Part V U.K. Miscellaneous and general

Sixth-form education E+W

110 Secondary education. E+W

(1) After section 2(2) of the M1 Education Act 1996 (definition of secondary education) there shall be inserted—

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

(a) is maintained by a [F1 local 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 M2 Education Act 1996 (schools)).

(3) An institution to which this subsection applies shall not be treated as being a school by virtue of section 4(1) of that Act unless it has been established as a new school in accordance with section 28(1)(a) or (2)(a) or 31(1)(a) of the M3 School Standards and Framework Act 1998 (community or foundation mainstream or special school).

(4) A [F1 local authority] may not continue to maintain an institution to which this subsection applies in pursuance of section 15A of the M4 Education Act 1996 (education for 16 to 18 year olds).

(5) Section [F2 16A(2)] of the M5 Further and Higher Education Act 1992 (incorporation of further education institutions) shall not apply in relation to an institution to which this subsection applies.

[F3 (6) In this section “local authority” has the same meaning as in the Education Act 1996 (see section 579(1) of that Act).]

Textual Amendments

F1 Words 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)

F2 Word in s. 110(5) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 12 para. 44(2); S.I. 2012/924, art. 2

F3 S. 110(6) added (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(7)

Commencement Information

I1 S. 110 wholly in force at 1.8.2002; s. 110 not in force at Royal Assent see s. 154; s. 110(1) in force (E.) for certain purposes at 1.9.2000, s. 110(2) in force (E.) for certain purposes at 1.9.2000 and s. 110(3) in force (E.) at 1.9.2000 by S.I. 2000/2114, art. 2(3), Sch. Pt. III; s. 110(1) wholly in force for E. at 1.4.2001 by S.I. 2001/654, art. 2, Sch. Pt. II; s. 110 wholly in force for W. at 1.4.2001 by S.I. 2001/1274, art. 2, Sch. Pt. I; s. 110(2)(4)(5) in force for E. at 1.8.2002 in so far as not already in force by S.I. 2002/279, art. 2(3)(b)

Marginal Citations

M1 1996 c. 56.

M2 1996 c. 56.

M3 1998 c. 31.

M4 1996 c. 56.

M5 1992 c. 13.

111 Further education corporations. E+W

(1) The following shall be substituted for section 16(2) and (3) of the M6 Further and Higher Education Act 1992 (incorporation of further education institutions)—

“(2) Subsection (1) above does not apply to an institution which is maintained by a [F1 local 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 [F1 local authority] , and

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

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

(a) for subsection (3)(b) substitute—

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

and

(b) after subsection (3) insert—

“(3A) A draft proposal or order in respect of an institution which is maintained by a [F1 local authority] shall not be published without the consent of the governing body and the [F1 local authority] .”

Textual Amendments

F1 Words 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)

Commencement Information

I2 S. 111 wholly in force at 1.4.2001; s. 111 not in force at Royal Assent see s. 154; s. 111 in force for E. at 1.10.2000 by S.I. 2000/2559, art. 2(1), Sch. Pt. I; s. 111 in force for W. at 1.4.2001 by S.I. 2001/1274, art. 2, Sch. Pt. I

Marginal Citations

M6 1992 c. 13.

112 Further education institutions: designation. E+W

In section 28(3) of the M7 Further and Higher Education Act 1992 (designation of institutions for funding) the following shall be inserted after subsection (3)—

“(3A) The Secretary of State shall not make an order under this section in respect of a voluntary aided school without the consent of the governing body and the [F1 local authority] .”

Textual Amendments

F1 Words 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)

Commencement Information

I3 S. 112 wholly in force at 1.4.2001; s. 112 not in force at Royal Assent see s. 154; s. 112 in force for E. at 1.10.2000 by S.I. 2000/2559, art. 2(1), Sch. Pt. I; s. 112 in force for W. at 1.4.2001 by S.I. 2001/1274, art. 2, Sch. Pt. I

Marginal Citations

M7 1992 c. 13.

113 [F4 Sixth forms requiring significant improvement ][F5 : Wales] E+W

(1) Schedule 7 ([F6 sixth forms requiring significant improvement ]) shall have effect.

[F7 (2) Expressions used in that Schedule and in [F8 Chapter 4 of Part 1 of the Education Act 2005 have the same meaning as in that Chapter.]]

(3) Sections 496 and 497 of the M8 Education Act 1996 (intervention) shall have effect in relation to powers and duties conferred or imposed by virtue of Schedule 7 as if [F9 those powers and duties were conferred by that Act.]

