Schedule 1Employee study and training: minor and consequential amendments
Employment Rights Act 1996 (c. 18)
1
The Employment Rights Act 1996 is amended as follows.
2
In section 48 (right to present complaint of detriment to employment tribunal), in subsection (1) for “or 47E” substitute “
, 47E or 47F
”
.
3
“(7BB)
This subsection applies if the reason (or, if more than one, the principal reason) for which the employee was selected for dismissal was one of those specified in section 104E.”
4
“(gk)
section 104E applies,”.
5
In section 194 (House of Lords staff), in subsection (2)(e) before “VII” insert “
6A,
”
.
6
In section 195 (House of Commons staff), in subsection (2)(e) before “VII” insert “
6A,
”
.
7
In section 199 (mariners)—
(a)
in subsection (2), after “47E,” insert “
47F,
”
;
(b)
in that subsection, before “VII” insert “
6A,
”
;
(c)
in subsection (8)(d), before “VII” insert “
6A,
”
.
8
“(4B)
Where the calculation is for the purposes of section 63J, the calculation date is the day on which the section 63D application was made.”
9
“(zza)
an award of compensation under section 63J(1)(b),”.
10
““section 63D application” has the meaning given by section 63D(2);”.
11
In section 236(3)
(orders and regulations subject to affirmative Parliamentary procedure), after “47C,” insert “
63D, 63F(7),
”
.
Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52)
12
The Trade Union and Labour Relations (Consolidation) Act 1992 is amended as follows.
13
In section 212A (arbitration scheme for unfair dismissal cases etc.), in subsection (1)—
(a)
“(zza)
section 63F(4), (5) or (6) or 63I(1)(b) of the Employment Rights Act 1996 (study and training);”;
(b)
in paragraph (za) for “the Employment Rights Act 1996” substitute “
that Act
”
.
14
In section 237(1A)(a) (cases where employee may complain of unfair dismissal despite participation in unofficial industrial action)—
(a)
for “or 104D” substitute “
, 104D or 104E
”
;
(b)
for “and pension scheme membership” substitute “
, pension scheme membership, and study and training
”
.
15
In section 238(2A)(a) (cases where employment tribunal to determine whether dismissal of an employee is unfair despite limitation in subsection (2) of that section)—
(a)
for “or 104D” substitute “
, 104D or 104E
”
;
(b)
for “and pension scheme membership” substitute “
, pension scheme membership, and study and training
”
.
Employment Tribunals Act 1996 (c. 17)
16
In section 18 of the Employment Tribunals Act 1996 (conciliation), in subsection (1)(d) after “28,” insert “
63F(4), (5) or (6), 63I(1)(b),
”
.
Schedule 2LEA functions: minor and consequential amendments
Education Act 1996 (c. 56)
1
The Education Act 1996 is amended as follows.
2
(1)
Section 13 (general responsibility for education) is amended as follows.
(2)
In subsection (1) after “secondary education” insert “
and, in the case of a local education authority in England, further education,
”
.
(3)
“(3)
The reference in subsection (1) to further education is to further education for persons—
(none)
“(a)
who are over compulsory school age but under 19, or
(b)
who are aged 19 or over but under 25 and are subject to learning difficulty assessment.”
(4)
For the purposes of this Act a person is subject to learning difficulty assessment if—
(a)
a learning difficulty assessment has been conducted in respect of the person, or
(b)
arrangements for a learning difficulty assessment to be conducted in respect of the person have been made or are required to be made.
(5)
In subsection (4), a “learning difficulty assessment” means an assessment under section 139A or 140 of the Learning and Skills Act 2000 (assessments relating to learning difficulties).
(6)
For the purposes of subsection (1), persons who are subject to a detention order are to be regarded as part of the population of the area in which they are detained (and not any other area).”
3
“13ADuty to promote high standards and fulfilment of potential
(1)
A local education authority in England must ensure that their relevant education functions and their relevant training functions are (so far as they are capable of being so exercised) exercised by the authority with a view to—
(a)
promoting high standards,
(b)
ensuring fair access to opportunity for education and training, and
(c)
promoting the fulfilment of learning potential by every person to whom this subsection applies.
(2)
Subsection (1) applies to the following—
(a)
persons under the age of 20;
(b)
persons aged 20 or over but under 25 who are subject to learning difficulty assessment.
(3)
A local education authority in Wales must ensure that their relevant education functions and their relevant training functions are (so far as they are capable of being so exercised) exercised by the authority with a view to—
(a)
promoting high standards, and
(b)
promoting the fulfilment of learning potential by every person to whom this subsection applies.
(4)
Subsection (3) applies to persons under the age of 20.
(5)
In this section—
“education” and “training” have the same meanings as in section 15ZA;
“relevant education function”, in relation to a local education authority in England, means a function relating to the provision of education for—
(a)
persons of compulsory school age (whether at school or otherwise);
(b)
persons (whether at school or otherwise) who are over compulsory school age and to whom subsection (1) applies;
(c)
persons who are under compulsory school age and are registered as pupils at schools maintained by the authority;
“relevant education function”, in relation to a local education authority in Wales, means a function relating to the provision of education for—
(a)
persons of compulsory school age (whether at school or otherwise);
(b)
persons (whether at school or otherwise) who are over compulsory school age but under the age of 20;
(c)
persons who are under compulsory school age and are registered as pupils at schools maintained by the authority;
“relevant training function” means a function relating to the provision of training.”
4
(1)
Section 15A (functions in respect of full-time education for 16 to 18 year olds) is amended as follows.
(2)
In subsection (1) after “local education authority” insert “
in Wales
”
.
(3)
“(1ZA)
A local education authority in England may secure the provision for their area of full-time or part-time education suitable to the requirements of persons from other areas who are over compulsory school age but have not attained the age of 19.”
(4)
In subsection (1A) for “subsection (1)” substitute “
subsections (1) and (1ZA)
”
.
(5)
In subsection (3) for “section 13(5) and (6) of the Learning and Skills Act 2000” substitute “
section 15ZA(6) and (7)
”
.
(6)
In the title for “Functions in respect of full-time education” substitute “
Powers in respect of education and training
”
.
5
In section 15B (functions in respect of education for persons over 19) in subsection (3) for “section 13(5) and (6) of the Learning and Skills Act 2000” substitute “
section 15ZA(6) and (7)
”
.
6
(1)
Section 312 (meaning of “special educational needs”, “learning difficulty” etc) is amended as follows.
(2)
In subsection (2) for the words from “subsection (3)” to “section 507B)” substitute “
subsections (3) and (3A)
”
.
(3)
“(3A)
Subsection (2) does not apply—
(a)
for the purposes of sections 15ZA, 15A, 15B and 507B, or
(b)
for the purposes of sections 18A and 562H (except for the purpose of determining, for the purposes of those sections, whether a child has special educational needs).”
7
“(5)
This section is subject to sections 508I and 509AE (complaints about transport arrangements etc).”
8
“(6)
This section is subject to sections 508I and 509AE (complaints about transport arrangements etc).”
9
“(8)
This section is subject to sections 508I and 509AE (complaints about transport arrangements etc).”
10
(1)
In the title of section 509AA, for “Provision” substitute “
LEAs in England: provision
”
.
(2)
For the title of section 509AB substitute “
LEAs in England: further provision about transport policy statements for persons of sixth form age
”
.
(3)
In the title of section 509A, for “Travel” substitute “
LEAs in England: travel
”
.
11
“569ARegulations made by Welsh Ministers under Chapter 5A
(1)
Any power of the Welsh Ministers to make regulations under Chapter 5A shall be exercised by statutory instrument.
(2)
A statutory instrument containing any such regulations made by the Welsh Ministers shall be subject to annulment in pursuance of a resolution of the National Assembly for Wales.
(3)
Any such regulations may make different provision for different cases, circumstances or areas and may contain such incidental, supplemental, saving or transitional provisions as the Welsh Ministers think fit.”
12
In section 579(1) (general interpretation)—
(a)
in the definition of “prescribed”, after “ “prescribed”” insert “
(except in Chapter 5A)
”
;
(b)
in the definition of “regulations”, after “ “regulations”” insert “
(except in Chapter 5A)
”
.
13
“relevant young adult (in sections 508F, 508G and 508I)
section 508F(9)”;
“relevant youth accommodation
section 562(1A)”;
“subject to a detention order
section 562(1A)”;
“subject to learning difficulty assessment
section 13(4)”
Education Act 2002 (c. 32)
14
“—
(a)
primary education;
(b)
secondary education;
(c)
education provided under section 562C of the Education Act 1996 (detention of persons with special educational needs: appropriate special educational provision).”
Schedule 3The Young People's Learning Agency for England
Status
1
(1)
The YPLA is not to be regarded—
(a)
as a servant or agent of the Crown, or
(b)
as enjoying any status, immunity or privilege of the Crown.
(2)
The YPLA's property is not to be regarded—
(a)
as property of the Crown, or
(b)
as property held on behalf of the Crown.
Membership
2
(1)
The YPLA is to consist of—
(a)
between 10 and 16 members appointed by the Secretary of State (the “ordinary members”), and
(b)
the chief executive of the YPLA.
(2)
The Secretary of State must appoint one of the ordinary members to chair the YPLA (“the chair”).
(3)
In appointing the ordinary members, the Secretary of State must have regard to the desirability of the ordinary members, taken together, having experience relevant to—
(a)
the full range of the YPLA's functions, and
(b)
any functions that may be conferred or imposed on the YPLA under Academy arrangements.
(4)
“Academy arrangements” has the meaning given by section 77(2).
Tenure
3
(1)
The chair and other ordinary members hold and vacate office in accordance with the terms of their appointments, subject to the following provisions of this Schedule.
(2)
The chair and other ordinary members may resign from office at any time by giving written notice to the Secretary of State.
(3)
The Secretary of State may remove an ordinary member from office on either of the following grounds—
(a)
inability or unfitness to carry out the duties of the office;
(b)
absence from the YPLA's meetings for a continuous period of more than 6 months without the YPLA's permission.
(4)
The previous appointment of a person as the chair or another ordinary member does not affect the person's eligibility for re-appointment.
(5)
If the chair ceases to be an ordinary member, the person also ceases to be the chair.
Remuneration etc. of members
4
(1)
The YPLA may, and must if the Secretary of State requires it to do so, pay remuneration, allowances and expenses to any of the ordinary members.
(2)
The YPLA may, and must if the Secretary of State requires it to do so, pay, or make provision for the payment of, a pension, allowances or gratuities to or in respect of a current or former ordinary member.
(3)
If a person ceases to be an ordinary member and the Secretary of State decides that the person should be compensated because of special circumstances, the YPLA must pay compensation to the person.
(4)
The amount of a payment under this paragraph is to be determined by the Secretary of State.
Staff
5
(1)
The first chief executive is to be appointed by the Secretary of State, on conditions of service determined by the Secretary of State.
(2)
Later chief executives are to be appointed by the YPLA, on conditions of service determined by the YPLA.
(3)
The appointment and conditions of service of a later chief executive are subject to the approval of the Secretary of State.
(4)
The YPLA may appoint other members of staff.
(5)
The conditions of service of the other members of the YPLA's staff are to be determined by the YPLA with the approval of the Secretary of State.
6
(1)
Employment with the YPLA is to be included among the kinds of employment to which a scheme under section 1 of the Superannuation Act 1972 (c. 11) (superannuation schemes as respects civil servants, etc.) can apply.
(2)
The YPLA must pay to the Minister for the Civil Service, at such times as the Minister may direct, such sums as the Minister may determine in respect of increases attributable to this paragraph in the sums payable under the Superannuation Act 1972 out of money provided by Parliament.
(3)
Sub-paragraph (4) applies if a member of staff of the YPLA (“E”)—
(a)
is, by reference to employment with the YPLA, a participant in a scheme under section 1 of the Superannuation Act 1972, and
(b)
is also a member of the YPLA.
(4)
The Secretary of State may determine that E's service as a member of the YPLA is to be treated for the purposes of the scheme as service as a member of staff of the YPLA (whether or not any benefits are payable to or in respect of E by virtue of paragraph 4(2)).
Committees
7
(1)
The YPLA may establish committees, and any committee established by the YPLA may establish sub-committees.
(2)
The YPLA may—
(a)
dissolve a sub-committee established under sub-paragraph (1), or
(b)
alter the purposes for which such a sub-committee is established.
(3)
In this Schedule a committee or sub-committee established under sub-paragraph (1) is referred to as a “YPLA committee”.
(4)
A YPLA committee may consist of or include persons who are not members of the YPLA or the YPLA's staff.
(5)
The YPLA may arrange for the payment of remuneration, allowances and expenses to any person who—
(a)
is a member of a YPLA committee, but
(b)
is not a member of the YPLA or the YPLA's staff.
(6)
The YPLA must keep under review—
(a)
the structure of YPLA committees, and
(b)
the scope of each YPLA committee's activities.
8
(1)
The YPLA and any other person may establish a committee jointly.
(2)
In this Schedule a committee established under sub-paragraph (1) is referred to as a “joint committee”.
(3)
A joint committee may establish sub-committees.
(4)
In this Schedule a sub-committee established under sub-paragraph (3) is referred to as a “joint sub-committee”.
(5)
The YPLA may arrange for the payment of remuneration, allowances and expenses to any person who—
(a)
is a member of a joint committee or joint sub-committee, but
(b)
is not a member of the YPLA or the YPLA's staff.
Procedure etc.
9
(1)
The YPLA may regulate—
(a)
its own proceedings (including quorum), and
(b)
the procedure (including quorum) of YPLA committees.
(2)
A joint committee may regulate—
(a)
its own procedure (including quorum), and
(b)
the procedure (including quorum) of any sub-committee established by it.
(3)
The validity of proceedings of the YPLA, or of a YPLA committee, joint committee or joint sub-committee, is not affected by—
(a)
a vacancy;
(b)
a defective appointment.
10
(1)
The following have the right to attend meetings of the YPLA, and of YPLA committees, joint committees and joint sub-committees—
(a)
the Secretary of State;
(b)
a representative of the Secretary of State.
(2)
A person attending a meeting of the YPLA, or of a YPLA committee, joint committee or joint sub-committee under sub-paragraph (1) may take part in its deliberations (but not its decisions).
(3)
If a person with a right to attend a meeting of the YPLA, or of a YPLA committee, joint committee or joint sub-committee requests it, the YPLA must provide the person with all information relating to the meeting that—
(a)
has been distributed to the members of the YPLA, or of the YPLA committee, joint committee or joint sub-committee, and
(b)
is likely to be needed by the person in order to take part in the meeting.
Delegation
11
(1)
The YPLA may delegate any of its functions to—
(a)
the chair or the chief executive;
(b)
a committee established by the YPLA;
(c)
a joint committee.
(2)
If a function is delegated to the chair, the chair may delegate the function to any of the other ordinary members or the chief executive.
(3)
If a function is delegated to the chief executive, the chief executive may delegate the function to a member of the YPLA's staff.
(4)
A function is delegated under this paragraph to the extent and on the terms that the person delegating it determines.
12
(1)
A committee established by the YPLA or a joint committee may delegate any of its functions to a sub-committee established by it.
(2)
A function is delegated under this paragraph to the extent and on the terms that the committee determines.
(3)
The power of a committee established by the YPLA to delegate a function under this paragraph, and to determine the extent and terms of the delegation, are subject to the YPLA's powers to direct what a committee established by it may and may not do.
(4)
The power of a joint committee to delegate a function under this paragraph, and to determine the extent and terms of the delegation, are subject to the power of the YPLA and any other person with whom the YPLA established the committee to direct (acting jointly) what the committee may and may not do.
Plans
13
(1)
The YPLA must make and publish a plan for each academic year.
(2)
The YPLA's plan for an academic year must be published before the start of the academic year.
(3)
The YPLA's plan for an academic year must include—
(a)
the YPLA's proposals as to how it intends to achieve in that year any objectives for the year set out in directions under section 75 or grant conditions;
(b)
the YPLA's proposals as to how it proposes to use its grant funding for the year.
(4)
In this paragraph—
“academic year” means—
(a)
the period beginning on the day on which section 60 comes into force and ending on the following 31 August;
(b)
each successive period of 12 months;
“grant conditions” mean conditions to which a grant under paragraph 18 is subject;
“grant funding” means a grant under that paragraph.
Reports
14
(1)
As soon as reasonably practicable after the end of each reporting period the YPLA must prepare an annual report for the period.
(2)
The annual report must state how the YPLA has performed its functions in the reporting period.
(3)
The YPLA must send a copy of each annual report to the Secretary of State.
(4)
The Secretary of State must lay before Parliament a copy of each report received under sub-paragraph (3) and arrange for it to be published.
(5)
In this paragraph “reporting period” means—
(a)
the period specified by the Secretary of State in a direction given to the YPLA;
(b)
each successive period of 12 months.
Accounts
15
(1)
The YPLA must—
(a)
keep proper accounts and proper records in relation to the accounts, and
(b)
prepare annual accounts in respect of each financial year.
(2)
The annual accounts must comply with any directions given by the Secretary of State as to—
(a)
the information to be contained in them,
(b)
the manner in which the information contained in them is to be presented, or
(c)
the methods and principles according to which the annual accounts are to be prepared.
(3)
Before the end of the month of August next following each financial year, the YPLA must send copies of the annual accounts for the year to—
(a)
the Secretary of State, and
(b)
the Comptroller and Auditor General.
(4)
The Comptroller and Auditor General must—
(a)
examine, certify and report on the annual accounts, and
(b)
give a copy of the report to the Secretary of State.
