Learning and Skills Act 2000 (c. 21)

(The document as of February, 2008)

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(3) Where a question is referred to the adjudicator--

(a) he shall consider the matter afresh, and

(b) for that purpose, paragraph 36 shall apply to him as it applies to the committee.

38 (1) The duty to implement proposals to alter a school--

(a) in the case of a community or community special school, shall be a duty of the local education authority, and

(b) in the case of a voluntary, foundation or foundation special school, shall be a duty of the governing body.

(2) The duty to implement proposals to discontinue a school--

(a) in the case of a community or community special school, shall be a duty of the local education authority, and

(b) in the case of a voluntary, foundation or foundation special school, shall be a shared duty of the governing body and the local education authority.

(3) For the purpose of sub-paragraph (2)(a) or (b), a local education authority's duty to discontinue a school is a duty to cease maintaining it.

Wales

39 (1) Paragraphs 40 to 44 apply to schools in Wales in respect of which proposals are published under this Schedule.

(2) In those paragraphs--

"the National Assembly" means the National Assembly for Wales,
"the Council" means the National Council for Education and Training for Wales,
"prescribed" means prescribed by or determined in accordance with regulations, and
"regulations" means regulations made by the National Assembly.

40 Regulations may require any of the following to provide prescribed information to prescribed persons at prescribed times--

(a) the Council, and

(b) the National Assembly.

41 Any person may send objections to the proposals to the National Assembly within such period as may be prescribed.

42 (1) The National Assembly shall consider the proposals and--

(a) reject them,

(b) approve them without modification, or

(2) In considering proposals the National Assembly shall have regard to--

(a) the school organisation plan for the school's area, and

(b) any objections made in accordance with paragraph 41 and not withdrawn.

(3) Before approving proposals subject to modifications the National Assembly shall consult such persons as they consider appropriate.

(4) An approval under sub-paragraph (1)(b) or (c) may be subject to the occurrence by a specified time of a specified event which is of a prescribed kind; and if the event does not occur by the specified time, the proposals shall be treated as being rejected at that time.

(5) The Council may withdraw proposals by notice in writing to the National Assembly at any time before a determination has been made.

43 (1) Where proposals are approved under paragraph 42 they shall be implemented.

(2) But the National Assembly--

(a) may modify the proposals, after consulting such persons as they consider appropriate;

(b) where the proposals were approved subject to the occurrence of a specified event by a specified time, may (before the arrival of the specified time) substitute a later time;

(c) may determine that the proposals shall not be implemented if implementation would be unreasonably difficult or if it would be inappropriate because of changes in circumstances since the proposals were approved.

(3) The National Assembly may act under sub-paragraph (2)(a) or (b) only in response to a request by the Council.

(4) A determination may be made under sub-paragraph (2)(c) only in response to a proposal of the Council which is published and dealt with in accordance with regulations (which may, in particular, apply any provision of this Schedule with or without modification); and where a determination is made under sub-paragraph (2)(c) in relation to the proposals they shall be treated as rejected.

44 (1) The duty to implement proposals to alter a school--

(a) in the case of a community or community special school, shall be a duty of the local education authority, and

(b) in the case of a voluntary, foundation or foundation special school, shall be a duty of the governing body.

(2) The duty to implement proposals to discontinue a school--

(a) in the case of a community or community special school, shall be a duty of the local education authority, and

(b) in the case of a voluntary, foundation or foundation special school, shall be a shared duty of the governing body and the local education authority.

(3) For the purpose of sub-paragraph (2)(a) or (b), a local education authority's duty to discontinue a school is a duty to cease maintaining it.

Schools maintained by LEA outside its area

45 (1) This paragraph applies to a school which--

(a) is a community, voluntary or foundation school, and

(b) is situated in an area other than that of the local education authority who maintain it.

(2) This Part of this Schedule shall have effect in relation to a school to which this paragraph applies with such modifications as may be prescribed--

(a) for schools in England, by regulations made by the Secretary of State, and

(b) for schools in Wales, by regulations made by the National Assembly for Wales.

Section 131.

SCHEDULE 8 City academies: land

Transfer schemes

1 (1) The Secretary of State may make a scheme in relation to land if these requirements are met--

(a) a local education authority holds a freehold or leasehold interest in the land when the scheme is made;

(b) at some time in the period of 5 years ending with the day on which this Act is passed the land was used wholly or mainly for the purposes of a county school or community school;

(c) at the time the scheme is made the land is no longer used as mentioned in paragraph (b) or the Secretary of State thinks it is about to be no longer so used;

(d) before making the scheme the Secretary of State consulted the authority.