Textual Amendments

F4 S. 113 heading substituted (1.9.2005 for E., 1.9.2006 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 5 para. 2(2); S.I. 2005/2034, art. 4; S.I. 2006/1338, art. 3, Sch. 1

F5 Word in s. 113 heading inserted (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080) , art. 1(2)(a), Sch. 1 para. 39(b) (with art. 2(3))

F6 Words in s. 113(1) substituted (1.9.2005 for E., 1.9.2006 for W) by Education Act 2005 (c. 18), s. 125(4), Sch. 5 para. 2(2); S.I. 2005/2034, art. 4; S.I. 2006/1338, art. 3, Sch. 1

F7 S. 113(2) substituted (1.9.2005 for E. for specified purposes, 1.9.2006 for W) by Education Act 2005 (c. 18), s. 125(4), Sch. 5 para. 2(3); S.I. 2005/2034, art. 4; S.I. 2006/1338, art. 3, Sch. 1; S.I. 2006/1338, art. 3, Sch. 1

F8 Words in s. 113(2) substituted (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080) , art. 1(2)(a), Sch. 1 para. 39(a) (with art. 2(3))

F9 Words in s. 113(3) substituted (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(8)

Modifications etc. (not altering text)

C1 S. 113: functions transferred (E.) (1.4.2002) by Contracting Out (Local Education Authority Functions) (England) Order 2002 (S.I. 2002/928), art. 3, Sch. 3 para. (p)

Commencement Information

I4 S. 113 wholly in force at 1.4.2002; s. 113 not in force at Royal Assent see s. 154; s. 113(1)(2) in force for certain purposes (E.) at 1.10.2000 by S.I. 2000/2559, art. 2(1), Sch. Pt. I; s. 113 wholly in force for E. at 1.4.2001 by S.I. 2001/654, art. 2, Sch. Pt. II; s. 113 wholly in force for W. at 1.4.2002 by S.I. 2001/2705, art. 2, Sch. Pt. I

Marginal Citations

M8 1996 c. 56.

[F10 113A Restructuring of sixth-form education E+W

F11 ( 1 ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) The [F12 National Assembly for Wales] may make proposals under this section—

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

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

(c) if—

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

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

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

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

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

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

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

(a) the establishment by a [F1 local authority] [F13 in Wales] of one or more new community, foundation, community special or foundation special schools to provide secondary education suitable to the requirements of persons who are above compulsory school age but below the age of 19 (and no other secondary education);

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 [F24 National Assembly for Wales], regulations made by the National Assembly for Wales;

• “ relevant authority ” means—

  (a)

  F25 ...

  (b)

  in relation to the [F26 National Assembly for Wales], the National Assembly for Wales;

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

Textual Amendments

F1 Words 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)

F10 S. 113A inserted (1.4.2003 for E., 1.8.2004 for W.) by Education Act 2002 (c. 32), ss. 72(1), 216(4) (with ss. 210(8), 214(4)); S.I. 2003/124, art. 4; S.I. 2004/1728, art. 4, Sch. Pt. 1

F11 S. 113A(1) repealed (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 6 para. 49(2), Sch. 16 Pt. 2; S.I. 2010/303, art. 3, Sch. 2

F12 Words in s. 113A(2) substituted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 73(a) (with art. 7)

F13 Words in s. 113A(4)(a) inserted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 36(a); S.I. 2007/935, art. 7(o)

F14 S. 113A(4)(aa) repealed (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 6 para. 49(2), Sch. 16 Pt. 2; S.I. 2010/303, art. 3, Sch. 2

F15 S. 113A(4A) inserted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 73(b) (with art. 7)

F16 S. 113A(5) repealed (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 6 para. 49(2), Sch. 16 Pt. 2; S.I. 2010/303, art. 3, Sch. 2

F17 S. 113A(5A) inserted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 73(d) (with art. 7)

F18 S. 113A(7) repealed (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 6 para. 49(2), Sch. 16 Pt. 2; S.I. 2010/303, art. 3, Sch. 2

F19 S. 113A(8) repealed (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 6 para. 49(2), Sch. 16 Pt. 2; S.I. 2010/303, art. 3, Sch. 2

F20 S. 113A(9)(f) repealed (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 6 para. 49(2), Sch. 16 Pt. 2; S.I. 2010/303, art. 3, Sch. 2

F21 S. 113A(9)(g) inserted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 73(h) (with art. 7)

F22 Words in s. 113A(11) 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(9) (with Sch. 4 para. 4)

F23 Words in s. 113A(11) repealed (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 6 para. 49(3)(a), Sch. 16 Pt. 2; S.I. 2010/303, art. 3, Sch. 2

F24 Words in s. 113A(11) substituted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 73(i)(i) (with art. 7)

F25 Words in s. 113A(11) repealed (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 6 para. 49(3)(b), Sch. 16 Pt. 2; S.I. 2010/303, art. 3, Sch. 2

F26 Words in s. 113A(11) substituted (1.4.2006) by National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 73(i)(ii) (with art. 7)

Modifications etc. (not altering text)

C2 S. 113A power to modify conferred (1.4.2003 for E.) by Education Act 2002 (c. 32), ss. 74(2)(b), 216(4) (with ss. 210(8), 214(4)); S.I. 2003/124, art. 4

C3 S. 113A modified (1.6.2003 for E.) by Education Act 2002 (c. 32), ss. 74(1)(c), 216(4) (with ss. 210(8), 214(4)); S.I. 2003/1115, art. 3