(5)
The Secretary of State must lay before Parliament—
(a)
a copy of any annual accounts received under sub-paragraph (3), and
(b)
a copy of each report received under sub-paragraph (4).
(6)
In this paragraph “financial year” means—
(a)
the period specified by the Secretary of State in a direction given to the YPLA;
(b)
each successive period of 12 months.
Documents
16
The application of the YPLA's seal is authenticated by the signatures of—
(a)
the chair or another person authorised (generally or specifically) for that purpose by the YPLA, and
(b)
one other member of the YPLA.
17
Any document purporting to be an instrument made or issued by or on behalf of the YPLA, and to be duly executed by a person authorised by the YPLA in that behalf—
(a)
is to be received in evidence, and
(b)
is to be taken to be made or issued in that way, unless the contrary is shown.
Funding
18
(1)
The Secretary of State may make grants to the YPLA for the purposes of any of its functions.
(2)
Grants to the YPLA under this paragraph are to be made at such times and subject to such conditions (if any) as the Secretary of State thinks appropriate.
(3)
Conditions to which a grant is subject may (in particular)—
(a)
set the YPLA's budget for any financial year;
(b)
require the YPLA to use the grant for specified purposes;
(c)
require the YPLA to comply with specified requirements in respect of persons or persons of a specified description in securing the provision of specified financial resources to such persons;
(d)
enable repayment (in whole or part) to be required of sums paid by the Secretary of State if any condition subject to which the grant was made is not complied with;
(e)
require the payment of interest in respect of any period during which a sum due to the Secretary of State in accordance with any condition remains unpaid.
(4)
Requirements which may be imposed under sub-paragraph (3)(c) include in particular requirements that, if the YPLA provides specified financial resources, it is to impose specified conditions.
(5)
The Secretary of State may not impose conditions which relate to the YPLA's securing of the provision of financial resources to a particular person or persons.
Supplementary powers
19
(1)
The YPLA may do anything that it considers necessary or appropriate for the purposes of, or in connection with, its functions.
(2)
The power in sub-paragraph (1) is subject to any restrictions imposed by or under any provision of any Act.
(3)
The YPLA may not borrow money.
(4)
The YPLA may not do any of the following without the consent of the Secretary of State—
(a)
lend money;
(b)
form, participate in forming or invest in a company;
(c)
form, participate in forming or otherwise become a member of a charitable incorporated organisation (within the meaning of section 69A of the Charities Act 1993 (c. 10)).
(5)
In sub-paragraph (4)(b) the reference to investing in a company includes a reference to—
(a)
becoming a member of the company, and
(b)
investing in it by the acquisition of any assets, securities or rights or otherwise.
Parliamentary Commissioner Act 1967 (c. 13)
20
In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc. subject to investigation) at the appropriate place insert— “
The Young People's Learning Agency for England.
”
House of Commons Disqualification Act 1975 (c. 24)
21
In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 (other disqualifying offices) at the appropriate place insert— “
Any member of the Young People's Learning Agency for England in receipt of remuneration.
”
Superannuation Act 1972 (c. 11)
22
In Schedule 1 to the Superannuation Act 1972 (kinds of employment, etc, referred to in section 1 of that Act) under the heading “Other bodies” at the appropriate place insert— “
The Young People's Learning Agency for England
”
.
Schedule 4The Chief Executive of Skills Funding
Status
1
(1)
The Chief Executive is to perform the functions of the office on behalf of the Crown.
(2)
The person for the time being holding the office of Chief Executive is by the name of that office to be a corporation sole.
Tenure of office and terms of appointment
2
(1)
The Secretary of State may remove the Chief Executive from office on the grounds of inability or unfitness to carry out the functions of the office.
(2)
The Chief Executive may resign at any time by giving written notice to the Secretary of State.
(3)
Otherwise, the Chief Executive holds and vacates office in accordance with the terms of appointment to that office (which may include provision for dismissal).
(4)
Service as Chief Executive is to be employment in the civil service of the State.
Staff
3
(1)
The Chief Executive may appoint staff.
(2)
Service as a member of the Chief Executive's staff is to be service in the civil service of the State.
(3)
Subject to sub-paragraph (2), the conditions of service of the staff appointed by the Chief Executive are to be determined by the Chief Executive.
Delegation
4
(1)
The Chief Executive may delegate any of the functions of the office—
(a)
to a member of the Chief Executive's staff appointed under paragraph 3, or
(b)
to a member of staff provided to the Chief Executive by the Secretary of State under arrangements under paragraph 5.
(2)
Any delegation under sub-paragraph (1) is to be to the extent, and on terms, that the Chief Executive determines.
(3)
This paragraph is subject to section 82.
Arrangements with Secretary of State
5
The Secretary of State and the Chief Executive may enter into arrangements with each other for the provision to the Chief Executive by the Secretary of State, on such terms as may be agreed, of staff, accommodation or services.
Funding
6
(1)
The Secretary of State may make grants to the Chief Executive.
(2)
Grants to the Chief Executive are to be made at such times and subject to such conditions (if any) as the Secretary of State thinks appropriate.
(3)
Conditions to which a grant is subject may—
(a)
set the Chief Executive's budget for any financial year;
(b)
require the Chief Executive to use the grant for specified purposes;
(c)
require the Chief Executive to comply with specified requirements in respect of persons or persons of a specified description in securing the provision of specified financial resources to such persons;
(d)
enable repayment (in whole or part) to be required of sums paid by the Secretary of State if any condition subject to which the grant was made is not complied with;
(e)
require the payment of interest in respect of any period during which a sum due to the Secretary of State in accordance with any condition remains unpaid.
(4)
Requirements which may be imposed under sub-paragraph (3)(c) include in particular requirements that, if the Chief Executive provides specified financial resources, the Chief Executive is to impose specified conditions.
Reports
7
(1)
As soon as reasonably practicable after the end of each financial year the Chief Executive must prepare an annual report for the financial year.
(2)
The annual report must state how the Chief Executive has performed the functions of the office in the financial year.
(3)
The Chief Executive must send a copy of each report prepared under sub-paragraph (1) to the Secretary of State.
(4)
The Secretary of State must lay before Parliament a copy of each report received under sub-paragraph (3) and arrange for it to be published.
(5)
The Chief Executive may—
(a)
prepare other reports on matters relating to the functions of the office, and
(b)
must send a copy of each report prepared under paragraph (a) to the Secretary of State.
Accounts
8
(1)
The Chief Executive must—
(a)
keep proper accounts and proper records in relation to the accounts, and
(b)
prepare annual accounts in respect of each financial year.
(2)
The annual accounts must comply with any directions given by the Secretary of State with the approval of the Treasury as to—
(a)
the information to be contained in them,
(b)
the manner in which the information contained in them is to be presented, or
(c)
the methods and principles according to which the annual accounts are to be prepared.
(3)
Before the end of the month of August next following each financial year, the Chief Executive must send copies of the annual accounts for the year to—
(a)
the Secretary of State, and
(b)
the Comptroller and Auditor General.
(4)
The Comptroller and Auditor General must—
(a)
examine, certify and report on the annual accounts, and
(b)
give a copy of the report to the Secretary of State.
(5)
The Secretary of State must lay before Parliament—
(a)
a copy of any annual accounts received under sub-paragraph (3), and
(b)
a copy of each report received under sub-paragraph (4).
Supplementary powers
9
(1)
The Chief Executive may do anything that the Chief Executive considers necessary or appropriate for the purposes of, or in connection with, the functions of the office.
(2)
The power in sub-paragraph (1) is subject to any restrictions imposed by or under any provision of any Act.
(3)
The Chief Executive may not borrow money.
(4)
The Chief Executive may not do any of the following without the consent of the Secretary of State—
(a)
lend money;
(b)
form, participate in forming or invest in a company;
(c)
form, participate in forming or otherwise become a member of a charitable incorporated organisation (within the meaning of section 69A of the Charities Act 1993 (c. 10)).
(5)
In sub-paragraph (4)(b) the reference to investing in a company includes a reference to—
(a)
becoming a member of the company, and
(b)
investing in it by the acquisition of any assets, securities or rights or otherwise.
Directions about management
10
The Secretary of State may give directions to the Chief Executive about the financial and other management of and administrative arrangements relating to the office comprising the Chief Executive and the staff of the Chief Executive.
Financial year
11
In this Schedule “financial year” means—
(a)
the period beginning on the day on which section 81 comes into force and ending on the following 31 March;
(b)
each successive period of 12 months.
Schedule 5Learning aims for persons aged 19 or over
Part 1Qualifications to which Schedule applies
1
This paragraph applies to the following qualifications—
(a)
a specified qualification in literacy;
(b)
a specified qualification in numeracy;
(c)
a specified vocational qualification at level 2.
2
This paragraph applies to a specified qualification at level 3.
Part 2Power to specify
Power to specify
3
(1)
In paragraphs 1 and 2, a reference to a specified qualification is to a regulated qualification which is specified, or which is of a description specified, in regulations.
(2)
The regulations may specify qualifications, or descriptions of qualifications, by reference to an assessment made by the Chief Executive of the level of attainment demonstrated by a qualification; and for that purpose the regulations may confer functions (which may include the exercise of a discretion) on the Chief Executive.
(3)
The regulations may make provision which applies subject to exceptions specified in the regulations.
(4)
In sub-paragraph (1) “regulated qualification” has the meaning given by section 130.
Power to specify qualification in literacy
4
The level of attainment in literacy demonstrated by a specified qualification in literacy must be the level which, in the opinion of the Secretary of State, is the minimum required in that respect by persons aged 19 or over in order to be able to operate effectively in day-to-day life.
Power to specify qualification in numeracy
5
The level of attainment in numeracy demonstrated by a specified qualification in numeracy must be the level which, in the opinion of the Secretary of State, is the minimum required in that respect by persons aged 19 or over in order to be able to operate effectively in day-to-day life.
Level 2
6
Level 2 is the level of attainment (in terms of breadth and depth) which, in the opinion of the Secretary of State, is demonstrated by the General Certificate of Secondary Education in five subjects, each at Grade C or above.
Level 3
7
Level 3 is the level of attainment (in terms of breadth and depth) which, in the opinion of the Secretary of State, is demonstrated by the General Certificate of Education at the advanced level in two subjects.
Advice and information
8
In forming an opinion for the purposes of this Schedule, the Secretary of State may have regard, in particular, to advice or information relating to qualifications which is provided by—
(a)
the Chief Executive,
(b)
the Qualifications and Curriculum Development Agency, or
(c)
the Office of Qualifications and Examinations Regulation.
Power to amend
9
(1)
The Secretary of State may by order amend this Schedule so as to—
(a)
add a category of qualification to Part 1;
(b)
remove a category of qualification for the time being referred to in Part 1;
(c)
substitute a different qualification for a qualification for the time being referred to in Part 2;
(d)
make consequential amendments.
(2)
The power conferred by sub-paragraph (1)(b) includes power to remove every category of qualification to which a paragraph of Part 1 for the time being applies.
Schedule 6Dissolution of the Learning and Skills Council for England: minor and consequential amendments
Race Relations Act 1976 (c. 74)
1
In Part 2 of Schedule 1A to the Race Relations Act 1976 (bodies and other persons added after commencement of general statutory duty) for the entry for the Learning and Skills Council for England substitute “
The Chief Executive of Skills Funding.
”
Further and Higher Education Act 1992 (c. 13)
2
The Further and Higher Education Act 1992 is amended as follows.
3
(1)
Section 19 (supplementary powers of a further education corporation) is amended as follows.
(2)
In subsection (4AC)(a), for “Learning and Skills Council for England” substitute “
Chief Executive of Skills Funding
”
.
(3)
In subsection (4B), for “Learning and Skills Council for England” substitute “
Chief Executive of Skills Funding
”
.
(4)
In subsection (4C), for “council” substitute “
Chief Executive
”
.
4
In section 29(7A) (government and conduct of designated institutions)—
(a)
“(a)
the Chief Executive of Skills Funding under section 56AA,”;
(b)
in paragraph (b), for “that Act” substitute “
the Learning and Skills Act 2000
”
.
5
In section 31(2A) (designated institutions conducted by companies)—
(a)
“(a)
the Chief Executive of Skills Funding under section 56AA,”;
(b)
in paragraph (b), for “that Act” substitute “
the Learning and Skills Act 2000
”
.
6
In section 54(1) (duty to give information)—
(a)
for “the Learning and Skills Council for England” substitute “
the Chief Executive of Skills Funding
”
;
(b)
for “the council”, in both places where it occurs, substitute “
the Chief Executive
”
.
7
(1)
Section 56A (intervention: England) is amended as follows.
(2)
In subsection (1), for “Learning and Skills Council for England” substitute “
Chief Executive of Skills Funding (referred to in this section and sections 56AA to 56D as “the Chief Executive”)
”
.
(3)
In subsections (3) and (4), for “council”, wherever occurring, substitute “
Chief Executive
”
.
(4)
In subsection (5)—
(a)
for the words from “If the” to “same time” substitute “
At the same time as doing one or more of those things the Chief Executive must
”
;
(b)
in paragraphs (a) to (c) for “council”, wherever appearing, substitute “
Chief Executive
”
.
(5)
In subsection (6)—
(a)
for “council” substitute “
Chief Executive
”
;
(b)
in paragraph (c), for “as it thinks” substitute “
as the Chief Executive thinks
”
.
(6)
In subsection (9), for “council” substitute “
Chief Executive
”
.
(7)
In subsection (10), for “council, where it considers” substitute “
Chief Executive, where the Chief Executive considers
”
.
8
“56AAAppointment by Chief Executive of Skills Funding of members of governing body of further education institutions
(1)
The Chief Executive may appoint a person to be a member of the governing body of an institution which—
(a)
is conducted by a further education corporation, and
(b)
mainly serves the population of England.
(2)
But no more than two members of the governing body of a given institution may at any given time have been appointed under this section.
(3)
A member of the governing body of an institution who was appointed before the relevant commencement date by the Learning and Skills Council for England under section 11 of the Learning and Skills Act 2000 is, on and after that date, to be treated for the purposes of subsection (2) of this section as appointed by the Chief Executive under this section.
(4)
“The relevant commencement date” is the date on which section 123 of the Apprenticeships, Skills, Children and Learning Act 2009 comes into force.”
9
(1)
Section 56B (intervention policy: England) is amended as follows.
(2)
In subsection (1)—
(a)
for “Learning and Skills Council for England” substitute “
Chief Executive
”
;
(b)
in paragraph (a), for “its policy with respect to the exercise of its powers” substitute “
policy with respect to the exercise of the Chief Executive's powers
”
;
(c)
“(c)
if the Chief Executive considers it appropriate in consequence of a review, prepare a revised statement of policy.”
(3)
In subsection (2)—
(a)
for “council” substitute “
Chief Executive
”
;
(b)
in paragraph (a), for “it thinks” substitute “
the Chief Executive thinks
”
;
(c)
in paragraph (b), for “made to it” substitute “
made to the Chief Executive
”
.
(4)
In subsection (3)—
(a)
for “council” substitute “
Chief Executive
”
;
(b)
omit “its”.
(5)
In subsection (4), for “council” substitute “
Chief Executive
”
.
(6)
In subsection (5)—
(a)
for “council” substitute “
Chief Executive
”
;
(b)
for “prepared by it” substitute “
prepared under subsection (1)
”
.
(7)
In subsection (7)—
(a)
for “council” substitute “
Chief Executive
”
;
(b)
for paragraphs (a) and (b) substitute “
any statement or revised statement received under subsection (6).
”
(8)
In subsection (8)—
(a)
for “council” substitute “
Chief Executive
”
;
(b)
for “its powers” substitute “
the Chief Executive's powers
”
.
10
(1)
Section 56C (directions) is amended as follows.
(2)
In subsection (1)(b), for “Learning and Skills Council for England” substitute “
Chief Executive
”
.
(3)
In subsection (2)—
(a)
for “council” substitute “
Chief Executive
”
;
(b)
for “council's” substitute “Chief Executive's”.
(4)
In subsection (3), for “council”, in both places where it occurs, substitute “
Chief Executive
”
.
(5)
In subsection (4)—
(a)
for “council” substitute “
Chief Executive
”
;
(b)
omit “to it”.
(6)
In subsection (5), for “council”, in both places where it occurs, substitute “
Chief Executive
”
.
11
“56DNotification by LEA or YPLA of possible grounds for intervention
(1)
This section applies if a relevant body is of the view that any of the matters listed in section 56A(2) applies in relation to an institution in England within the further education sector, other than a sixth form college.
(2)
The relevant body must notify the Chief Executive of that view.
(3)
The Chief Executive must have regard to the relevant body's view in deciding whether to exercise the powers under section 56A.
(4)
“Relevant body” means a local education authority or the YPLA.”
12
In Schedule 4 (instruments and articles of government for further education corporations) in paragraph 1A—
(a)
“(a)
the Chief Executive of Skills Funding under section 56AA,”;
(b)
in paragraph (b), for “that Act” substitute “
the Learning and Skills Act 2000
”
.
Education Act 1996 (c. 56)
13
In section 13(2)(a)
(general responsibility for education) for “Learning and Skills Council for England” substitute “
Chief Executive of Skills Funding
”
.
Learning and Skills Act 2000 (c. 21)
14
The Learning and Skills Act 2000 is amended as follows.
15
Omit section 1 (the Learning and Skills Council for England).
16
Omit section 2 (duties of Learning and Skills Council: education and training for persons aged 16 to 19).
17
Omit section 3 (duties of Learning and Skills Council: education and training for persons over 19).
18
Omit section 4 (encouragement of education and training).
19
Omit sections 4A to 4C (learning aims for persons aged 19 and over).
