescribed under that subsection includes, in particular—
(a)making a disposal or payment of a prescribed kind or in prescribed circumstances,
(b)incurring expenditure of a prescribed kind or in prescribed circumstances, and
(c)entering into a transaction of a prescribed kind or in prescribed circumstances.
(4)A company to which this section applies shall comply with a written direction from the Secretary of State given after the passing of this Act which requires it to transfer an asset to—
(a)a specified body, or
(b)the Secretary of State.
(5)Before giving a direction to a company under subsection (4) the Secretary of State shall consult the company.
(6)Where a company to which this section applies takes, causes or permits action in contravention of subsection (2) the High Court may on the application of the Secretary of State make any order which seems to it appropriate.
(7)An order under subsection (6) may, in particular—
(a)provide for a contract or other agreement to be of no effect;
(b)vary the terms of a contract or other agreement;
(c)require money to be paid to the Secretary of State by or on behalf of the company to which this section applies;
(d)require money to be paid to the Secretary of State by or on behalf of any other specified person;
(e)require the Secretary of State to pay to a specified person compensation of an amount specified in the order or determined in accordance with the order.
(8)Section 150 shall not apply to this section; but in the application of this section to a company which operates in Wales—
(a)a reference to the Secretary of State in subsection (1)(a) and (b) shall be construed as a reference to the Secretary of State or the National Assembly for Wales,
(b)the functions conferred or imposed on the Secretary of State by subsections (2) to (6) shall be exercisable by the National Assembly, and
(c)a reference in subsections (2) to (7) to the Secretary of State shall be taken as a reference to the National Assembly.
Textual Amendments
F22Words in s. 141(1)(c) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 182(a) (with art. 10)
F23Words in s. 141(1)(d) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 182(b) (with art. 10)
Commencement Information
I4S. 141 wholly in force at 1.1.2001; s. 141 not in force at Royal Assent see s. 154; s. 141 in force (E.) at 10.8.2000 by S.I. 2000/2114, art. 2(2), Sch. Pt. II; s. 141 in force (W.) at 1.1.2001 by S.I. 2000/3230, art. 2, Sch.
Marginal Citations
142 Further and higher education corporations: secondary education.E+W
(1)Section 18 of the M9Further and Higher Education Act 1992 (further education corporation: principal powers) shall be amended as follows—
(a)for subsection (1)(aa) substitute—
“(aa)provide secondary education to persons who would, if they were pupils at a school, be in the fourth key stage,
(ab)provide education which is secondary education by virtue of section 2(2B) of the M10Education Act 1996 (definition of secondary education),
(ac)participate in the provision of secondary education at a school,”,
and
(b)after subsection (1) insert—
“(1A)A further education corporation may not provide education of a kind specified in subsection (1)(aa), (ab) or (ac) above unless they have consulted such local education authorities as they consider appropriate.”
(2)Section 124 of the M11Education Reform Act 1988 (higher education corporation: powers) shall be amended as follows—
(a)after subsection (1)(b) insert—
“(ba)to provide secondary education to persons who would, if they were pupils at a school, be in the fourth key stage,
(bb)to provide education which is secondary education by virtue of section 2(2B) of the Education Act 1996 (definition of secondary education),
(bc)to participate in the provision of secondary education at a school,”,
and
(b)after subsection (1) insert—
“(1A)A higher education corporation may not provide education of a kind specified in subsection (1)(ba) or (bb) above unless they have consulted such local education authorities as they consider appropriate.”
Commencement Information
I5S. 142 wholly in force at 1.4.2001; s. 142 not in force at Royal Assent see s. 154; s. 142 in force for E. at 1.4.2001 by S.I. 2001/654, art. 2, Sch. Pt. II; s. 142 in force for W. at 1.4.2001 by S.I. 2001/1274, art. 2, Sch. Pt. I
Marginal Citations
143 Further education sector: designated institutions.E+W
(1)Section 28 of the M12Further and Higher Education Act 1992 (designation for funding by Further Education Funding Councils) shall be amended as follows—
(a)in subsection (1) for “as eligible to receive support from funds administered by the councils” substitute “ for the purposes of this section ”,
(b)subsection (2)(b) shall cease to have effect, and
(c)after subsection (2)(c) add—
“or
(d)an institution established for the purpose of being principally concerned with the provision of one or both of the kinds of education specified in subsection (1) above.”
(2)The following shall be substituted for section 30 of the M13Further and Higher Education Act 1992 (special provision for voluntary aided sixth form colleges)—
“30 Special provision for certain institutions.
