Learning and Skills Act 2000

[F1 113A Restructuring of sixth-form education E+W

(1) The Learning and Skills Council for England may make proposals under this section—

(a) with a view to meeting recommendations made in the report of an area inspection under section 65,

(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.

(2) The [F2 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 local education authority 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);

(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).

[F3 (4A) Proposals under this section are to be published.]

(5) Proposals [F4 under subsection (1) are to be] submitted to the relevant authority, which shall—

(a) approve them, with or without modification or subject to the occurrence of any event, or

(b) reject them.

[F5 (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.

(7) In exercising any function conferred by or under this section, the Learning and Skills Council for England F6 ... must have regard to any guidance given from time to time by the relevant authority.

(8) Proposals under [F7 subsection (1)] may be made either alone or in addition to proposals under section 51 of the Further and Higher Education Act 1992 (c. 13) (proposals for further education corporations).

(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;

(f) approval of [F8 proposals under subsection (1)] by the relevant authority.

[F9 (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;

• “ maintained school ” means a community, foundation or voluntary school or a community or foundation special school;

• “ regulations ” means—

  (a)

  in relation to proposals by the Learning and Skills Council for England, regulations made by the Secretary of State, and

  (b)

  in relation to proposals by the [F10 National Assembly for Wales], regulations made by the National Assembly for Wales;

• “ relevant authority ” means—

  (a)

  in relation to the Learning and Skills Council for England, the Secretary of State; and

  (b)

  in relation to the [F11 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 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

F2 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)

F3 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)

F4 Words in s. 113A(5) 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(c) (with art. 7)

F5 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)

F6 Words in s. 113A(7) omitted (1.4.2006) by virtue of 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(e) (with art. 7)

F7 Words in s. 113A(8) 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(f) (with art. 7)

F8 Words in s. 113A(9)(f) 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(g) (with art. 7)

F9 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)

F10 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)

F11 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)

C1 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

C2 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