20
Omit section 5 (provision of financial resources).
21
Omit section 6 (financial resources: conditions).
22
Omit section 7 (funding of school sixth forms).
23
Omit section 8 (links between education and training and employment).
24
Omit section 9 (assessments and means tests).
25
Omit section 10 (qualifying accounts and arrangements).
26
Omit section 11 (further education: governors).
27
Omit section 11A (support schemes relating to education and training for persons aged 10 to 15).
28
Omit section 12 (research and information).
29
Omit section 13 (persons with learning difficulties).
30
Omit section 14 (equality of opportunity).
31
Omit section 14A (consultation).
32
Omit section 15 (plans).
33
Omit section 16 (strategy).
34
Omit section 17 (use of information by Learning and Skills Council).
35
Omit section 18 (supplementary functions).
36
Omit sections 18A to 18C (regional councils).
37
Omit sections 24A to 24C (strategies for functions of the Learning and Skills Council).
38
Omit section 25 (directions).
39
Omit section 26 (committees).
40
Omit section 27 (grants to Learning and Skills Council).
41
Omit section 28 (annual report).
42
Omit section 29 (Council's financial year).
43
Omit section 97 (external qualifications: persons over 19).
44
(1)
Section 98 (approved qualifications: England) is amended as follows.
(2)
In subsection (1), for “sections 96 and 97 in their application” substitute “
section 96 in its application
”
.
(3)
Omit subsection (2A).
45
(1)
Section 99 (approved qualifications: Wales) is amended as follows.
(2)
In subsection (1), for “sections 96 and 97 in their application” substitute “
section 96 in its application
”
.
(3)
Omit subsection (2A).
46
In section 100 (authorised bodies) for “sections 96 and 97 in their application”, in both places where the words occur, substitute “
section 96 in its application
”
.
47
In section 101 (enforcement: England) in subsection (1)—
(a)
for “sections 96 and 97 in their application” substitute “
section 96 in its application
”
;
(b)
after paragraph (a) insert “
or
”
;
(c)
omit paragraph (c) (and the word “or” before it).
48
In section 102 (enforcement: Wales) in subsection (1)—
(a)
for “sections 96 and 97 in their application” substitute “
section 96 in its application
”
;
(b)
after paragraph (a) insert “
or
”
;
(c)
omit paragraph (c) (and the word “or” before it).
49
(1)
Section 113A (restructuring of sixth form education) is amended as follows.
(2)
Omit subsections (1), (4)(aa), (5), (7), (8) and (9)(f).
(3)
In subsection (11)—
(a)
in the definition of “regulations” omit paragraph (a) (and the “and” after it);
(b)
in the definition of “relevant authority” omit paragraph (a) (and the “and” after it).
50
Omit Schedule 1 (the Learning and Skills Council for England).
51
Omit Schedule 1A (learning aims for persons aged 19 and over).
52
Omit Schedule 3 (committees (England)).
53
(1)
Schedule 7A (implementation of proposals for restructuring sixth form education) is amended as follows.
(2)
In paragraph 1, omit “approved or” and “approval or”, wherever occurring.
(3)
In paragraph 3(4), omit paragraph (a).
(4)
Omit paragraphs 5(1), 6(1) and 7(1) and (2).
Education Act 2002 (c. 32)
54
The Education Act 2002 is amended as follows.
55
“208ARecoupment: adjustment between local education authorities and the YPLA
(1)
This section applies in relation to the following cases—
(a)
the YPLA secures the provision of education under section 66 of the Apprenticeships, Skills, Children and Learning Act 2009 in respect of a person who belongs to the area of a local education authority in England or Wales (“the home authority”);
(b)
a local education authority in England or Wales (“the providing authority”) secures the provision of education within section 66(1) or (3) of that Act in respect of a person who belongs to the area of a local education authority in England.
(2)
Regulations made by the appropriate national authority may make provision—
(a)
in relation to cases within subsection (1)(a), requiring or authorising the payment of an amount by the home authority to the YPLA;
(b)
in relation to cases within subsection (1)(b), requiring or authorising the payment of an amount by the YPLA to the providing authority.
(3)
The amounts that may be required or authorised to be paid are such sums in respect of amounts described in the regulations as may be—
(a)
agreed between the YPLA and the local education authority in question, or
(b)
failing agreement, determined in accordance with the regulations.
(4)
The regulations may provide for the amounts payable—
(a)
to reflect the whole or any part of the average costs incurred by local education authorities in the provision of education (whether in England and Wales as a whole or in any particular area or areas), and
(b)
to be based on figures for average costs determined by such body or bodies representing local education authorities, or on such other figures relating to costs so incurred, as the appropriate national authority thinks appropriate.
(5)
Regulations made under this section by the Welsh Ministers may provide that, in cases specified in or determined in accordance with the regulations, the amounts payable are to be determined by the Welsh Ministers with the consent of the Secretary of State.
(6)
In a case where the providing authority is a local education authority in Wales, a dispute between the providing authority and the YPLA as to whether the providing authority is entitled to be paid an amount by the YPLA under the regulations is to be determined by the Welsh Ministers with the consent of the Secretary of State.
(7)
In this section—
“the appropriate national authority” means—
(a)
in relation to a case where the providing authority is a local education authority in Wales, the Welsh Ministers;
(b)
in relation to any other case, the Secretary of State;
“the YPLA” means the Young People's Learning Agency for England.”
56
In section 210(6A)
(orders and regulations: provisions subject to annulment by National Assembly for Wales) after “section 32(9)” insert “
or section 208A
”
.
Education Act 2005 (c. 18)
57
In section 108 of the Education Act 2005 (supply of information: education maintenance allowances), in subsection (3)—
(a)
in paragraph (b) for “Learning and Skills Council for England” substitute “
Chief Executive of Skills Funding
”
;
(b)
“(ba)
the Young People's Learning Agency for England;”;
(c)
in paragraph (f) for the words from “the Secretary of State” to the end substitute “
a person within paragraphs (a) to (e)
”
.
Education and Inspections Act 2006 (c. 40)
58
The Education and Inspections Act 2006 is amended as follows.
59
Section 75 (education and training to satisfy entitlements) ceases to have effect.
Further Education and Training Act 2007 (c. 25)
60
The Further Education and Training Act 2007 is amended as follows.
61
Sections 11 to 13 (provision by Learning and Skills Council for England of services and assistance in respect of employment and training) cease to have effect.
62
Sections 14 to 16 (transfer of functions of Secretary of State in relation to further education corporations to the Learning and Skills Council for England) cease to have effect.
Schedule 7Learning and Skills Council for England: transfer schemes
Staff transfer schemes
1
The Secretary of State may make a scheme (a “staff transfer scheme”) providing for the transfer of designated employees of the LSC—
(a)
to a permitted transferee, or
(b)
so as to become employed in the civil service of the state.
2
(1)
This paragraph applies where a staff transfer scheme provides for the transfer of an employee of the LSC to a permitted transferee or so as to become employed in the civil service of the state.
(2)
The scheme must provide for the TUPE regulations to apply (to the extent that they would not otherwise apply) as if—
(a)
any transfer of functions (however effected and described) from the LSC to a permitted transferee or the Crown were a transfer of an undertaking;
(b)
the transfer of the undertaking took effect on a designated date;
(c)
the transfer of the undertaking were a relevant transfer for the purposes of the regulations;
(d)
the employee had for those purposes been assigned to an organised grouping of resources or employees that was subject to the relevant transfer.
3
(1)
This paragraph applies where a staff transfer scheme provides for a transfer of an employee of the LSC so as to become employed in the civil service of the state on terms which do not constitute a contract of employment.
(2)
The scheme must provide for the TUPE regulations to apply with the necessary modifications.
4
A staff transfer scheme may provide for the transfer of an employee of the LSC to a permitted transferee or so as to become employed in the civil service of the state despite any provisions, of whatever nature, which would otherwise prevent the employee from being so transferred.
Property transfer schemes
5
(1)
The Secretary of State may make a scheme (a “property transfer scheme”) providing for the transfer from the LSC of designated property, rights or liabilities of the LSC to—
(a)
a permitted transferee,
(b)
the Secretary of State, or
(c)
the Chief Executive of Skills Funding.
(2)
A property transfer scheme may—
(a)
create rights, or impose liabilities, in relation to property or rights transferred by virtue of the scheme;
(b)
provide for anything done by or in relation to the LSC in connection with any property, rights or liabilities transferred by the scheme to be treated as done, or to be continued, by or in relation to the person to whom the property, rights or liabilities in question are transferred;
(c)
apportion property, rights and liabilities;
(d)
make provision about the continuation of legal proceedings.
(3)
The things that may be transferred by a property transfer scheme include—
(a)
property, rights and liabilities that could not otherwise be transferred;
(b)
property acquired, and rights and liabilities arising, after the making of the scheme.
Continuity
6
A transfer by virtue of a staff transfer scheme or a property transfer scheme does not affect the validity of anything done by or in relation to the LSC before the transfer takes effect.
Supplementary provision etc.
7
A staff transfer scheme or a property transfer scheme may include supplementary, incidental, transitional and consequential provision.
Interpretation
8
In this Schedule—
“designated”, in relation to a staff transfer scheme or a property transfer scheme, means specified in, or determined in accordance with, the scheme;
“the LSC” means the Learning and Skills Council for England;
“permitted transferee” means—
(a)
a local education authority in England;
(b)
the Young People's Learning Agency for England;
(c)
any other person specified in an order made by the Secretary of State;
“the TUPE regulations” means the Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246).
Schedule 8Sixth form college sector
1
The Further and Higher Education Act 1992 (c. 13) is amended as follows.
2
In section 17(1)
(meaning of “further education corporation”) after “by virtue of section” insert “
33D or
”
.
3
“Sixth form college corporations: England
33AInitial designation of existing bodies corporate as sixth form college corporations
(1)
The Secretary of State may by order designate a body corporate within subsection (2) as a sixth form college corporation, for the purpose of conducting an educational institution specified in the order.
(2)
A body corporate is within this subsection if it is—
(a)
a further education corporation established in respect of an institution in England, or
(b)
a body corporate established by an order under section 143(4) of the Learning and Skills Act 2000 in respect of an institution in England.
(3)
On the date specified in the order—
(a)
a body corporate within subsection (2)(a) ceases to be a further education corporation and becomes a sixth form college corporation;
(b)
a body corporate within subsection (2)(b) ceases to be subject to the order under section 143(4) of the Learning and Skills Act 2000 establishing it and becomes a sixth form college corporation;
(c)
in the case of a body corporate within subsection (2)(b), a designation under section 28 which has effect in relation to the relevant sixth form college ceases to have effect.
(4)
An order under subsection (1) may—
(a)
make provision for the continuity of the body corporate, including provision for the continuation of the instrument and articles of government of the body and the relevant sixth form college;
(b)
make provision as to the initial name of the corporation as a sixth form college corporation.
(5)
The power conferred by subsection (1)—
(a)
is exercisable only once;
(b)
is not exercisable after the date specified in an order made by the Secretary of State.
33BSubsequent designation of existing bodies corporate as sixth form college corporations
(1)
The Secretary of State may by order designate a body corporate within subsection (2) as a sixth form college corporation, for the purpose of conducting an educational institution specified in the order.
(2)
A body corporate is within this subsection if it is—
(a)
a further education corporation established in respect of an institution in England, or
(b)
a body corporate established by an order under section 143(4) of the Learning and Skills Act 2000 in respect of an institution in England.
(3)
An order under subsection (1) may be made only if—
(a)
an application for the order has been made by the governing body of the institution mentioned in subsection (2)(a) or (b), and
(b)
the institution is one within subsection (4).
(4)
An institution is within this subsection if it appears to the Secretary of State that on the date on which the application is made at least 80% of its total enrolment number will be persons over compulsory school age but under 19.
(5)
The total enrolment number of an institution is to be calculated in accordance with paragraph 1(2) of Schedule 3.
(6)
On the date specified in the order—
(a)
a body corporate within subsection (2)(a) ceases to be a further education corporation and becomes a sixth form college corporation;
(b)
a body corporate within subsection (2)(b) ceases to be subject to the order under section 143(4) of the Learning and Skills Act 2000 establishing it and becomes a sixth form college corporation;
(c)
in the case of a body corporate within subsection (2)(b), a designation under section 28 which has effect in relation to the relevant sixth form college ceases to have effect.
(7)
An order under subsection (1) may—
(a)
make provision for the continuity of the body corporate, including provision for the continuation of the instrument and articles of government of the body and the relevant sixth form college;
(b)
make provision as to the initial name of the corporation as a sixth form college corporation.
(8)
The power conferred by subsection (1) is exercisable only after the date specified in an order under section 33A(5)(b).
33CEstablishment of new bodies corporate as sixth form college corporations
(1)
The Secretary of State may by order make provision for the establishment of a body corporate as a sixth form college corporation, for the purpose of establishing and conducting an educational institution specified in the order.
(2)
An order under subsection (1) may be made only if—
(a)
a proposal relating to the order has been made by the responsible local education authority and it appears to the Secretary of State that the requirements in subsection (3) have been met in relation to the proposal, and
(b)
it appears to the Secretary of State that the institution will when established be one within subsection (4).
(3)
The requirements are that—
(a)
the authority have published the proposal by the prescribed time and in the prescribed manner;
(b)
the proposal as published contained prescribed information;
(c)
the authority have considered any representations about the proposal made to them within the prescribed period.
(4)
An institution is within this subsection if—
(a)
the institution is in England, and
(b)
on the date on which it is proposed to be established, at least 80% of its total enrolment number will be persons over compulsory school age but under 19.
(5)
The total enrolment number of an institution is to be calculated in accordance with paragraph 1(2) of Schedule 3.
(6)
An order under subsection (1)—
(a)
must provide for the institution to be established and conducted by the body corporate as from the date specified in the order;
(b)
may make provision as to the initial name of the corporation as a sixth form college corporation.
33DConversion of sixth form college corporations into further education corporations
(1)
The Secretary of State may by order convert a sixth form college corporation into a further education corporation.
(2)
An order under subsection (1) may be made only if—
(a)
an application for the order has been made by the governing body of the relevant sixth form college, or
(b)
the Secretary of State is satisfied that it is no longer appropriate for the body to be a sixth form college corporation.
(3)
An application under subsection (2)(a) may not be made during the period of two years beginning with the date on which the body's designation or establishment as a sixth form college corporation takes effect.
(4)
The Secretary of State must consult the governing body of the relevant sixth form college before making an order under subsection (1) in a case within subsection (2)(b).
(5)
On the date specified in the order, the body ceases to be a sixth form college corporation and becomes a further education corporation.
(6)
An order under subsection (1) may—
(a)
make provision for the continuity of the body corporate, including provision for the continuation of the instrument and articles of government of the body and the relevant sixth form college;
(b)
make provision as to the initial name of the corporation as a further education corporation.
33EPrincipal powers of a sixth form college corporation
(1)
A sixth form college corporation may do any of the following—
(a)
provide further and higher education,
(b)
provide secondary education suitable to the requirements of persons who have attained the age of 14,
(c)
provide education which is secondary education by virtue of section 2(2B) of the Education Act 1996,
(d)
participate in the provision of secondary education at a school,
(e)
supply goods or services in connection with their provision of education.
(2)
The powers conferred by subsection (1) are referred to in section 33F as the corporation's principal powers.
(3)
A sixth form college corporation may not provide education of a kind specified in subsection (1)(b), (c) or (d) unless they have consulted such local education authorities as they consider appropriate.
(4)
For the purposes of subsection (1), goods are supplied in connection with the provision of education by a sixth form college corporation if they result from—
(a)
their provision of education or anything done by them under this Act for the purpose of or in connection with their provision of education,
(b)
the use of their facilities or the expertise of persons employed by them in the fields in which they are so employed, or
(c)
ideas of a person employed by them, or one of their students, arising out of their provision of education.
(5)
For the purposes of subsection (1), services are supplied in connection with the provision of education by a sixth form college corporation if—
(a)
they result from their provision of education or anything done by them under this Act for the purpose of or in connection with their provision of education,
(b)
they are provided by making available their facilities or the expertise of persons employed by them in the fields in which they are so employed, or
(c)
they result from ideas of a person employed by them, or of one of their students, arising out of their provision of education.
33FSupplementary powers of a sixth form college corporation
(1)
A sixth form college corporation may do anything (including in particular the things referred to in subsections (2) to (6)) which appears to the corporation to be necessary or expedient for the purpose of or in connection with the exercise of any of their principal powers.
(2)
A sixth form college corporation may conduct an educational establishment for the purpose of carrying on activities undertaken in the exercise of their powers to provide further or higher education.
(3)
In particular, a sixth form college corporation may conduct the relevant sixth form college as from the date specified in the order designating or establishing the corporation as a sixth form college corporation.
(4)
A sixth form college corporation may provide facilities of any description appearing to the corporation to be necessary or desirable for the purposes of or in connection with carrying on any activities undertaken in the exercise of their principal powers.
(5)
The facilities include—
(a)
boarding accommodation and recreational facilities for students and staff, and
(b)
facilities to meet the needs of students with learning difficulties.