(1)Notwithstanding anything in section 29 of this Act, the instrument of government of a designated institution to which this section applies must provide—
(a)for the governing body of the institution to include persons appointed for the purpose of securing so far as practicable that the established character of the institution at the time of its designation is preserved and developed and, in particular, that the institution is conducted in accordance with any trust deed relating to it, and
(b)for the majority of members of the governing body to be such governors.
(2)This section applies to—
(a)an institution which, when designated, was a voluntary aided school, and
(b)an institution specified, or falling within a class specified, by the Secretary of State by order.
(3)The Secretary of State may specify an institution or a class of institutions only if the institution or each member of the class is principally concerned with the provision of the education specified in section 28(1)(a) above.
(4)The reference in subsection (1)(a) above to the established character of an institution is, in relation to an institution established shortly before or at the same time as being designated, a reference to the character which the institution is intended to have on its establishment.”
(3)Section 32(2A) of the M14Further and Higher Education Act 1992 (transfer of property on designation) shall cease to have effect.
(4)The Secretary of State may make an order providing for the constitution as a body corporate of the governing body of an institution in England which is designated under section 28 of the M15Further and Higher Education Act 1992.
(5)The National Assembly for Wales may make an order providing for the constitution as a body corporate of the governing body of an institution in Wales which is designated under section 28 of the M16Further and Higher Education Act 1992.
(6)An order under subsection (4) or (5) may—
(a)make provision similar to any provision of section 18 or 19 of the M17Further and Higher Education Act 1992 (further education corporation: powers);
(b)make provision for the continuity of the body corporate, including provision for the continuation of anything done under [F24any of sections 29 to 29C] of the M18Further and Higher Education Act 1992 (government and conduct of designated institutions);
(c)make provision expressed to have effect subject to the institution’s instrument or articles of government;
(d)make provision which confers exempt charitable status (for the purposes of the [F25the Charities Act 2011)] and which relates to the governing body or to an institution administered by or established for the purposes of that body;
(e)make provision about the discontinuance of the institution;
(f)make provision about the dissolution of the body corporate (including provision about the treatment of property, rights and liabilities).
(7)Before making an order in relation to an institution under subsection (4) or (5) the Secretary of State or the National Assembly shall consult—
(a)the governing body of the institution, and
(b)the trustees of any trust relating to the institution.
Textual Amendments
F24Words in s. 143(6)(b) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 44(3); S.I. 2012/924, art. 2
F25Words in s. 143(6)(d) substituted (14.3.2012) by Charities Act 2011 (c. 25), s. 355, Sch. 7 para. 88 (with s. 20(2), Sch. 8)
Commencement Information
I6S. 143 wholly in force at 1.4.2001; s. 143 not in force at Royal Assent see s. 154; s. 143(1)(b)(c)(2)(4)(6)(7) in force for E. at 1.10.2000 by S.I. 2000/2559, art. 2(1), Sch. Pt. I; s. 143(1)(a)(3) in force for E. at 1.4.2001 by S.I. 2001/654, art. 2, Sch. Pt. II; s. 143 wholly in force for W. at 1.4.2001 by S.I. 2001/1274, art. 2, Sch. Pt. I
Marginal Citations
144 Designated institutions: disposal of land, &c.E+W
(1)This section applies to land which after the coming into force of this section is transferred to trustees under section 32(3)(b) of the M19Further and Higher Education Act 1992 (transfer of property on designation of institution).
(2)This section also applies to land which—
(a)is held by trustees for the purposes of an institution which became a designated institution after the coming into force of this section, and
(b)was acquired or enhanced in value wholly or partly by means of money paid under section 65 of the M20Education Act 1996 (grants) or paragraph 5 of Schedule 3 to the M21School Standards and Framework Act 1998 (grants).
(3)If trustees dispose of land to which this section applies they shall notify the appropriate[F26authority].
(4)If trustees dispose of land to which this section applies they shall pay to the appropriate [F27authority] so much of the proceeds of disposal as may be determined to be just—
(a)by agreement between the trustees and the [F27authority], or
(b)in default of agreement,
[F28(i)in the case of land in England held for the purposes of a sixth form college, or land in Wales, by an arbitrator to be appointed in default of agreement by the President of the Chartered Institute of Arbitrators;
(ii)in the case of any other land in England, by the Secretary of State.]
