Part V Miscellaneous and general
Sixth-form education
110 Secondary education.
(1)
“(2A)
Education is also secondary education for the purposes of this Act (subject to subsection (5)) if it is provided by an institution which—
(a)
is maintained by a F1local authority , and
(b)
is principally concerned with the provision of full-time education suitable to the requirements of pupils who are over compulsory school age but under the age of 19.
(2B)
Where—
(a)
a person is in full-time education,
(b)
he receives his education partly at a school and, by virtue of arrangements made by the school, partly at another institution, and
(c)
the education which he receives at the school would be secondary education if it was full-time education at the school,
the person’s education, both at the school and at the other institution, is secondary education for the purposes of this Act (subject to subsection (5)).”
(2)
Subsections (3) to (5) apply to an institution which would become a school on the coming into force of subsection (1) (by virtue of section 4(1) of the M2Education Act 1996 (schools)).
(3)
An institution to which this subsection applies shall not be treated as being a school by virtue of section 4(1) of that Act unless it has been established as a new school in accordance with section 28(1)(a) or (2)(a) or 31(1)(a) of the M3School Standards and Framework Act 1998 (community or foundation mainstream or special school).
(4)
A F1local authority may not continue to maintain an institution to which this subsection applies in pursuance of section 15A of the M4Education Act 1996 (education for 16 to 18 year olds).
(5)
Section 51(3A) of the M5Further and Higher Education Act 1992 (incorporation of further education institutions) shall not apply in relation to an institution to which this subsection applies.
F2(6)
In this section “local authority” has the same meaning as in the Education Act 1996 (see section 579(1) of that Act).
111 Further education corporations.
(1)
“(2)
Subsection (1) above does not apply to an institution which is maintained by a F1local authority .
(3)
The Secretary of State may by order make provision for the establishment of a body corporate for the purpose of conducting an institution which—
(a)
is maintained by a F1local authority , and
(b)
in his opinion, is principally concerned with the provision of full-time education suitable to the requirements of persons over compulsory school age who have not attained the age of nineteen years.”
(2)
Section 51 of that Act (publication of proposals) shall be amended as follows—
(a)
“(b)
an order under section 16(3) of this Act, other than an order made for the purpose of giving effect to a proposal by a council,”,
and
112 Further education institutions: designation.
“(3A)
The Secretary of State shall not make an order under this section in respect of a voluntary aided school without the consent of the governing body and the F1local authority .”
113F3Sixth forms requiring significant improvement F4: Wales
(1)
Schedule 7 (F5sixth forms requiring significant improvement ) shall have effect.
F6(2)
Expressions used in that Schedule and in F7Chapter 4 of Part 1 of the Education Act 2005 have the same meaning as in that Chapter.
(3)
Sections 496 and 497 of the M8 Education Act 1996 (intervention) shall have effect in relation to powers and duties conferred or imposed by virtue of Schedule 7 as if F8those powers and duties were conferred by that Act.
F9 113A Restructuring of sixth-form education
F10 (1)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2)
The F11National Assembly for Wales may make proposals under this section—
(a)
with a view to meeting recommendations made in the report of an area inspection under section 83,
(b)
with a view to promoting one or more of the relevant objectives, or
(c)
if—
(i)
they are made in addition to proposals relating to education or training other than in schools, and
(ii)
the combined proposals are made with a view to promoting one or more of the relevant objectives.
(3)
For the purposes of this section, the following are “ relevant objectives ”—
(a)
an improvement in the educational or training achievements of persons who are above compulsory school age but below the age of 19;
(b)
an increase in the number of such persons who participate in education or training suitable to the requirements of such persons;
(c)
an expansion of the range of educational or training opportunities suitable to the requirements of such persons.
(4)
Proposals under this section are proposals for one or more of the following—
(a)
the establishment by a F1local authority F12 in Wales of one or more new community, F13... community special or foundation special schools to provide secondary education suitable to the requirements of persons who are above compulsory school age but below the age of 19 (and no other secondary education);
F14 (aa)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)
an alteration to one or more maintained schools which relates to the provision of secondary education suitable to the requirements of such persons and is of a description prescribed by regulations;
(c)
the discontinuance of one or more maintained schools which provide secondary education suitable to the requirements of such persons (and no other secondary education).
F15(4A)
Proposals under this section are to be published.
F16(5)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F17(5A)
In respect of proposals under subsection (2), the relevant authority shall, in accordance with regulations made under subsection (9), determine whether to—
(a)
confirm them, with or without modification or subject to the occurrence of any event; or
(b)
withdraw them.
(6)
Schedule 7A (implementation of proposals) has effect.
F18(7)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F19(8)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(9)
Regulations may make provision about proposals under this section and may in particular make provision about—
(a)
the information to be included in, or provided in relation to, the proposals;
(b)
publication of the proposals;
(c)
consultation on the proposals (before or after publication);
(d)
the making of objections to or comments on the proposals;
(e)
withdrawal or modification of the proposals;
F20(f)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F21(g)
confirmation of proposals under subsection (2) by the relevant authority
(10)
For the purposes of sections 496 and 497 of the Education Act 1996 (c. 56) (powers to prevent unreasonable exercise of functions and general default powers), the provisions of this section and Schedule 7A shall be treated as if they were provisions of that Act.
(11)
For the purposes of this section and Schedule 7A—
“ alteration ” means an alteration of whatever nature, including the transfer of the school to a new site but excluding any change—
(a)
in the religious character of the school, or
(b)
whereby the school would acquire or lose a religious character;
F22“local authority” and “local authority in Wales” have the same meaning as in the Education Act 1996 (see section 579(1) of that Act);
“ maintained school ” means a community, foundation or voluntary school or a community or foundation special school;
“ regulations ” means—
(a)
F23 ...
(b)
in relation to proposals by the F24National Assembly for Wales, regulations made by the National Assembly for Wales;
“ relevant authority ” means—
(a)
F25 ...
(b)
in relation to the F26National Assembly for Wales, the National Assembly for Wales;
“ secondary education ” has the same meaning as in section 2 of the Education Act 1996.