(6)
A sixth form college corporation may—
(a)
acquire and dispose of land and other property,
(b)
enter into contracts, including in particular—
(i)
contracts for the employment of teachers and other staff for the purposes of or in connection with carrying on any activities undertaken in the exercise of their principal powers, and
(ii)
contracts with respect to the carrying on by the corporation of any such activities,
(c)
form, participate in forming or invest in a company,
(d)
form, participate in forming or otherwise become a member of a charitable incorporated organisation (within the meaning of section 69A of the Charities Act 1993),
(e)
borrow such sums as the corporation think fit for the purposes of—
(i)
carrying on any activities they have power to carry on, or
(ii)
meeting any liability transferred to them under sections 23 to 27,
(f)
in connection with their borrowing, grant any mortgage, charge or other security in respect of any land or other property of the corporation,
(g)
invest any sums not immediately required for the purpose of carrying on any activities they have power to carry on,
(h)
accept gifts of money, land or other property and apply it, or hold and administer it on trust for, any of those purposes,
(i)
do anything incidental to the conduct of an educational institution providing further or higher education, including founding scholarships or exhibitions, making grants and giving prizes.
(7)
The powers conferred by subsection (6) are subject to section 33G.
(8)
For the purposes of this section a person has a learning difficulty if—
(a)
the person has a significantly greater difficulty in learning than the majority of persons of the same age, or
(b)
the person has a disability which either prevents or hinders the person from making use of facilities of a kind generally provided by institutions within the further education sector for persons of the same age.
(9)
But a person is not to be taken to have a learning difficulty solely because the language (or form of language) in which the person is or will be taught is different from a language (or form of language) which has at any time been spoken in the person's home.
(10)
A reference in this section or section 33G to investing in a company includes a reference to becoming a member of the company and to investing in it by the acquisition of any assets, securities or rights or otherwise.
(11)
A sixth form college corporation may provide advice or assistance to any other person where it appears to the corporation to be appropriate for them to do so for the purpose of or in connection with the provision of education by the other person.
33GFurther provision about supplementary powers
(1)
The power conferred by section 33F(6)(c) may not be exercised for the purpose of—
(a)
conducting an educational institution, or
(b)
investing in a company conducting an educational institution.
(2)
The power conferred by section 33F(6)(d) may not be exercised for the purpose of—
(a)
conducting an educational institution, or
(b)
becoming a member of a charitable incorporated organisation conducting an educational institution.
(3)
But a restriction on the exercise of a power imposed by subsection (1) or (2) does not apply to the extent that the responsible local education authority consent to the exercise of the power in a way which does not comply with the restriction.
(4)
Neither the power conferred by section 33F(6)(c) nor the power conferred by section 33F(6)(d) may be exercised for the purposes of the provision of education if the provision is secured (wholly or partly) by financial resources provided by a relevant funding body.
(5)
But subsection (4) does not apply to the extent that the relevant funding body consents to the exercise of the power in question in a way which does not comply with the restriction in that subsection.
(6)
The power conferred on a sixth form college corporation by section 33F(6)(e) to borrow money may not be exercised without the consent of the responsible local education authority.
(7)
Consent under subsection (6) may be given for particular borrowing or for borrowing of a particular class.
(8)
In this section “relevant funding body” means a local education authority, the YPLA or the Chief Executive of Skills Funding.
33HDuty in relation to promotion of well-being of local area
(1)
In exercising their functions under sections 33E and 33F, a sixth form college corporation must have regard, amongst other things, to the objective of promoting the economic and social well-being of the local area.
(2)
In subsection (1)—
(a)
“the local area”, in relation to a sixth form college corporation, means the locality of the relevant sixth form college, and
(b)
a reference to the well-being of an area includes a reference to the well-being of people who live or work in that area.
33IConstitution of sixth form college corporation and conduct of sixth form college
(1)
For every sixth form college corporation there is to be—
(a)
an instrument providing for the constitution of the corporation (to be known as the instrument of government), and
(b)
an instrument in accordance with which the corporation, and the relevant sixth form college, are to be conducted (to be known as articles of government).
(2)
Instruments of government and articles of government—
(a)
must comply with the requirements of Schedule 4, and
(b)
may make any provision authorised to be made by that Schedule and such other provision as may be necessary or desirable.
(3)
Subsection (2) is subject to section 33J.
(4)
The validity of any proceedings of a sixth form college corporation, or of any committee of the corporation, is not affected by—
(a)
a vacancy among the members, or
(b)
a defect in the appointment or nomination of a member.
(5)
Subsection (6) applies to a document purporting to be an instrument made or issued by or on behalf of a sixth form college corporation and to be—
(a)
duly executed under the seal of the corporation, or
(b)
signed or executed by a person authorised by the corporation to act in that behalf.
(6)
The document is to be received in evidence and treated, without further proof, as being made or issued by or on behalf of the corporation unless the contrary is shown.
33JSpecial provision for certain institutions
(1)
Despite anything in section 33I, the instrument of government of a sixth form college corporation to which this section applies must provide—
(a)
for the governing body of the relevant sixth form college to include persons appointed for the purpose of securing so far as practicable that the established character of the sixth form college is preserved and developed and, in particular, that the sixth form college is conducted in accordance with any trust deed relating to it, and
(b)
for the majority of members of the governing body of the relevant sixth form college to be such governors.
(2)
This section applies to a sixth form college corporation in respect of which the relevant sixth form college is specified, or falls within a class specified, by the Secretary of State by order.
(3)
The reference in subsection (1)(a) to the established character of a sixth form college is, in relation to a sixth form college established shortly before or at the same time as the designation or establishment of the sixth form college corporation in respect of which it is the relevant sixth form college, a reference to the character which the sixth form college is intended to have on its establishment.
33KInstrument and articles of new sixth form college corporations
(1)
The first instrument of government and articles of government of a sixth form college corporation established under section 33C are to be made by the YPLA.
(2)
Before making an instrument or articles for a sixth form college corporation under this section the YPLA must consult the corporation.
33LChanges to instruments and articles
(1)
The YPLA may—
(a)
if a sixth form college corporation submits a draft of an instrument of government to have effect in place of their existing instrument, by order make a new instrument of government in terms of the draft or in such terms as it thinks fit, and
(b)
if a sixth form college corporation submits draft modifications of an instrument made under paragraph (a), by order modify the instrument in terms of the draft or in such terms as it thinks fit.
(2)
The YPLA may not make a new instrument otherwise than in terms of the draft, or modify the instrument otherwise than in terms of the draft, unless it has consulted the corporation.
(3)
The YPLA may by order modify, replace or revoke an instrument of government or articles of government of a sixth form college corporation.
(4)
An order under subsection (3)—
(a)
may relate to all sixth form college corporations, to a category of sixth form college corporations specified in the order or to a sixth form college corporation specified in the order, but
(b)
may not be made unless the YPLA has consulted each sixth form college corporation to which the order relates.
(5)
A sixth form college corporation may, with the consent of the YPLA—
(a)
make new articles of government in place of their existing articles, or
(b)
modify their existing articles.
(6)
The YPLA may by a direction under this section require sixth form college corporations, a class of sixth form college corporations specified in the direction or any particular sixth form college corporation specified in the direction—
(a)
to modify, replace or revoke their articles of government in any manner specified in the direction, or
(b)
to secure that any rules or bye-laws made in pursuance of their articles of government are modified, replaced or revoked in any manner specified in the direction.
(7)
Before giving a direction under this section the YPLA must consult the sixth form college corporation or (as the case may be) each sixth form college corporation to which the direction applies.
33MCharitable status of a sixth form college corporation
A sixth form college corporation is a charity within the meaning of the Charities Act 1993.
33NDissolution of sixth form college corporations
(1)
Subject to the following provisions of this section, the Secretary of State may by order provide for—
(a)
the dissolution of a sixth form college corporation, and
(b)
the transfer to a person mentioned in subsection (4) or (6) of property, rights and liabilities of the corporation.
(2)
An order under subsection (1) may be made only if a proposal relating to the order has been made by the responsible local education authority and it appears to the Secretary of State that the requirements in subsection (3) have been met in relation to the proposal.
(3)
The requirements are that—
(a)
the authority have published the proposal by the prescribed time and in the prescribed manner;
(b)
the proposal as published contained prescribed information;
(c)
the authority have considered any representations about the proposal made to them within the prescribed period.
(4)
Property, rights and liabilities may (subject to subsection (5)) be transferred to—
(a)
a person appearing to the Secretary of State to be wholly or mainly engaged in the provision of educational facilities or services of any description, or
(b)
a body corporate established for purposes which include the provision of such facilities or services.
(5)
Property, rights and liabilities may be transferred to a person or body under subsection (4) only with the consent of the person or body.
(6)
Property, rights and liabilities may be transferred to the responsible local education authority.
(7)
Where the recipient of a transfer under an order under this section is not a charity established for charitable purposes which are exclusively educational purposes, any property transferred must be transferred on trust to be used for charitable purposes which are exclusively educational purposes.
(8)
An order under this section may make provision about the transfer of staff (including provision applying section 26 with such modifications as the Secretary of State may consider necessary or desirable).
(9)
Before making an order under this section in respect of a sixth form college corporation the Secretary of State must consult—
(a)
the corporation, and
(b)
the YPLA.
(10)
In this section “charity” and “charitable purposes” have the same meanings as in the Charities Act 1993.”
4
In section 34(1)
(making additional property available for use) after “institution within the further education sector” insert “
other than a sixth form college
”
.
5
“(aa)
by a sixth form college corporation by virtue of section 33E(1)(b) or (c) of this Act,”.
6
In section 56A(1)
(intervention: England) after “institution in England within the further education sector” insert “
other than a sixth form college
”
.
7
In section 56C(1)
(directions as to exercise of section 56A powers) after “institution in England within the further education sector” insert “
other than a sixth form college
”
.
8
“56EIntervention by LEAs: sixth form colleges
(1)
This section applies in relation to a sixth form college if the responsible local education authority are satisfied as to one or more the matters listed in subsection (2) in relation to the sixth form college; and it is immaterial whether or not a complaint is made by any person.
(2)
The matters are—
(a)
that the sixth form college's affairs have been or are being mismanaged by its governing body;
(b)
that the sixth form college's governing body have failed to discharge any duty imposed on them by or for the purposes of any Act;
(c)
that the sixth form college's governing body have acted or are proposing to act unreasonably with respect to the exercise of any power conferred or the performance of any duty imposed by or under any Act;
(d)
that the sixth form college is performing significantly less well than it might in all the circumstances reasonably be expected to perform, or is failing or likely to fail to give an accepted standard of education or training.
(3)
If this section applies the authority may do one or more of the things listed in subsection (6).
(4)
Before doing one or more of those things, the authority must give the Secretary of State and the YPLA a notice stating—
(a)
the matter or matters listed in subsection (2) as to which the authority are satisfied;
(b)
the reasons why the authority are so satisfied;
(c)
the thing or things that the authority propose to do;
(d)
the reasons why the authority propose to do that thing or those things.
(5)
If the authority do one or more of those things, the authority must at the same time give the sixth form college's governing body a notice stating—
(a)
the matter or matters listed in subsection (2) as to which the authority are satisfied;
(b)
the reasons why the authority have decided to do that thing or those things.
(6)
The authority may—
(a)
remove all or any of the members of the sixth form college's governing body;
(b)
appoint new members of that body if there are vacancies (however arising);
(c)
give to that body such directions as the authority think expedient as to the exercise of the body's powers and performance of the body's duties.
(7)
The directions that may be given to a governing body under this section include a direction requiring a governing body to make collaboration arrangements (within the meaning of section 166 of the Education and Inspections Act 2006) with such bodies and on such terms as may be specified in the direction.
(8)
Directions may be given to a governing body under this section despite any enactment making the exercise of a power or performance of a duty contingent on the body's opinion.
(9)
The authority may not direct a governing body under subsection (6)(c) to dismiss a member of staff.
(10)
But subsection (9) does not prevent the authority, where the authority consider that it may be appropriate to dismiss a member of staff whom the governing body have power under the governing body's articles of government to dismiss, from giving the governing body such directions under this section as are necessary to secure that the procedures applicable to the consideration of the case for dismissal of that member of staff are given effect to in relation to that member of staff.
(11)
A governing body must comply with any directions given to them under this section.
(12)
An appointment of a member of a governing body under this section shall have effect as if made in accordance with the governing body's instrument of government and articles of government.
56FAppointment by LEAs of members of sixth form college governing body
(1)
The responsible local education authority for a sixth form college may appoint a person to be a member of the governing body of the sixth form college.
(2)
But no more than two members of the governing body of a sixth form college may at any given time have been appointed under this section.
(3)
Before exercising the power conferred by subsection (1) in relation to a governing body, the responsible local education authority must consult the governing body.
(4)
A member of the governing body of a sixth form college who was appointed before the relevant commencement date by the Learning and Skills Council for England under section 11 of the Learning and Skills Act 2000 is, on and after that date, to be treated for the purposes of subsection (2) of this section as appointed by the responsible local education authority under this section.
(5)
“The relevant commencement date” is the date on which section 123 of the Apprenticeships, Skills, Children and Learning Act 2009 comes into force.
56GIntervention policy: sixth form colleges
(1)
The YPLA must—
(a)
prepare a statement of the policy to be followed by local education authorities with respect to the exercise of their powers under section 56E,
(b)
keep the statement under review, and
(c)
if it considers it appropriate in consequence of a review, prepare a revised statement.
(2)
When preparing a statement or revised statement, the YPLA must—
(a)
undertake such consultation as it thinks appropriate;
(b)
consider any representations made to it about the policy to be set out in the statement.
(3)
Guidance given to the YPLA under section 76 of the Apprenticeships, Skills, Children and Learning Act 2009 in connection with the performance of its functions under this section may, in particular, relate to the form and content of the policy to be set out in a statement or revised statement.
(4)
The YPLA must send a copy of the statement or revised statement prepared by it to the Secretary of State.
(5)
If the Secretary of State approves it the Secretary of State must lay a copy of it before each House of Parliament.
(6)
The YPLA must publish—
(a)
the statement of its policy approved by the Secretary of State;
(b)
where the Secretary of State approves a revised statement of its policy, the revised statement.
(7)
A local education authority must have regard to the statement most recently published under subsection (6) in exercising, or deciding whether to exercise, any of their powers under section 56E in relation to a sixth form college.
56HIntervention by YPLA
(1)
This section applies if—
(a)
the YPLA proposes to secure the provision of education or training at a sixth form college in the exercise of the power conferred by section 66 of the Apprenticeships, Skills, Children and Learning Act 2009, and
(b)
the YPLA is satisfied—
(i)
as to one or more of the matters listed in section 56E(2) in relation to the sixth form college, and
(ii)
that the circumstances are such that it would be appropriate for the responsible local education authority to do one or more of the things listed in section 56E(6) in relation to the sixth form college.
(2)
If this section applies the YPLA may do one or more of the things listed in subsection (5).
(3)
Before doing one or more of those things, the YPLA must give the Secretary of State a notice stating—
(a)
the matter or matters listed in section 56E(2) as to which the YPLA is satisfied;
(b)
the reasons why the YPLA is so satisfied;
(c)
the thing or things that the YPLA proposes to do;
(d)
the reasons why the YPLA proposes to do that thing or those things.
(4)
If the YPLA does one or more of those things, it must at the same time give the sixth form college's governing body a notice stating—
(a)
the matter or matters listed in section 56E(2) as to which the YPLA is satisfied;
(b)
the reasons why the YPLA has decided to do that thing or those things.
(5)
The YPLA may—
(a)
remove all or any of the members of the sixth form college's governing body;
(b)
appoint new members of that body if there are vacancies (however arising);
(c)
give to that body such directions as the YPLA thinks expedient as to the exercise of the body's powers and performance of the body's duties.
(6)
The directions that may be given to a governing body under this section include a direction requiring a governing body to make collaboration arrangements (within the meaning of section 166 of the Education and Inspections Act 2006) with such bodies and on such terms as may be specified in the direction.
(7)
Directions may be given to a governing body under this section despite any enactment making the exercise of a power or performance of a duty contingent on the body's opinion.
(8)
The YPLA may not direct a governing body under subsection (5)(c) to dismiss a member of staff.
(9)
But subsection (8) does not prevent the YPLA, where it considers that it may be appropriate to dismiss a member of staff whom the governing body have power to dismiss under their articles of government, from giving the governing body such directions under this section as are necessary to secure that the procedures applicable to the consideration of the case for dismissal of that member of staff are given effect to in relation to that member of staff.
(10)
A governing body must comply with any directions given to them under this section.
(11)
An appointment of a member of a governing body under this section shall have effect as if made in accordance with the governing body's instrument of government and articles of government.
56IAppointment by YPLA of members of sixth form college governing body
(1)
The YPLA may appoint a person to be a member of the governing body of a sixth form college.
(2)
But no more than two members of the governing body of a sixth form college may at any given time have been appointed under this section.
(3)
Before exercising the power conferred by subsection (1) in relation to a governing body, the YPLA must consult the governing body.
(4)
A member of the governing body of a sixth form college who was appointed before the relevant commencement date by the Learning and Skills Council for England under section 11 of the Learning and Skills Act 2000 is, on and after that date, to be treated for the purposes of subsection (2) of this section as appointed by the YPLA under this section.
(5)
“The relevant commencement date” is the date on which section 123 of the Apprenticeships, Skills, Children and Learning Act 2009 comes into force.
56JNotification by Chief Executive of Skills Funding of possible grounds for intervention
(1)
This section applies if the Chief Executive of Skills Funding is of the view that any of the matters listed in section 56E(2) applies in relation to a sixth form college.
(2)
The Chief Executive must notify the responsible local education authority and the YPLA of that view.
(3)
The responsible local education authority must have regard to the Chief Executive's view in deciding whether to exercise their powers under section 56E.
(4)
The YPLA must have regard to the Chief Executive's view in deciding whether to exercise its powers under section 56H.”
9
In section 88(1)
(stamp duty) after “32,” insert “
33N,
”
.
10
In section 88A(1)
(stamp duty land tax) after “32” insert “
, 33N
”
.