[F29(4A)The expense of an arbitrator appointed under subsection (4)(b)(i) is to be borne equally by the trustees and—
(a)in the case of land in England, the Secretary of State;
(b)in the case of land in Wales, the Welsh Ministers.]
(5)In making a determination under subsection (4) regard shall be had, in particular, to—
(a)the value of the land at the date of the determination, and
(b)any enhancement of the land’s value which is attributable to expenditure by the trustees or the governing body of the designated institution.
(6)More than one determination may be made under subsection (4) in relation to a particular disposal where it is just to do so, in particular where the disposal involves the creation of a lease.
(7)If trustees permit land to which this section applies to be used for purposes not connected with the designated institution—
(a)they shall be treated for the purposes of this section as having disposed of the land, and
(b)subsection (4) shall have effect as if the reference to the proceeds of disposal were a reference to the value of the land.
(8)Where a designated institution has ceased to exist—
(a)this section applies to land which satisfied subsection (1) or (2) immediately before the institution ceased to exist, and
(b)in subsection (7) the reference to purposes not connected with the designated institution shall be treated as a reference to purposes not connected with an institution within the further education sector (within the meaning given by section 91(3) of the M22Further and Higher Education Act 1992).
(9)In this section “the appropriate [F30authority]” means—
[F31(a)the [F32Secretary of State] , in respect of land in England held F33...;
F34(aa). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]
(b)the [F35National Assembly for Wales], in respect of land in Wales.
Textual Amendments
F26Word in s. 144(3) substituted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 77(a) (with art. 7)
F27Word in s. 144(4) substituted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 77(b) (with art. 7)
F28S. 144(4)(b)(i)(ii) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 16 para. 15(2); S.I. 2012/924, art. 2
F29S. 144(4A) inserted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 16 para. 15(3); S.I. 2012/924, art. 2
F30Word in s. 144(9) substituted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 77(d)(i) (with art. 7)
F31S. 144(9)(a)(aa) substituted for s. 144(9)(a) (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), art. 1(2)(a), Sch. 1 para. 100 (with art. 2(3))
F32Words in s. 144(9)(a) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 16 para. 15(4); S.I. 2012/924, art. 2
F33Words in s. 144(9)(a) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 45(a)
F34S. 144(9)(aa) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 45(b)
F35Words in s. 144(9)(b) substituted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 77(d)(ii) (with art. 7)
Commencement Information
I7S. 144 wholly in force at 1.4.2001; s. 144 not in force at Royal Assent see s. 154; s. 144 in force for E. at 1.10.2000 by S.I. 2000/2559, art. 2(1), Sch. Pt. I; s. 144 in force for W. at 1.4.2001 by S.I. 2001/1274, art. 2, Sch. Pt. I
Marginal Citations
145 Further education colleges: governors’ liability.E+W
(1)Subsection (2) applies where a member of a body listed in subsection (3) is found liable in civil legal proceedings in respect of something which he did or omitted to do in the course of carrying out his duties as a member of the body.
(2)If—
(a)the member of the body applies to a court for an order under this subsection, and
(b)the court considers that the action or omission which gives rise to the member’s liability was honest and reasonable,
the court may make an order extinguishing, reducing or varying the liability.
(3)The bodies referred to in subsection (1) are—
(a)a further education corporation established by virtue of section 15, 16 or 47 of the M23Further and Higher Education Act 1992,
[F36(aa)a sixth form college corporation as defined in section 90 of that Act,] and
(b)a body corporate established by virtue of section 143(4) or (5) of this Act.
(4)Where a member of a body listed in subsection (3) applies to a court for an order under this subsection, the court may make any order which—
(a)relates to liability in civil legal proceedings which may come to be incurred by the member in respect of a specified course of action, and
(b)is of a kind which the court could have made if the liability had already been incurred.
(5)In subsections (2)(a) and (4) “a court” means the High Court or [F37the county court]; but this subsection is subject to any order under section 1 of the M24Courts and Legal Services Act 1990 (allocation of business between High Court and county courts).
Textual Amendments
F36S. 145(3)(aa) inserted (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), art. 1(2)(a), Sch. 1 para. 101 (with art. 2(3))
F37Words in s. 145(5) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 52; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)
Commencement Information
I8S. 145 wholly in force at 1.1.2001; s. 145 not in force at Royal Assent see s. 154; s. 145 in force (E.) at 1.10.2000 by S.I. 2000/2559, art. 2(1), Sch. Pt. I; s. 145 in force (W.) at 1.1.2001 by S.I. 2000/3230, art. 2, Sch
Marginal Citations
146 Financial support for students.E+W
(1)The M25Teaching and Higher Education Act 1998 shall be amended as follows.