11
(1)
Section 89 (orders, regulations and directions) is amended as follows.
(2)
In subsection (2)—
(a)
after “30(2)(b),” insert “
33A(5)(b),
”
;
(b)
after “those sections” insert “
or section 33L
”
.
(3)
In subsection (4) for “Secretary of State” substitute “
person or body making the order or regulations
”
.
(4)
“(5)
Section 570 of the Education Act 1996 (revocation and variation) applies to directions given by any person or body under this Act as it applies to directions given by the Secretary of State or a local education authority under that Act.”
12
(1)
Section 90(1) (interpretation) is amended as follows.
(2)
In paragraph (a) of the definition of “governing body” after “further education corporation” insert “
, a sixth form college corporation
”
.
(3)
““the relevant sixth form college”, in relation to a sixth form college corporation, means the educational institution specified in the order under this Act designating the corporation as a sixth form college corporation or establishing it as such,
“the responsible local education authority”—
(a)
in relation to a proposal relating to the establishment of a sixth form college corporation, means the local education authority in whose area the relevant sixth form college, or its main site, is proposed to be situated;
(b)
in relation to a sixth form college corporation, means the local education authority in whose area the relevant sixth form college, or its main site, is situated;
(c)
in relation to a sixth form college, means the local education authority in whose area the sixth form college, or its main site, is situated,
“sixth form college corporation” means a body corporate—
(a)
designated as a sixth form college corporation under section 33A or 33B, or
(b)
established under section 33C,
“the YPLA” means the Young People's Learning Agency for England.”
(4)
“(2ZA)
The Secretary of State may give guidance on which of a sixth form college's sites is to be taken to be its main site for the purposes of the definition of “the responsible local education authority” in subsection (1).”
13
(1)
Section 91 (interpretation of Education Acts) is amended as follows.
(2)
“and
(c)
sixth form colleges,”
(3)
“(3A)
References to sixth form colleges are to institutions conducted by sixth form college corporations.”
14
“relevant sixth form college
section 90(1)”
“responsible local education authority
section 90(1)”
“sixth form college
section 91(3A)”
“sixth form college corporation
section 90(1)”
“the YPLA
section 90(1)”
15
(1)
Schedule 4 (instruments and articles of government for further education corporations) is amended as follows.
(2)
“1
In this Schedule—
“instrument” means an instrument of government or articles of government;
“the institution” means—
(a)
in the case of a further education corporation, the institution which the corporation is established to conduct;
(b)
in the case of a sixth form college corporation, the relevant sixth form college.”
(3)
In paragraph 1A, after “appointment of members” insert “
of a further education corporation
”
.
(4)
“1B
Provision made by an instrument under this Schedule in relation to the appointment of members of a sixth form college corporation must take into account the members who may be appointed by—
(a)
the responsible local education authority under section 56F;
(b)
the YPLA under section 56I.”
(5)
In paragraph 2(1) after “further education corporation” insert “
or sixth form college corporation
”
.
(6)
In the title, after “further education corporations” insert “
and sixth form college corporations
”
.
Schedule 9The Office of Qualifications and Examinations Regulation
Status
1
Ofqual is to perform its functions on behalf of the Crown.
Membership
2
(1)
Ofqual is to consist of—
(a)
a member appointed by Her Majesty by Order in Council to chair Ofqual,
(b)
between 7 and 12 members appointed by the Secretary of State (the “ordinary members”), and
(c)
the chief executive of Ofqual.
(2)
The person appointed by Her Majesty to chair Ofqual is to be known as the Chief Regulator of Qualifications and Examinations (“the Chief Regulator”).
(3)
Ofqual may appoint one of the ordinary members as deputy to the Chief Regulator (“the deputy”).
(4)
Before appointing a person as an ordinary member, the Secretary of State must consult the Chief Regulator or the deputy (subject to sub-paragraph (6)).
(5)
The Secretary of State may consult the deputy instead of the Chief Regulator only if satisfied that—
(a)
it is not practicable to consult the Chief Regulator, and
(b)
it is necessary to make the appointment before it would be practicable to do so.
(6)
The Secretary of State may appoint a person as an ordinary member without consulting either the Chief Regulator or the deputy if satisfied that—
(a)
it is not practicable to consult either of those persons, and
(b)
it is necessary to make the appointment before it would be practicable to do so.
(7)
One of the ordinary members (“the Northern Ireland member”) must be a person appointed following consultation with the Department for Employment and Learning in Northern Ireland.
The Chief Regulator
3
(1)
The Chief Regulator holds and vacates office in accordance with the terms of the appointment.
(2)
Those terms are to be determined by the Secretary of State, subject to the following provisions of this Schedule.
(3)
The Chief Regulator must not be appointed for a term of more than 5 years.
(4)
The Chief Regulator may resign from office at any time by giving written notice to the Secretary of State.
(5)
Her Majesty may remove the Chief Regulator from office on either of the following grounds—
(a)
inability or unfitness to carry out the duties of office;
(b)
absence from Ofqual's meetings for a continuous period of more than 6 months without Ofqual's permission.
(6)
The previous appointment of a person as Chief Regulator does not affect the person's eligibility for re-appointment.
The deputy and other ordinary members: tenure
4
(1)
The deputy and other ordinary members hold and vacate office in accordance with the terms of their appointments, subject to the following provisions of this Schedule.
(2)
An ordinary member must not be appointed for a term of more than 5 years.
(3)
The deputy may resign from office at any time by giving written notice to Ofqual.
(4)
The ordinary members may resign from office at any time by giving written notice to the Secretary of State
(5)
Ofqual may remove the deputy from office if Ofqual thinks it appropriate to do so.
(6)
The Secretary of State may remove an ordinary member from office on either of the following grounds—
(a)
inability or unfitness to carry out the duties of office;
(b)
absence from Ofqual's meetings for a continuous period of more than 6 months without Ofqual's permission.
(7)
Before removing an ordinary member from office, the Secretary of State must consult the Chief Regulator or the deputy (subject to sub-paragraph (9)).
(8)
The Secretary of State may consult the deputy instead of the Chief Regulator only if—
(a)
the ordinary member to be removed from office is not the deputy, and
(b)
the Secretary of State is satisfied that—
(i)
it is not practicable to consult the Chief Regulator, and
(ii)
it is necessary to remove the ordinary member from office before it would be practicable to do so.
(9)
The Secretary of State may remove an ordinary member from office without consulting either the Chief Regulator or the deputy if satisfied that—
(a)
if the ordinary member to be removed from office is the deputy, sub-paragraph (10) applies;
(b)
in any other case, sub-paragraph (11) applies.
(10)
This sub-paragraph applies if—
(a)
it is not practicable to consult the Chief Regulator, and
(b)
it is necessary to remove the ordinary member from office before it would be practicable to do so.
(11)
This sub-paragraph applies if—
(a)
it is not practicable to consult either the Chief Regulator or the deputy, and
(b)
it is necessary to remove the ordinary member from office before it would be practicable to do so.
(12)
The Secretary of State must consult the Department for Employment and Learning in Northern Ireland before removing the Northern Ireland member from office.
(13)
The previous appointment of a person as the deputy or another ordinary member does not affect the person's eligibility for re-appointment.
(14)
If the deputy ceases to be an ordinary member, the person also ceases to be the deputy.
Remuneration etc. of Chief Regulator and ordinary members
5
(1)
Ofqual must, if the Secretary of State requires it to do so, pay remuneration, allowances and expenses to the Chief Regulator and any of the ordinary members.
(2)
Ofqual must, if the Secretary of State requires it to do so, pay, or make provision for the payment of, a pension, allowances or gratuities to or in respect of a current or former Chief Regulator or ordinary member.
(3)
If a person ceases to be Chief Regulator or an ordinary member and the Secretary of State decides that the person should be compensated because of special circumstances, Ofqual must pay compensation to the person.
(4)
The amount of a payment under this paragraph is to be determined by the Secretary of State.
Chief executive and other staff
6
(1)
The first chief executive is to be appointed by the Secretary of State, on conditions of service determined by the Secretary of State.
(2)
Later chief executives are to be appointed by Ofqual, on conditions of service determined by Ofqual.
(3)
The appointment and conditions of service of a later chief executive are subject to the approval of the Secretary of State.
(4)
Ofqual may appoint other members of staff.
(5)
The following are to be determined by Ofqual with the approval of the Secretary of State—
(a)
the number of other members of staff of Ofqual;
(b)
their conditions of service.
Committees
7
(1)
Ofqual may establish committees, and any committee established by Ofqual may establish sub-committees.
(2)
Ofqual may—
(a)
dissolve a sub-committee established under sub-paragraph (1), or
(b)
alter the purposes for which such a sub-committee is established.
(3)
In this Schedule a committee or sub-committee established under sub-paragraph (1) is referred to as an “Ofqual committee”.
(4)
An Ofqual committee must include at least one member of Ofqual or Ofqual's staff.
(5)
Ofqual may arrange for the payment of remuneration, allowances and expenses to any person who—
(a)
is a member of an Ofqual committee, but
(b)
is not a member of Ofqual or Ofqual's staff.
(6)
Ofqual must at least once in any 5 year period review—
(a)
the structure of Ofqual committees, and
(b)
the scope of each Ofqual committee's activities.
(7)
The first review under sub-paragraph (6) must be completed not later than the day which is the end of the period of 5 years beginning with the day on which section 127 comes into force.
8
(1)
Ofqual and any other person may establish a committee jointly.
(2)
In this Schedule a committee established under sub-paragraph (1) is referred to as a “joint committee”.
(3)
A joint committee may establish sub-committees.
(4)
In this Schedule a sub-committee established under sub-paragraph (3) is referred to as a “joint sub-committee”.
(5)
A joint committee and a joint sub-committee must include at least one member of Ofqual or Ofqual's staff.
(6)
Ofqual may arrange for the payment of remuneration, allowances and expenses to any person who—
(a)
is a member of a joint committee or a joint sub-committee, but
(b)
is not a member of Ofqual or Ofqual's staff.
Procedure etc.
9
(1)
Ofqual may regulate—
(a)
its own proceedings (including quorum), and
(b)
the procedure (including quorum) of Ofqual committees.
(2)
A joint committee may regulate—
(a)
its own procedure (including quorum), and
(b)
the procedure (including quorum) of any sub-committee established by it.
(3)
The validity of proceedings of Ofqual, or of an Ofqual committee, a joint committee or joint sub-committee is not affected by—
(a)
a vacancy;
(b)
a defective appointment.
Delegation
10
(1)
Ofqual may delegate any of its functions to—
(a)
a member of Ofqual or Ofqual's staff;
(b)
a committee established by Ofqual;
(c)
a joint committee.
(2)
A function is delegated under this paragraph to the extent and on the terms that Ofqual determines.
11
(1)
A committee established by Ofqual or a joint committee may delegate any of its functions to a sub-committee established by it.
(2)
A function is delegated under this paragraph to the extent and on the terms that the committee determines.
(3)
The power of a committee established by Ofqual to delegate a function under this paragraph, and to determine the extent and terms of the delegation, are subject to Ofqual's powers to direct what a committee established by it may and may not do.
(4)
The power of a joint committee to delegate a function under this paragraph, and to determine the extent and terms of the delegation, are subject to the power of Ofqual and any other person with whom Ofqual established the joint committee to direct (acting jointly) what the committee may and may not do.
Documents
12
The application of Ofqual's seal is authenticated by the signatures of—
(a)
two members of Ofqual, or
(b)
one member of Ofqual and another person who has been authorised (generally or specifically) for that purpose by Ofqual.
13
The Documentary Evidence Act 1868 (c. 37) has effect in relation to Ofqual as if—
(a)
Ofqual were included in the first column of the Schedule to that Act,
(b)
any member or other person authorised to act on Ofqual's behalf were mentioned in the second column of that Schedule, and
(c)
the regulations referred to in that Act included any document issued by Ofqual or under its authority.
Supplementary powers
14
(1)
Ofqual may do anything that it considers necessary or appropriate for the purposes of, or in connection with, its functions.
(2)
The power in sub-paragraph (1) is subject to any restrictions imposed by or under any provision of any Act.
(3)
Ofqual may not lend money.
Schedule 10QCA: transfer schemes
Staff transfer schemes
1
(1)
The Secretary of State may make a scheme (a “staff transfer scheme”) providing—
(a)
for a designated employee of the QCDA to become a member of Ofqual's staff and, accordingly, to become employed in the civil service of the state;
(b)
so far as may be consistent with employment in the civil service of the state, for the terms and conditions of the employee's employment to have effect as if they were the conditions of service as a member of Ofqual's staff;
(c)
for the transfer to Ofqual of the rights, powers, duties and liabilities of the QCDA under or in connection with the employee's contract of employment;
(d)
for anything done (or having effect as if done) before that transfer by or in relation to the QCDA in respect of such a contract or the employee to be treated as having been done by or in relation to Ofqual.
(2)
A staff transfer scheme may provide for a period before a person became a member of Ofqual's staff to count as a period during which the person was a member of Ofqual's staff (and for the operation of the scheme not to be treated as having interrupted the continuity of that period).
(3)
A staff transfer scheme may provide for an employee of the QCDA who would otherwise become a member of Ofqual's staff not to become such a member of staff if the employee gives notice objecting to the operation of the scheme in relation to the employee.
(4)
A staff transfer scheme may provide for any person who would be treated (whether by an enactment or otherwise) as being dismissed by the operation of the scheme not to be so treated.
(5)
A staff transfer scheme may provide for an employee of the QCDA to become a member of Ofqual's staff despite any provision, of whatever nature, which would otherwise prevent the person from being employed in the civil service of the state.
Property transfer schemes
2
(1)
The Secretary of State may make a scheme (a “property transfer scheme”) providing for the transfer from the QCDA to Ofqual of designated property, rights or liabilities.
(2)
A property transfer scheme may—
(a)
create rights, or impose liabilities, in relation to property or rights transferred by virtue of the scheme;
(b)
provide for anything done by or in relation to the QCDA in connection with any property, rights or liabilities transferred by the scheme to be treated as done, or to be continued, by or in relation to Ofqual;
(c)
apportion property, rights and liabilities;
(d)
make provision about the continuation of legal proceedings.
(3)
The things that may be transferred by a property transfer scheme include—
(a)
property, rights and liabilities that could not otherwise be transferred;
(b)
property acquired, and rights and liabilities arising, after the making of the scheme.
Continuity
3
A transfer by virtue of a staff transfer scheme or a property transfer scheme does not affect the validity of anything done by or in relation to the QCDA before the transfer takes effect.
Supplementary provision etc.
4
A staff transfer scheme or a property transfer scheme may include supplementary, incidental, transitional and consequential provision.
Interpretation
5
In this Schedule—
“designated”, in relation to a staff transfer scheme or a property transfer scheme, means specified in, or determined in accordance with, the scheme;
“the QCDA” means the Qualifications and Curriculum Authority, to be known instead as the Qualifications and Curriculum Development Agency by virtue of section 175.
Schedule 11The Qualifications and Curriculum Development Agency
Status
1
(1)
The QCDA is not to be regarded—
(a)
as a servant or agent of the Crown, or
(b)
as enjoying any status, immunity or privilege of the Crown.
(2)
The QCDA's property is not to be regarded—
(a)
as property of the Crown, or
(b)
as property held on behalf of the Crown.
Membership
2
(1)
The QCDA is to consist of—
(a)
between 8 and 13 members appointed by the Secretary of State (the “ordinary members”), and
(b)
the chief officer of the QCDA.
(2)
The Secretary of State—
(a)
must appoint one of the ordinary members to chair the QCDA (“the chair”), and
(b)
may appoint another ordinary member as deputy to the chair (“the deputy”).
Chief officer
3
(1)
The chief officer is to be appointed by the QCDA, on conditions of service determined by the QCDA.
(2)
The appointment and conditions of service of the chief officer are subject to the approval of the Secretary of State.
Chair and chief officer: division of functions
4
(1)
The Secretary of State may confer additional functions in relation to the QCDA on the chair.
(2)
The functions for the time being conferred on the chief officer of the QCDA must not include any function for the time being conferred under sub-paragraph (1) on the chair.
Tenure
5
(1)
The chair, the deputy and other ordinary members hold and vacate office in accordance with the terms of their appointments, subject to the following provisions of this Schedule.
(2)
An ordinary member must not be appointed for a term of more than 5 years.
(3)
The chair, the deputy and other ordinary members may resign from office at any time by giving written notice to the Secretary of State.
(4)
The Secretary of State may remove the deputy from office if the Secretary of State thinks it appropriate to do so.
(5)
The Secretary of State may remove an ordinary member from office on either of the following grounds—
(a)
inability or unfitness to carry out the duties of office;
(b)
absence from the QCDA's meetings for a continuous period of more than 6 months without the QCDA's permission.
(6)
The previous appointment of a person as the chair, the deputy or another ordinary member does not affect the person's eligibility for re-appointment.
(7)
If the chair or the deputy ceases to be an ordinary member, the person also ceases to be the chair or the deputy.
Remuneration etc. of ordinary members
6
(1)
The QCDA must, if the Secretary of State requires it to do so, pay remuneration, allowances and expenses to any of the ordinary members.
(2)
The QCDA must, if the Secretary of State requires it to do so, pay, or make provision for the payment of, a pension, allowances or gratuities to or in respect of a current or former ordinary member.
(3)
If a person ceases to be an ordinary member and the Secretary of State decides that the person should be compensated because of special circumstances, the QCDA must pay compensation to the person.
(4)
The amount of a payment under this paragraph is to be determined by the Secretary of State.
Staff
7
(1)
The QCDA may appoint staff.
(2)
The following are to be determined by the QCDA with the approval of the Secretary of State—
(a)
the number of members of staff of the QCDA;
(b)
their conditions of service.
8
(1)
Employment with the QCDA is to be included among the kinds of employment to which a scheme under section 1 of the Superannuation Act 1972 (c. 11) (superannuation schemes as respects civil servants, etc.) can apply.
(2)
The QCDA must pay to the Minister for the Civil Service, at such times as the Minister may direct, such sums as the Minister may determine in respect of increases attributable to this paragraph in the sums payable under the Superannuation Act 1972 out of money provided by Parliament.
(3)
Sub-paragraph (4) applies if a member of staff of the QCDA (“E”)—
(a)
is, by reference to employment with the QCDA, a participant in a scheme under section 1 of the Superannuation Act 1972, and
(b)
is also a member of the QCDA.
(4)
The Secretary of State may determine that E's service as a member of the QCDA is to be treated for the purposes of the scheme as service as a member of staff of the QCDA (whether or not any benefits are payable to or in respect of E by virtue of paragraph 6(2)).
Committees
9
(1)
The QCDA may establish committees, and any committee established under this sub-paragraph may establish sub-committees.
(2)
If so directed by the Secretary of State, the QCDA must establish a committee for the purpose specified in the direction.
(3)
A direction under sub-paragraph (2) may specify—
(a)
the number of members of the committee,
(b)
the terms and conditions on which members of the committee hold and vacate office,
(c)
the circumstances in which the committee may establish sub-committees, and
(d)
the circumstances in which the QCDA can dissolve the committee and any sub-committee established by the committee.
(4)
The QCDA may—
(a)
dissolve a sub-committee established under sub-paragraph (1), or
(b)
alter the purposes for which such a sub-committee is established.
(5)
In this Schedule a committee or sub-committee established under sub-paragraph (1) or (2) is referred to as a “QCDA committee”.
(6)
A QCDA committee must include at least one member of the QCDA or the QCDA's staff.
(7)
The QCDA may arrange for the payment of remuneration, allowances and expenses to any person who—
(a)
is a member of a QCDA committee, but
(b)
is not a member of the QCDA or the QCDA's staff.
(8)
The QCDA must at least once in any 5 year period review—
(a)
the structure of QCDA committees, and
(b)
the scope of each QCDA committee's activities.
(9)
The first review under sub-paragraph (8) must be completed not later than the day which is the end of the period of 5 years beginning with the day on which section 175 comes into force.
10
(1)
The QCDA and any other person may establish a committee jointly.
(2)
In this Schedule a committee established under sub-paragraph (1) is referred to as a “joint committee”.
(3)
A joint committee may establish sub-committees.
(4)
In this Schedule a sub-committee established under sub-paragraph (3) is referred to as a “joint sub-committee”.
(5)
A joint committee and a joint sub-committee must include at least one member of the QCDA or the QCDA's staff.
(6)
The QCDA may arrange for the payment of remuneration, allowances and expenses to any person who—
(a)
is a member of a joint committee or a joint sub-committee, but
(b)
is not a member of the QCDA or the QCDA's staff.
Procedure etc.
11
(1)
The QCDA may regulate—
(a)
its own proceedings (including quorum), and
(b)
the procedure (including quorum) of QCDA committees.
(2)
A joint committee may regulate—
(a)
its own procedure (including quorum), and
(b)
the procedure (including quorum) of any sub-committee established by it.
(3)
The validity of proceedings of the QCDA, or of a QCDA committee, joint committee or joint sub-committee is not affected by—
(a)
a vacancy;
(b)
a defective appointment.
12
(1)
The following have the right to attend meetings of the QCDA, and of QCDA committees, joint committees and joint sub-committees—
(a)
the Secretary of State;
(b)
a representative of the Secretary of State;
(c)
Her Majesty's Chief Inspector of Education, Children's Services and Skills;
(d)
a representative of the Chief Inspector;
(e)
a representative of such other body as the Secretary of State may direct.
(2)
A person attending a meeting of the QCDA, or of a QCDA committee, joint committee or joint sub-committee under sub-paragraph (1) may take part in its deliberations (but not its decisions).
(3)
If a person with a right to attend a meeting of the QCDA, or of a QCDA committee, joint committee or joint sub-committee requests it, the QCDA must provide the person with all information relating to the meeting that—
(a)
has been distributed to members of the QCDA or of the QCDA committee, joint committee or joint sub-committee, and
(b)
is likely to be needed by the person in order to take part in the meeting.
Delegation
13
(1)
The QCDA may delegate any of its functions to—
(a)
a member of the QCDA or the QCDA's staff;
(b)
a committee established by the QCDA;
(c)
a joint committee.
(2)
A function is delegated under this paragraph to the extent and on the terms that the QCDA determines.
14
(1)
A committee established by the QCDA or a joint committee may delegate any of its functions to a sub-committee established by it.
(2)
A function is delegated under this paragraph to the extent and on the terms that the committee determines.
(3)
The power of a committee established by the QCDA to delegate a function under this paragraph, and to determine the extent and terms of the delegation, are subject to the powers of the QCDA and (in the case of a committee established under paragraph 9(2)) the Secretary of State to direct what the committee may and may not do.
(4)
The power of a joint committee to delegate a function under this paragraph, and to determine the extent and terms of the delegation, are subject to the power of the QCDA and any other person with whom the QCDA established the joint committee to direct (acting jointly) what the committee may and may not do.
15
The Secretary of State may authorise any committee established under paragraph 9(2) to perform such of the QCDA's functions as are specified in the direction given under that provision.
Reports
16
(1)
As soon as reasonably practicable after the end of each financial year the QCDA must prepare an annual report for the financial year.
(2)
The annual report must state how the QCDA has performed its functions in the financial year.
(3)
The QCDA must publish each annual report and send a copy to the Secretary of State.
(4)
The Secretary of State must lay before Parliament a copy of each annual report received under sub-paragraph (3).
Accounts
17
(1)
The QCDA must—
(a)
keep proper accounts and proper records in relation to the accounts, and
(b)
prepare annual accounts in respect of each financial year.
(2)
The annual accounts must comply with any directions given by the Secretary of State as to—
(a)
the information to be contained in them,
(b)
the manner in which the information contained in them is to be presented, or
(c)
the methods and principles according to which the annual accounts are to be prepared.
(3)
Before the end of the month of August next following each financial year, the QCDA must send copies of the annual accounts for the year to—
(a)
the Secretary of State, and
(b)
the Comptroller and Auditor General.
(4)
The Comptroller and Auditor General must—
(a)
examine, certify and report on the annual accounts, and
(b)
give a copy of the report to the Secretary of State.
(5)
The Secretary of State must lay before Parliament—
(a)
a copy of any annual accounts received under sub-paragraph (3), and
(b)
a copy of each report received under sub-paragraph (4).
Documents
18
The application of the QCDA's seal is authenticated by the signatures of—
(a)
two members of the QCDA, or
(b)
one member of the QCDA and another person who has been authorised (generally or specifically) for that purpose by the QCDA.
19
Any document purporting to be an instrument made or issued by or on behalf of the QCDA, and to be duly executed by a person authorised by the QCDA in that behalf—
(a)
is to be received in evidence, and
(b)
is to be taken to be made or issued in that way, unless the contrary is shown.
Funding
20
(1)
The Secretary of State may make grants to the QCDA.
(2)
Grants to the QCDA under this paragraph are to be made at such times and subject to such conditions (if any) as the Secretary of State thinks appropriate.
Supplementary powers
21
(1)
The QCDA may do anything that it considers necessary or appropriate for the purposes of, or in connection with, its functions.
(2)
The power in sub-paragraph (1) is subject to any restrictions imposed by or under any provision of any Act.
(3)
The QCDA may not do either of the following without the consent of the Secretary of State—
(a)
form bodies corporate or unincorporate;
(b)
enter into joint ventures with other persons.
Schedule 12Ofqual and the QCDA: minor and consequential amendments
Public Records Act 1958 (c. 51)
1
In paragraph 3 of Schedule 1 to the Public Records Act 1958, in Part 2 of the Table (definition of public records: other establishments and organisations) for “Qualifications and Curriculum Authority” substitute “
Qualifications and Curriculum Development Agency
”
.
Parliamentary Commissioner Act 1967 (c. 13)
2
(1)
Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc. subject to investigation) is amended as follows.
(2)
At the appropriate place insert— “
Office of Qualifications and Examinations Regulation.
”
(3)
For “Qualifications and Curriculum Authority” substitute “
Qualifications and Curriculum Development Agency
”
.
Local Authorities (Goods and Services) Act 1970 (c. 39)
3
(1)
Subject to sub-paragraph (2), in the Local Authorities (Goods and Services) Act 1970 (supply of goods and services by local authorities to public bodies) “public body” includes the Qualifications and Curriculum Development Agency.
(2)
The provision in sub-paragraph (1) has effect as if made by an order made by the Secretary of State under section 1(5) of that Act (power to provide that a person is to be a public body for the purposes of the Act) and accordingly may be varied or revoked by such an order.
Superannuation Act 1972 (c. 11)
4
In Schedule 1 to the Superannuation Act 1972 (kinds of employment, etc, referred to in section 1 of that Act) under the heading “Other bodies” for “The Qualifications and Curriculum Authority” substitute “
The Qualifications and Curriculum Development Agency
”
.
House of Commons Disqualification Act 1975 (c. 24)
5
(1)
Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 (other disqualifying offices) is amended as follows.
(2)
For the entry relating to members of the Qualifications and Curriculum Authority substitute— “
Any member of the Qualifications and Curriculum Development Agency (continued under section 175 of the Apprenticeships, Skills, Children and Learning Act 2009) in receipt of remuneration.
”
(3)
At the appropriate place insert— “
The Chief Regulator of Qualifications and Examinations and any member of the Office of Qualifications and Examinations Regulation in receipt of remuneration.
”
Northern Ireland Assembly Disqualification Act 1975 (c. 25)
6
In Part 3 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (other disqualifying offices) at the appropriate place insert— “
The Chief Regulator of Qualifications and Examinations and any member of the Office of Qualifications and Examinations Regulation in receipt of remuneration.
”
Race Relations Act 1976 (c. 74)
7
In Part 2 of Schedule 1A to the Race Relations Act 1976 (bodies etc. subject to general statutory duty which were added after commencement of the duty) for “The Qualifications and Curriculum Authority” substitute “
The Qualifications and Curriculum Development Agency
”
.
Charities Act 1993 (c. 10)
8
In Schedule 2 to the Charities Act 1993 (exempt charities) omit paragraph (da).
Education Act 1996 (c. 56)
9
The Education Act 1996 is amended as follows.
10
In section 391(10)
(functions of advisory councils) in paragraph (a) for “Qualifications and Curriculum Authority” substitute “
Qualifications and Curriculum Development Agency
”
.
11
(1)
Section 408 (provision of information) is amended as follows.
(2)
In subsection (1)(a) after “2002” insert “
or the provisions of Parts 7 and 8 of the Apprenticeships, Skills, Children and Learning Act 2009
”
.
(3)
In subsection (2)(e)—
(a)
for “external” substitute “
relevant
”
;
(b)
after “2000)” insert “
which are approved under section 98 or 99 of that Act
”
.
Education Act 1997 (c. 44)
12
The Education Act 1997 is amended as follows.
13
Sections 21 to 26A (the Qualifications and Curriculum Authority) cease to have effect.
14
“(5)
In this section—
“assessment” includes examination and test;
“funded nursery education” has the meaning given by section 98 of the Education Act 2002;
“maintained school” means—
(a)
any community, foundation or voluntary school, and
(b)
any community or foundation special school.
(6)
In the definition of “maintained school”, the reference to a community, foundation or voluntary school or to a community or foundation special school, is a reference to such a school within the meaning of the School Standards and Framework Act 1998.”
15
(1)
Section 30 (functions of the Welsh Ministers in relation to external vocational and academic qualifications) is amended as follows.
(2)
“(1)
This section applies for the purposes of the following functions—
(a)
to keep under review all aspects of relevant qualifications;
(b)
to provide support and advice to any person providing courses leading to relevant qualifications with a view to establishing and maintaining high standards in the provision of such courses;
(c)
to publish and disseminate, and assist in the publication and dissemination of, information relating to relevant qualifications;
(d)
to develop and publish criteria for the recognition of any person who awards or authenticates a relevant qualification;
(e)
to recognise in respect of the award or authentication of a specified relevant qualification or description of relevant qualification, any person who meets such criteria and applies to be so recognised;
(f)
to determine that a specified relevant qualification or description of relevant qualification is to be subject to a requirement of accreditation;
(g)
in respect of relevant qualifications which are subject to that requirement, to develop and publish criteria for the accreditation of particular forms of any such qualifications;
(h)
where a relevant qualification is subject to that requirement, to accredit a particular form of the qualification which meets such criteria and is submitted for accreditation by a person recognised under paragraph (e) in respect of the qualification;
(i)
to publish and disseminate, and assist in the publication and dissemination of, information relating to persons recognised under paragraph (e);
(j)
to make arrangements (whether or not with others) for the development, setting or administration of tests or tasks which fall to be undertaken with a view to obtaining relevant qualifications and which fall within a prescribed description.”
(3)
In subsection (1A)—
(a)
for “(1)(d)” substitute “
(1)(g)
”
;
(b)
for “(e)” substitute “
(h)
”
.
(4)
For subsection (1B) substitute—
“(1B)
The functions set out in subsection (1) are exercisable solely by the Welsh Ministers.”
(5)
Omit subsections (1C), (1D) and (2).
(6)
“(5)
In this Chapter “relevant qualification” means an academic or vocational qualification awarded or authenticated in Wales other than an excluded qualification.
(5A)
An excluded qualification is any of the following—
(a)
a foundation degree;
(b)
a first degree;
(c)
a degree at a higher level.
(5B)
For the purposes of subsection (5) a qualification is awarded or authenticated in Wales if there are, or may reasonably be expected to be, persons seeking to obtain the qualification who are, will be or may reasonably be expected to be assessed for those purposes wholly or mainly in Wales.
(5C)
In this section and sections 32 to 32C a reference to the award or authentication of a qualification includes a reference to—
(a)
the award or authentication of credits in respect of components of a qualification, and
(b)
the award or authentication of a qualification by a person either alone or jointly with others.”
(7)
Omit subsection (6).
(8)
In the title, for “external vocational and academic” substitute “
relevant
”
.
16
(1)
Section 32 (supplementary provisions relating to discharge by the Welsh Ministers of their functions) is amended as follows.
(2)
In subsection (1)(c)—
(a)
in sub-paragraph (ii) before “requirements” insert “
reasonable
”
;
(b)
“(iii)
the reasonable requirements of persons with learning difficulties.”
(3)
“(a)
limiting the amount of a fee that can be charged for the award or authentication of, or for the provision of any other service in relation to, the qualification in question;”.
(4)
Omit subsection (4A).
(5)
“(6)
In this section “persons with learning difficulties” means—
(a)
children with special educational needs (as defined in section 312 of the Education Act 1996), and
(b)
other persons who—
(i)
have a significantly greater difficulty in learning than the majority of persons of their age, or
(ii)
have a disability which either prevents or hinders them from making use of educational facilities of a kind generally provided for persons of their age.
(7)
But a person is not to be taken to have a learning difficulty solely because the language (or form of language) in which the person is or will be taught is different from a language (or form of language) which has at any time been spoken in the person's home.”
17
“32ZAQualifications functions of Welsh Ministers: co-operation and joint working etc.
(1)
The Welsh Ministers may co-operate or work jointly with a relevant authority where it is appropriate to do so in connection with the carrying out of any of their qualifications functions.
(2)
The Welsh Ministers may provide information to a relevant authority for the purpose of enabling or facilitating the carrying out of a relevant function of the authority.
(3)
Subject to subsection (4), the Welsh Ministers and any other relevant authority may establish a committee jointly, and any committee so established may establish sub-committees.
(4)
The Welsh Ministers may only exercise the power in subsection (3) if they consider it appropriate to do so for the purpose of the carrying out of any of their qualifications functions.
(5)
In this section a committee established under subsection (3) is referred to as a “joint committee” and a sub-committee established under that subsection is referred to as a “joint sub-committee”.
(6)
A joint committee and a joint sub-committee must include at least one member of staff of the Welsh Assembly Government.
(7)
A joint committee may regulate—
(a)
its own procedure (including quorum), and
(b)
the procedure (including quorum) of any sub-committee established by it.
(8)
The validity of proceedings of a joint committee or a joint sub-committee is not affected by—
(a)
a vacancy, or
(b)
a defective appointment.
(9)
The Welsh Ministers may delegate any of their qualifications functions to a joint committee to the extent and on the terms that they determine.
(10)
A joint committee may delegate any of its functions to a sub-committee established by it to the extent and on the terms that the joint committee determines.
(11)
The powers of a joint committee under subsection (10) are subject to the power of the Welsh Ministers and any other person with whom they established the joint committee to direct (acting jointly) what the committee may and may not do.
(12)
Nothing in subsection (2)—
(a)
affects any power to disclose information that exists apart from that subsection, or
(b)
authorises the disclosure of information in contravention of any provision made by or under any Act which prevents disclosure of the information.
(13)
In this section—
“qualifications functions” means functions in connection with relevant qualifications;
“relevant authority” means any person who carries out a function (whether or not in the United Kingdom) which is similar to any of the qualifications functions of the Welsh Ministers;
“relevant function” means a function which is similar to any of the qualifications functions of the Welsh Ministers.”
18
(1)
Section 32A (power of the Welsh Ministers to give directions) is amended as follows.