(2)In section 22 (new arrangements for giving financial support to students)—
(a)in subsection (1) for “attending” substitute “ undertaking ”, and
(b)in subsections (2)(h) and (7) omit “attendance on”.
(3)In section 23 (transfer or delegation of functions relating to student support) in subsection (1)(b)—
(a)for “at” substitute “ with ”, and
(b)for “attending” substitute “ undertaking ”.
(4)In section 26 (imposition of conditions as to fees at further or higher education institutions) in subsections (4), (5) and (10)(b) for “attending” (in each place) substitute “ undertaking ”.
(5)In section 28(1) (interpretation) in the definition of “fees” for “attendance on” (in each place) substitute “ undertaking ”.
Marginal Citations
147 Financial support for students: Northern Ireland.N.I.
(1)The M26Education (Student Support) (Northern Ireland) Order 1998 shall be amended as follows.
F38(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)In Article 3 (new arrangements for giving financial support to students)—
(a)in paragraph (1) for “attending” substitute “ undertaking ”;
(b)in paragraphs (2)(h) and (7) omit “attendance on”.
(4)In Article 4 (transfer or delegation of functions relating to student support) in paragraph (1)(b)—
(a)for “at” substitute “ with ”, and
(b)for “attending” substitute “ undertaking ”.
F38(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F38S. 147(2)(5) repealed (13.2.2006) by The Higher Education (Northern Ireland) Order 2005 (S.I. 2005/1116), art. 1(3), Sch.; S.R. 2006/30, art. 2
Marginal Citations
148 Sex education.E+W
(1)The M27Education Act 1996 shall be amended as follows.
(2)F39. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)In section 403 (sex education: manner of provision) in subsection (1) omit “local education authority,”.
(4)After subsection (1) of that section insert—
“(1A)The Secretary of State must issue guidance designed to secure that when sex education is given to registered pupils at maintained schools—
(a)they learn the nature of marriage and its importance for family life and the bringing up of children, and
(b)they are protected from teaching and materials which are inappropriate having regard to the age and the religious and cultural background of the pupils concerned.
(1B)In discharging their functions under subsection (1) governing bodies and head teachers must have regard to the Secretary of State’s guidance.
(1C)Guidance under subsection (1A) must include guidance about any material which may be produced by NHS bodies for use for the purposes of sex education in schools.
(1D)The Secretary of State may at any time revise his guidance under subsection (1A).”
(5)In subsection (2) of that section—
(a)for “subsection (1)” substitute “ this section ”, and
(b)at the end insert “and “NHS body” has the same meaning as in section 22 of the National Health Service Act 1977.”
(6)In section 404 (sex education: statements of policy) after subsection (1) insert—
“(1A)A statement under subsection (1) must include a statement of the effect of section 405.”
Textual Amendments
F39S. 148(2) repealed (1.10.2002 except in relation to W. and otherwise 19.12.2002) by Education Act 2002 (c. 32), ss. 215(2), 216, Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2002/3185, art. 4, Sch. Pt. 1
Commencement Information
I9S. 148 wholly in force at 1.4.2001; s. 148 not in force at Royal Assent see s. 154; s. 148 in force for E. at 1.11.2000 by S.I. 2000/2559, art. 2(2), Sch. Pt. II; s. 148 in force for W. at 1.4.2001 by S.I. 2001/1274, art. 2, Sch. Pt. II
Marginal Citations
149 Amendments.E+W
Schedule 9 contains miscellaneous and consequential amendments.
Commencement Information
I10S. 149 partly in force; s. 149 not in force at Royal Assent see s. 154; s. 149 in force insofar as it relates to specified provisions of Sch. 9 (in some cases for limited extents and purposes) as follows: at 3.8.2000 and 1.9.2000 by S.I. 2000/2114, art. 2(1)(3), Sch. Pts. I, III; at 19.9.2000 by S.I. 2000/2540, art. 2, Sch.; at 1.10.2000 and 1.1.2001 by S.I. 2000/2559, art. 2, Sch. Pts. I, III; at 1.1.2001 by S.I. 2000/3230, art. 2, Sch.; at 1.4.2001 and 1.9.2001 by S.I. 2001/654, art. 2, Sch. Pts. II, III and S.I. 2001/1274, art. 2, Sch. Pts. I, II; at 1.4.2002 by S.I. 2001/2705, art. 2, Sch. Pt. I