(2)
In subsection (1)(b)(i) for “any qualification accredited by them or by the Qualifications and Curriculum Authority” substitute “
any qualification in respect of which that person is recognised by them or by the Office of Qualifications and Examinations Regulation
”
.
(3)
In subsection (5) after “this section” insert “
and sections 32B and 32C
”
.
(4)
Omit subsection (6).
19
“32BPower of Welsh Ministers to withdraw recognition
(1)
Subsection (2) applies if a recognised person has failed to comply with any condition subject to which the recognition has effect.
(2)
The Welsh Ministers may withdraw recognition from the recognised person in respect of the award or authentication of a specified qualification or a specified description of qualification if it appears to them that the failure mentioned in subsection (1) prejudices or would be likely to prejudice—
(a)
the proper award or authentication by the person of the qualification or a qualification of the description in question, or
(b)
persons who might reasonably be expected to seek to obtain the qualification or a qualification of the description in question awarded or authenticated by the person.
(3)
Subsection (4) applies if a recognised person who awards or authenticates a qualification accredited by the Welsh Ministers has failed to comply with any condition subject to which the accreditation has effect.
(4)
The Welsh Ministers may withdraw recognition from the recognised person in respect of the qualification if it appears to them that the failure mentioned in subsection (3) prejudices or would be likely to prejudice—
(a)
the proper award or authentication by the person of the qualification, or
(b)
persons who might reasonably be expected to seek to obtain the qualification.
(5)
Before withdrawing recognition from a recognised person in any respect the Welsh Ministers must give notice to the person of their intention to do so.
(6)
The notice must—
(a)
set out the Welsh Ministers' reasons for proposing to withdraw recognition from the recognised person in the respect in question, and
(b)
specify the period during which, and the way in which, the recognised person may make representations about the proposal.
(7)
The Welsh Ministers must have regard to any representations made by the recognised person during the period specified in the notice in deciding whether to withdraw recognition from the person in the respect in question.
(8)
If the Welsh Ministers decide to withdraw recognition from a recognised person they must give notice to the person of their decision and of the date on which the withdrawal is to take effect.
(9)
At any time before a withdrawal takes effect the Welsh Ministers may vary the date on which it is to take effect by giving further notice to the recognised person.
(10)
The Welsh Ministers must establish arrangements for the review, at the request of a recognised person, of a decision to withdraw recognition under this section.
(11)
The arrangements established under subsection (10) may require or permit the decision on review to be made by a person other than the Welsh Ministers.”
“32CSurrender of recognition
(1)
A recognised person may give notice to the Welsh Ministers that the person wishes to cease to be recognised in respect of the award or authentication of a specified qualification or description of qualification.
(2)
As soon as reasonably practicable after receipt of a notice under subsection (1) the Welsh Ministers must give notice to the recognised person of the date on which the person is to cease to be recognised in the respect in question (“the surrender date”).
(3)
At any time before the surrender date the Welsh Ministers may vary that date by giving further notice to the recognised person.
(4)
In deciding or varying the surrender date the Welsh Ministers must have regard to the need to avoid prejudicing persons who are seeking, or might reasonably be expected to seek, to obtain the qualification, or a qualification of the description, specified in the notice under subsection (1).”
20
In section 35(1)
(transfer of staff) at the end insert “
, known instead as the Qualifications and Curriculum Development Agency from the day on which section 175 of the Apprenticeships, Skills, Children and Learning Act 2009 comes into force
”
.
21
Section 36 (levy on bodies awarding qualifications accredited by relevant body) ceases to have effect.
22
In section 54(1) (orders and regulations) omit “, except an order under section 25 or 31,”.
23
In section 58(6) (short title, commencement and extent etc)—
(a)
omit the entries for—
(i)
sections 21 and 22,
(ii)
section 24(4), (6) and (7),
(iii)
sections 26 and 26A, and
(iv)
Schedule 4;
(b)
for “34 to 36” substitute “
35
”
.
24
Schedule 4 (the Qualifications and Curriculum Authority) ceases to have effect.
25
In Schedule 7 (minor and consequential amendments) omit paragraph 2.
Learning and Skills Act 2000 (c. 21)
26
The Learning and Skills Act 2000 is amended as follows.
27
(1)
Section 96 (external qualifications: persons under 19) is amended as follows.
(2)
In subsection (1)(b) for “an external qualification” substitute “
a relevant qualification
”
.
(3)
In subsection (2) for “external” substitute “
relevant
”
.
(4)
“(5)
In this section “a relevant qualification”—
(a)
in relation to England, means a qualification to which Part 7 of the Apprenticeships, Skills, Children and Learning Act 2009 applies;
(b)
in relation to Wales, has the same meaning as in section 30 of the Education Act 1997.”
28
(1)
Section 98 (approved qualifications: England) is amended as follows.
(2)
“(2B)
A qualification may be approved only if—
(a)
the conditions mentioned in subsection (2C) are satisfied in relation to the qualification, or
(b)
the Office of Qualifications and Examinations Regulation is consulted before the approval is given.
(2C)
The conditions are that—
(a)
the qualification is a regulated qualification within the meaning of Part 7 of the Apprenticeships, Skills, Children and Learning Act 2009, and
(b)
if the qualification is subject to the accreditation requirement (within the meaning of Chapter 2 of that Part), it is accredited under section 139 of that Act.”
(3)
In subsections (7) and (8) for “Qualifications and Curriculum Authority” substitute “
Qualifications and Curriculum Development Agency or the Young People's Learning Agency for England
”
.
29
(1)
In section 99 (approved qualifications: Wales) is amended as follows.
(2)
In subsection (2)—
(a)
“(za)
the conditions mentioned in subsection (2ZA) are then satisfied in relation to the qualification,”;
(b)
in paragraphs (a) and (b) after “then” insert “
otherwise
”
.
(3)
“(2ZA)
The conditions are that—
(a)
the qualification is awarded or authenticated by a person recognised in that respect under section 30(1)(e) of the Education Act 1997, and
(b)
if the qualification is subject to a requirement of accreditation pursuant to a determination made under section 30(1)(f) of that Act, it is accredited under section 30(1)(h) of that Act.”
Freedom of Information Act 2000 (c. 36)
30
In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public bodies and offices: general) for “The Qualifications Curriculum Authority” substitute “
The Qualifications and Curriculum Development Agency
”
.
Education Act 2002 (c. 32)
31
The Education Act 2002 is amended as follows.
32
(1)
Section 76 (interpretation of Part 6) is amended as follows.
(2)
At the beginning insert “
(1)
”
.
(3)
In the definition of “assess” omit “examine and”.
(4)
In the definition of “assessment arrangements” for the words from “for the purpose” to the end substitute “
for the specified purposes
”
.
(5)
“(2)
In subsection (1) “the specified purposes”, in relation to assessment arrangements for a key stage, means—
(a)
the purpose of ascertaining what pupils have achieved in relation to the attainment targets for that stage, and
(b)
such other purposes as the Secretary of State may by order specify.”
33
In section 85(6)
(curriculum requirements for the fourth key stage) for “Qualifications and Curriculum Authority” substitute “
Qualifications and Curriculum Development Agency
”
.
34
In section 85A(5)
(entitlement areas for the fourth key stage) for “Qualifications and Curriculum Authority” substitute “
Qualifications and Curriculum Development Agency
”
.
35
(1)
Section 87 (establishment of the National Curriculum for England by order) is amended as follows.
(2)
In subsection (5) for “published as specified” substitute “
published by a person, and in the manner, specified
”
.
(3)
In subsection (7)—
(a)
omit the “and” at the end of paragraph (a);
(b)
“(c)
the Qualifications and Curriculum Development Agency, and
(d)
any other person with whom the Secretary of State has made arrangements in connection with the development, implementation or monitoring of assessment arrangements,”.
(4)
Omit subsection (9).
(5)
In subsection (10) for the words before paragraph (a) substitute “The duties that may be imposed by virtue of subsection (7)(a) or (b) include, in relation to persons exercising any function in connection with the moderation or monitoring of assessment arrangements, the duty to permit them—”.
(6)
“(11)
An order under subsection (3)(c) may authorise a person specified in the order to make delegated supplementary provisions in relation to such matters as may be specified in the order.
(12)
In this section “delegated supplementary provisions” means such provisions (other than provisions conferring or imposing functions as mentioned in subsection (7)(a) or (b)) as appear to the authorised person to be expedient for giving full effect to, or otherwise supplementing, the provisions made by the order.
(13)
An order under subsection (3)(c) authorising the making of delegated supplementary provisions may provide that such provisions may be made only with the approval of the Secretary of State.
(14)
Any delegated supplementary provisions shall, on being published as specified in the order under which they are made, have effect for the purposes of this Part as if made by the order.”
36
(1)
Section 90 (development work and experiments) is amended as follows.
(2)
In subsections (3)(c) and (4) for “Qualifications and Curriculum Authority” substitute “
Qualifications and Curriculum Development Agency
”
.
(3)
In subsection (5) for the words from “to the” to the end substitute “on any matters specified by the Secretary of State to—
(a)
the Secretary of State, or
(b)
the reviewing body.”
(4)
“(5A)
If required by the Secretary of State to do so the reviewing body shall keep under review development work or experiments carried out following a direction given under subsection (1).
(5B)
In this section “the reviewing body” means the Qualifications and Curriculum Development Agency, or any other person, if designated as such by the Secretary of State.
(5C)
A designation under subsection (5B) may make different provision for different purposes.”
37
(1)
Section 96 (procedure for making certain orders and regulations) is amended as follows.
(2)
In subsection (2)—
(a)
for “Qualifications and Curriculum Authority (in this section referred to as “the Authority”)” substitute “
Qualifications and Curriculum Development Agency (in this section referred to as “the Agency”)
”
;
(b)
for “them” substitute “
it
”
;
(c)
for “they are” substitute “
it is
”
.
(3)
“(3)
The Agency shall give notice of the proposal to such of the following as appear to it to be concerned with the proposal—
(a)
associations of local education authorities,
(b)
bodies representing the interests of school governing bodies, and
(c)
organisations representing school teachers.
(3A)
The Agency shall also publish the proposal in such manner as, in its opinion, is likely to bring the proposal to the notice of any other persons who may be concerned with the proposal.
(3B)
The Agency shall give the bodies and other persons mentioned in subsections (3) and (3A) a reasonable opportunity of submitting evidence and representations as to the issues arising from the proposal.”
(4)
In subsection (4)—
(a)
for “Authority”, wherever appearing, substitute “
Agency
”
;
(b)
in paragraph (c) for “think” substitute “
thinks
”
.
(5)
In subsection (5)—
(a)
for “Authority” substitute “
Agency
”
;
(b)
for “their” substitute “
its
”
.
(6)
In subsection (6)—
(a)
for “Authority have” substitute “
Agency has
”
;
(b)
in paragraph (b) for “Authority” substitute “
Agency
”
;
(c)
omit the words from “and shall send copies” to the end.
(7)
“(6A)
The Secretary of State shall take such steps as in his opinion are likely to bring the documents mentioned in subsection (6)(a) and (b) to the notice of any person who submitted evidence or representations to the Agency.
(6B)
The Secretary of State shall send copies of those documents to the Agency.”
Childcare Act 2006 (c. 21)
38
The Childcare Act 2006 is amended as follows.
39
(1)
Section 41 (the learning and development requirements) is amended as follows.
(2)
In subsection (2)(c) for the words from “for the purpose” to “early learning goals” substitute “
for the specified purposes
”
.
(3)
“(4A)
In subsection (2)(c) “the specified purposes” means—
(a)
the purpose of ascertaining what children have achieved in relation to the early learning goals, and
(b)
such other purposes as the Secretary of State may by order specify.”
40
(1)
Section 42 (further provisions about assessment arrangements) is amended as follows.
(2)
In subsection (2)—
(a)
omit the “and” at the end of paragraph (b);
(b)
“(d)
the Qualifications and Curriculum Development Agency, and
(e)
any other person with whom the Secretary of State has made arrangements in connection with the development, implementation or monitoring of assessment arrangements.”
(3)
Omit subsection (4).
(4)
In subsection (5) for the words before paragraph (a) substitute “
The duties that may be imposed on a person mentioned in subsection (2)(a) to (c) by virtue of subsection (1) include, in relation to persons exercising any function in connection with the moderation or monitoring of assessment arrangements, the duty to permit them—
”
.
(5)
“(6)
A learning and development order specifying assessment arrangements may authorise a person specified in the order to make delegated supplementary provisions in relation to such matters as may be specified in the order.
(6A)
In this section “delegated supplementary provisions” means such provisions (other than provisions conferring or imposing functions on persons mentioned in subsection (2)(a) to (c)) as appear to the authorised person to be expedient for giving full effect to, or otherwise supplementing, the provisions made by the order.
(6B)
A learning and development order authorising the making of delegated supplementary provisions may provide that such provisions may be made only with the approval of the Secretary of State.
(6C)
Any delegated supplementary provisions, on being published as specified in the order under which they are made, are to have effect for the purposes of this Chapter as if made by the order.”
41
In section 44(1)
(instruments specifying learning and development or welfare requirements) for “published as specified” substitute “
published by a person, and in the manner, specified
”
.
42
“(1A)
Regulations under subsection (1) may make provision about the conditions which may be imposed by the Secretary of State on making a direction.
(1B)
If required by the Secretary of State to do so the reviewing body must keep under review the effect of a direction given under regulations made under subsection (1).
(1C)
In subsection (1B) “the reviewing body” means the Qualifications and Curriculum Development Agency, or any other person, if designated as such by the Secretary of State.
(1D)
A designation under subsection (1C) may make different provision for different purposes.”
Safeguarding Vulnerable Groups Act 2006 (c. 47)
43
In section 21(10) of the Safeguarding Vulnerable Groups Act 2006 (controlled activity relating to children) in paragraph (d) for “Qualifications and Curriculum Authority” substitute “
Qualifications and Curriculum Development Agency
”
.
Schedule 13Powers in relation to schools causing concern: England
1
Part 4 of the Education and Inspections Act 2006 (c. 40) (schools causing concern: England) is amended as follows.
2
(1)
Section 59(2) (meaning of schools being “eligible for intervention”) is amended as follows.
(2)
For “warning notice by local education authority” substitute “
performance standards and safety warning notice
”
.
(3)
Before “section 61” insert—
“section 60A (teachers' pay and conditions warning notice),”.
3
For the title of section 60 substitute “
Performance standards and safety warning notice
”
.
4
“60ATeachers' pay and conditions warning notice
(1)
A maintained school is by virtue of this section eligible for intervention if—
(a)
the local education authority have given the governing body a warning notice in accordance with subsection (2),
(b)
the period beginning with the day on which the warning notice is given and ending with the fifteenth working day following that day (“the initial period”) has expired,
(c)
either the governing body made no representations under subsection (7) to the local education authority against the warning notice during the initial period or the local education authority have confirmed the warning notice under subsection (8),
(d)
the governing body have failed to comply, or secure compliance, with the notice to the authority's satisfaction by the end of the compliance period (as defined by subsection (10)), and
(e)
the authority have given reasonable notice in writing to the governing body that they propose to exercise their powers under any one or more of sections 64 to 66.
(2)
A local education authority may give a warning notice to the governing body of a maintained school where the authority are satisfied that—
(a)
the governing body have failed to comply with a provision of an order under section 122 of EA 2002 (teachers' pay and conditions) that applies to a teacher at the school, or
(b)
the governing body have failed to secure that the head teacher of the school complies with such a provision.
(3)
In subsection (2) references to an order under section 122 of EA 2002 include a document by reference to which provision is made in such an order.
(4)
For the purposes of this section a “warning notice” is a notice in writing by the local education authority setting out—
(a)
the matters on which the conclusion mentioned in subsection (2) is based,
(b)
the action which they require the governing body to take in order to remedy those matters,
(c)
the initial period applying under subsection (1)(b), and
(d)
the action which the local education authority are minded to take (under one or more of sections 64 to 66 or otherwise) if the governing body fail to take the required action.
(5)
The warning notice must also inform the governing body of their right to make representations under subsection (7) during the initial period.
(6)
The local education authority must, at the same time as giving the governing body the warning notice, give a copy of the notice to each of the following persons—
(a)
the head teacher of the school,
(b)
in the case of a Church of England school or a Roman Catholic Church school, the appropriate diocesan authority, and
(c)
in the case of a foundation or voluntary school, the person who appoints the foundation governors.
(7)
Before the end of the initial period, the governing body may make representations in writing to the local education authority against the warning notice.
(8)
The local education authority must consider any representations made to them under subsection (7) and may, if they think fit, confirm the warning notice.
(9)
The local education authority must give notice in writing of their decision whether or not to confirm the warning notice to the governing body and such other persons as the Secretary of State may require.
(10)
In this section “the compliance period”, in relation to a warning notice, means—
(a)
in a case where the governing body does not make representations under subsection (7), the initial period mentioned in subsection (1)(b), and
(b)
in a case where the local education authority confirm the warning notice under subsection (8), the period beginning with the day on which they do so and ending with the fifteenth working day following that day.”
5
(1)
Section 63 (power of LEA to require governing body to enter into arrangements) is amended as follows.
(2)
In subsection (1) after “eligible for intervention” insert “
other than by virtue of section 60A
”
.
(3)
In subsection (3) for “formal warning” substitute “
performance standards and safety warning
”
.
6
(1)
Section 64 (power of LEA etc to appoint additional governors) is amended as follows.
(2)
In subsection (1) for “subsection (2)” substitute “
subsections (1A) and (2)
”
.
(3)
“(1A)
Subsection (1) does not apply if the Secretary of State has exercised the power under section 67 (power to appoint additional governors) in connection with—
(a)
the same warning notice, where the school is eligible for intervention by virtue of section 60 (school subject to performance standards and safety warning) or 60A (school subject to teachers' pay and conditions warning), or
(b)
the same inspection falling within section 61(a) or 62(a), where the school is eligible for intervention by virtue of section 61 (school requiring significant improvement) or 62 (school requiring special measures).”
(4)
In subsection (2)—
(a)
for “formal warning)” substitute “performance standards and safety warning) or 60A (school subject to teachers' pay and conditions warning)”, and
(b)
after “60(10)” insert “
or as the case may be section 60A(10)
”
.
(5)
In subsection (4)—
(a)
in paragraph (a) for “formal warning)” substitute “performance standards and safety warning) or 60A (school subject to teachers' pay and conditions warning)”,
(b)
“and
(c)
the Secretary of State has not exercised the power under section 67 in connection with the same warning notice,”.
7
In section 66(2) (power of LEA to suspend right to delegated budget)—
(a)
for “formal warning)” substitute “performance standards and safety warning) or 60A (school subject to teachers' pay and conditions warning)”, and
(b)
after “60(10)” insert “
or as the case may be section 60A(10)
”
.
8
In section 67(1) (power of Secretary of State to appoint additional governors) omit the words from “by virtue of” to “special measures)”.
9
In section 69(1) (power of Secretary of State to provide for governing body to consist of interim executive members) omit the words from “by virtue of” to “special measures)”.
10
“69APower of Secretary of State to direct LEA to consider giving performance standards and safety warning notice
(1)
This section applies if the Secretary of State thinks that the conditions in subsections (2) and (3) are met.
(2)
The condition is that there are reasonable grounds for a local education authority to give a warning notice to the governing body of a maintained school under section 60 (performance standards and safety warning notice).
(3)
The condition is that one of the following applies—
(a)
the authority have not given a warning notice to the governing body under section 60 on those grounds;
(b)
the authority have done so, but in inadequate terms;
(c)
the authority have given a warning notice to the governing body under section 60 on those grounds, but the Chief Inspector has failed or declined to confirm it;
(d)
the school has become eligible for intervention on those grounds by virtue of section 60, but the period of two months following the end of the compliance period (as defined by section 60(10)) has ended.
(4)
The Secretary of State may direct the local education authority to consider giving a warning notice to the governing body under section 60 in the terms specified in the direction.
(5)
A direction under subsection (4) must be in writing.
(6)
If the Secretary of State gives a direction under subsection (4) to a local education authority in respect of a governing body, the authority must—
(a)
give the Secretary of State a written response to the direction before the end of the period of 10 working days beginning with the day on which the direction is given, and
(b)
on the same day as they do so, give the Chief Inspector a copy of the response.
(7)
The local education authority's response to the direction must do one of the following—
(a)
state that the authority have decided to give a warning notice to the governing body in the specified terms;
(b)
state that the authority have decided not to give a warning notice to the governing body in those terms.
(8)
If the response states that the authority have decided to give a warning notice to the governing body in the specified terms, the authority must—
(a)
give the warning notice to the governing body in those terms before the end of the period of 5 working days beginning with the day on which the response is given (and withdraw any previous warning notice given to the governing body under section 60), and
(b)
on the same day as they do so, give the Secretary of State a copy of the notice.
(9)
If the response states that the authority have decided not to give a warning notice to the governing body in the specified terms, it must set out the authority's reasons for the decision.
(10)
Subsection (8)(b) applies in addition to section 60(6).
69BPower of Secretary of State to direct LEA to give teachers' pay and conditions warning notice
(1)
This section applies if the Secretary of State thinks that the conditions in subsections (2) and (3) are met.
(2)
The condition is that there are reasonable grounds for a local education authority to give a warning notice to the governing body of a maintained school under section 60A (teachers' pay and conditions warning notice).
(3)
The condition is that one of the following applies—
(a)
the authority have not given a warning notice to the governing body under section 60A on those grounds;
(b)
the authority have done so, but in inadequate terms;
(c)
the authority have given a warning notice to the governing body under section 60A on those grounds, but have declined or failed to confirm it;
(d)
the school has become eligible for intervention on those grounds by virtue of section 60A, but the period of two months following the end of the compliance period (as defined by section 60A(10)) has ended.
(4)
The Secretary of State may direct the local education authority to consider giving a warning notice to the governing body under section 60A in the terms specified in the direction.
(5)
If the Secretary of State gives a direction under subsection (4) to a local education authority in respect of a governing body, the authority must—
(a)
give a copy of the direction to the governing body before the end of the period of 2 working days beginning with the day on which the direction is given,
(b)
when it does so, invite the governing body to give the authority a written response before the end of the period of 7 working days beginning with the day on which the direction is given, and
(c)
give the Secretary of State the authority's written response, and any response received from the governing body in accordance with paragraph (b), before the end of the period of 10 working days beginning with the day on which the direction is given.
(6)
The local education authority's response to the direction must do one of the following—
(a)
state that the authority have decided to give a warning notice to the governing body in the specified terms;
(b)
state that the authority have decided not to give a warning notice to the governing body in those terms.
(7)
If the response states that the authority have decided to give a warning notice to the governing body in the specified terms, the authority must—
(a)
give the warning notice to the governing body in those terms before the end of the period of 5 working days beginning with the day on which the response is given (and withdraw any previous warning notice given to the governing body under section 60A), and
(b)
on the same day as they do so, give the Secretary of State a copy of the notice.
(8)
If the response states that the authority have decided not to give a warning notice to the governing body in the specified terms—
(a)
the response must set out the authority's reasons for the decision, and
(b)
the Secretary of State may direct the authority to give the warning notice to the governing body in those terms (and to withdraw any previous warning notice given to the governing body under section 60A).
(9)
If the Secretary of State directs the authority under subsection (8)(b) to give a warning notice to the governing body in the specified terms, the authority must—
(a)
comply with the direction under subsection (8)(b) before the end of the period of 5 working days beginning with the day on which that direction is given, and
(b)
on the same day as they do so, give the Secretary of State a copy of the notice.
(10)
Subsections (7)(b) and (9)(b) apply in addition to section 60A(6).
(11)
A direction under this section must be in writing.”
11
““working day” has the meaning given by section 60(10).”
Schedule 14Powers in relation to schools causing concern: Wales
1
Chapter 4 of Part 1 of the School Standards and Framework Act 1998 (c. 31) (measures to raise standards of school education in Wales: intervention powers) is amended as follows.
2
In section 14(4)
(intervention powers: interpretation), in paragraph (c) for “that Act” substitute “
the Education Act 2005
”
.
3
“, or—
(iv)
that the governing body have failed to comply with a provision of an order under section 122 of the Education Act 2002 (teachers' pay and conditions) that applies to a teacher at the school, or
(v)
that the governing body have failed to secure that the head teacher of the school complies with such a provision”.
4
In section 18 (power of Welsh Ministers to appoint additional governors), in subsection (1)—
(a)
in the opening words for “either” substitute “
any
”
;
(b)
“(za)
subsection (1), in a case within subsection (2)(a)(iv) or (v) (school subject to teachers' pay and conditions warning),”.
5
In section 18A (power of Welsh Ministers to provide for governing body to consist of interim executive members), in subsection (1)—
(a)
in the opening words for “either” substitute “
any
”
;
(b)
“(za)
subsection (1), in a case within subsection (2)(a)(iv) or (v) (school subject to teachers' pay and conditions warning),”.
6
“19ZAPower of Welsh Ministers to direct LEA to give warning notice: teachers' pay and conditions
(1)
This section applies if the Welsh Ministers think that the conditions in subsections (2) and (3) are met.
(2)
The condition is that there are reasonable grounds for a local education authority to give a warning notice to the governing body of a maintained school under section 15(2)(a)(iv) or (v) (teachers' pay and conditions warning notice).
(3)
The condition is that one of the following applies in relation to those grounds—
(a)
the authority have not given a warning notice to the governing body under section 15 on those grounds, or have not given a copy to the head teacher at the same time;
(b)
the authority have given a warning notice to the governing body under section 15, but in inadequate terms;
(c)
section 15 applies to the school on those grounds by virtue of subsection (1) of that section, but the period of two months following the end of the compliance period (as defined by section 15(3)(c)) has ended.
(4)
The Welsh Ministers may direct the local education authority to consider giving a warning notice to the governing body under section 15(2)(a)(iv) or (v) in the terms specified in the direction.
(5)
If the Welsh Ministers give a direction under subsection (4) to a local education authority in respect of a governing body, the authority must—
(a)
give a copy of the direction to the governing body before the end of the period of 2 working days beginning with the day on which the direction is given,
(b)
when it does so, invite the governing body to give the authority a written response before the end of the period of 7 working days beginning with the day on which the direction is given, and
(c)
give the Welsh Ministers the authority's written response, and any response received from the governing body in accordance with paragraph (b), before the end of the period of 10 working days beginning with the day on which the direction is given.
(6)
The local education authority's response to the direction must do one of the following—
(a)
state that the authority have decided to give a warning notice to the governing body in the specified terms;
(b)
state that the authority have decided not to give a warning notice to the governing body in those terms.
(7)
If the response states that the authority have decided to give a warning notice to the governing body in the specified terms, the authority must—
(a)
give the warning notice to the governing body in those terms before the end of the period of 5 working days beginning with the day on which the response is given (and withdraw any previous warning notice given to the governing body under section 15(2)(a)(iv) or (v)), and
(b)
on the same day as they do so, give the Welsh Ministers a copy of the notice.
(8)
If the response states that the authority have decided not to give a warning notice to the governing body in the specified terms—
(a)
the response must set out the authority's reasons for the decision, and
(b)
the Welsh Ministers may direct the authority to give the warning notice to the governing body in those terms (and to withdraw any previous warning notice given to the governing body under section 15(2)(a)(iv) or (v)).
(9)
If the Welsh Ministers direct the authority under subsection (8)(b) to give a warning notice to the governing body in the specified terms, the authority must—
(a)
comply with the direction under subsection (8)(b) before the end of the period of 5 working days beginning with the day on which that direction is given, and
(b)
on the same day as they do so, give the Welsh Ministers a copy of the notice.
(10)
Subsections (7)(b) and (9)(b) apply in addition to section 15(1)(a)(ii).
(11)
A direction under this section must be in writing.
(12)
In this section “working day” means a day other than a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in Wales.”
Schedule 15The School Support Staff Negotiating Body
Constitution
1
(1)
The SSSNB is to be constituted in accordance with arrangements made by the Secretary of State.
(2)
Before making or revising arrangements under sub-paragraph (1), the Secretary of State must consult—
(a)
the prescribed school support staff organisations, and
(b)
the prescribed school support staff employer organisations.
(3)
References in this Schedule to the SSSNB's constitutional arrangements are to arrangements made under sub-paragraph (1).
(4)
References in this Schedule to the prescribed organisations are to the organisations prescribed under sub-paragraph (2).
Membership
2
(1)
The SSSNB's constitutional arrangements must provide for the members of the SSSNB to include persons representing the interests of—
(a)
the prescribed organisations;
(b)
the Secretary of State.
(2)
The arrangements must also provide for the members of the SSSNB to include a person appointed to chair the SSSNB.
(3)
The arrangements must provide for that person to be a person who, in the opinion of the Secretary of State, does not represent the interests of—
(a)
a school support staff organisation,
(b)
a school support staff employer organisation,
(c)
the Secretary of State, or
(d)
any other person or organisation represented on the SSSNB.
(4)
The arrangements may provide for the members of the SSSNB to include other persons who do not represent the interests of—
(a)
school support staff organisations, or
(b)
school support staff employer organisations.
Proceedings
3
(1)
The SSSNB's constitutional arrangements must not provide for a member of the SSSNB to be entitled to vote in respect of its proceedings unless the member is a person representing the interests of any of the prescribed organisations.
(2)
Subject to sub-paragraph (1), the arrangements may make provision about the proceedings of the SSSNB (including provision allowing the SSSNB to determine its own proceedings).
Administrative support
4
The SSSNB's constitutional arrangements may make provision about the provision of administrative support to the SSSNB.
Annual reports
5
(1)
The SSSNB's constitutional arrangements must provide for the SSSNB to prepare a report, in respect of each successive period of 12 months beginning on the day on which it is established, about the performance of its functions in that period.
(2)
The arrangements may—
(a)
require the SSSNB to send copies of the report to specified persons;
(b)
require the SSSNB otherwise to publish the report in a specified manner.
Fees and expenses
6
The SSSNB's constitutional arrangements may make provision about—
(a)
the payment of fees to the person appointed to chair the SSSNB;
(b)
the payment of expenses incurred by the SSSNB.
House of Commons disqualification
7
In the House of Commons Disqualification Act 1975 (c. 24), in Part 3 of Schedule 1 (other disqualifying offices), at the appropriate place insert— “
Person appointed to chair the School Support Staff Negotiating Body.
”
Interpretation
8
For the purposes of this Schedule—
(a)
a “school support staff organisation” is an organisation that, in the opinion of the Secretary of State, represents the interests of school support staff;
(b)
a “school support staff employer organisation” is an organisation that, in the opinion of the Secretary of State, represents the interests of employers of school support staff;
(c)
“specified” means specified in the SSSNB's constitutional arrangements.
Schedule 16Repeals and revocations
Part 1LEA functions
Title | Extent of repeal |
|---|---|
Education Act 1996 (c. 56) | Section 509. |
School Standards and Framework Act 1998 (c. 31) | Section 128. |
In Schedule 30, paragraph 64. | |
Education and Inspections Act 2006 (c. 40) | Section 81. |
Part 2Dissolution of the LSC
Title | Extent of repeal |
|---|---|
Further and Higher Education Act 1992 (c. 13) | In section 56B(3), the word “its”. |
In section 56C(4), the words “to it”. | |
Learning and Skills Act 2000 (c. 21) | Part 1. |
Section 97. | |
Section 98(2A). | |
Section 99(2A). | |
In section 101(1), paragraph (c) (and the word “or” before it). | |
In section 102(1), paragraph (c) (and the word “or” before it). | |
In section 113A—
| |
Schedules 1, 1A and 3. | |
In Schedule 7A—
| |
Education and Inspections Act 2006 (c. 40) | Section 75. |
Further Education and Training Act 2007 (c. 25) | Section 1. |
Section 2. | |
Sections 4 to 10. | |
Sections 11 to 13. | |
Sections 14 to 16. | |
Education and Skills Act 2008 (c. 25) | Section 159(2). |
Section 160(2). |
Part 3Sixth form college sector
Title | Extent of repeal |
|---|---|
Education and Inspections Act 2006 | Section 11(1)(b) and (2)(a). |
Part 4Ofqual and the QCDA
Title | Extent of repeal or revocation |
|---|---|
Charities Act 1993 (c. 10) | In Schedule 2, paragraph (da). |
Education Act 1997 (c. 44) | Sections 21 to 26A. |
Section 30(1C), (1D), (2) and (6). | |
Section 32(4A). | |
Section 32A(6). | |
Section 36. | |
In section 54(1), the words “, except an order under section 25 or 31,”. | |
In section 58(6), the entries for—
| |
Schedule 4. | |
In Schedule 7—
| |
School Standards and Framework Act 1998 (c. 31) | In Schedule 30, paragraph 214. |
Learning and Skills Act 2000 (c. 21) | Section 103(2) and (3). |
In Schedule 9, paragraph 69. | |
Education Act 2002 (c. 32) | In section 76, in the definition of “assess”, the words “examine and”. |
In section 87—
| |
In section 96(6), the words from “and shall send copies” to the end. | |
In section 216(2), the words “paragraphs 1 to 4 and 9 of Schedule 17, and section 189 so far as relating to those paragraphs,”. | |
In Schedule 17—
| |
In Schedule 21, paragraph 69. | |
The Qualifications, Curriculum and Assessment Authority for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3239) | In Schedule 1, paragraphs 7, 22, 23 and 24. |
Childcare Act 2006 (c. 21) | In section 42—
|
In Schedule 1—
| |
Education and Inspections Act 2006 (c. 40) | In Schedule 14, paragraphs 21 and 25. |
Education and Skills Act 2008 (c. 25) | Section 9. |
Section 161. | |
Section 162(2) to (5). | |
Section 163. |
Part 5Co-operation to improve well-being of children
Title | Extent of repeal |
|---|---|
Children Act 2004 (c. 31) | In section 10—
|
Part 6Schools causing concern
Title | Extent of repeal |
|---|---|
Education and Inspections Act 2006 | In section 67(1), the words from “by virtue of” to “special measures)”. |
In section 69(1), the words from “by virtue of” to “special measures)”. |
Part 7Complaints
Title | Extent of repeal |
|---|---|
Education Act 1996 (c. 56) | Section 408(4)(g). |
Section 409. | |
In Schedule 1, paragraph 6(3) and (4). |
Part 8School inspections
Title | Extent of repeal |
|---|---|
Education and Inspections Act 2006 (c. 40) | In Schedule 12—
|
Part 9Information about local authority expenditure
Title | Extent of repeal |
|---|---|
School Standards and Framework Act 1998 (c. 31) | Section 53. |
Public Audit (Wales) Act 2004 (c. 23) | In Schedule 2, paragraph 40. |
Part 10Support for participation in education and training
Title | Extent of repeal |
|---|---|
Education and Skills Act 2008 (c. 25) | Section 15. |
Section 76(1). | |
Part 11Foundation degrees: Wales
Title | Extent of repeal |
|---|---|
Further and Higher Education Act 1992 (c. 13) | In section 76(1)(b), the words “in England”. |