(2) These requirements must be met as regards a scheme--

(a) the scheme must provide for a transfer of the authority's interest in the land or in such part of it as is specified in the scheme;

(b) the transfer must be to a person (the transferee) who is specified in the scheme and is concerned with the running of a city academy;

(d) the scheme must provide for the transfer to the transferee of any right or liability held by the authority as holder of the interest in the land or specified part concerned.

(3) In sub-paragraph (2) the reference to a right or liability--

(a) includes a reference to a right or liability as a trustee, but

(b) excludes a reference to a liability in respect of the principal of or interest on a loan.

(4) A scheme may include such supplementary, incidental, consequential or transitional provisions as the Secretary of State thinks are appropriate.

(5) A scheme must be so expressed that it does not come into force while the land concerned is used as mentioned in sub-paragraph (1)(b).

(6) A scheme comes into force--

(a) on the day it specifies for it to come into force, or

(b) on the day it otherwise identifies as the day for it to come into force.

(7) When a scheme comes into force it has effect to transfer (in accordance with its provisions) the interests, rights and liabilities to which it applies.

(8) A transfer made by virtue of a scheme is binding on all persons (as well as on the authority and the transferee) even if, apart from this sub-paragraph, it would have required the consent or concurrence of any person.

Restriction on disposal

2 (1) Sub-paragraph (2) applies if--

(a) a freehold or leasehold interest in land is held by a local education authority,

(b) at any time in the period of 5 years ending with the day on which this Act is passed the land was used wholly or mainly for the purposes of a county school or community school, and

(c) the authority proposes to make a disposal in respect of the interest, or to enter into a contract to make a disposal in respect of it, or to grant an option to make an acquisition in respect of it.

(2) Unless the Secretary of State consents, the authority must not make the disposal or enter into the contract or grant the option.

(3) Sub-paragraph (2) does not apply to a disposal made in pursuance of a contract made, or option granted, before the coming into force of this paragraph.

(4) Sub-paragraph (2) does not apply to--

(a) a disposal in favour of a person for the purposes of a city academy and for no consideration;

(b) a contract to make such a disposal;

(c) a grant of an option for a person to make an acquisition for the purposes of a city academy and for no consideration.

(5) A disposal or contract or grant is not invalid by reason only that it is made in contravention of sub-paragraph (2).

(6) A person acquiring an interest in land or entering into a contract to acquire it is not to be concerned to enquire whether consent required by sub-paragraph (2) has been given.

3 (1) This paragraph applies if an authority makes a disposal or enters into a contract or grants an option in contravention of paragraph 2(2).

(2) In the case of a grant of an option, the Secretary of State may by notice served on the option holder repudiate the option at any time before it is exercised.

(3) In the case of a contract to make a disposal in respect of an interest, the Secretary of State may by notice served on the other party to the contract repudiate it at any time before a conveyance of the interest concerned is executed.

(4) A repudiation under sub-paragraph (2) or (3) has effect--

(a) when the notice is served, and

(b) as if the repudiation were made by the authority.

(5) In the case of a disposal in respect of an interest (whether or not in pursuance of an option or contract falling within sub-paragraph (2) or (3)) the Secretary of State may purchase the interest concerned compulsorily.

(6) The [1981 c. 67.] Acquisition of Land Act 1981 is to apply in relation to the compulsory purchase of an interest under sub-paragraph (5).

(7) On completion of a compulsory purchase of an interest under sub-paragraph (5) the Secretary of State must transfer it to a person concerned with the running of a city academy.

(8) If the Secretary of State acquires an interest by compulsory purchase under sub-paragraph (5) he is entitled to recover from the authority an amount equal to the aggregate of--

(a) the compensation agreed or awarded in respect of the purchase,

(b) any interest payable by him in respect of the compensation, and

(9) The authority must provide the Secretary of State with such information as he may require it to provide in connection with a compulsory purchase under sub-paragraph (5).

4 (1) For the purposes of paragraphs 2 and 3--

(a) references to a disposal in respect of an interest are to a disposal of the whole interest or of a lesser interest;

(b) references to an acquisition in respect of an interest are to an acquisition of the whole interest or of a lesser interest.

(2) If the disposal referred to in paragraph 3(3) or (5) is a disposal of a lesser interest, the reference there to the interest concerned is to the lesser interest.

Restriction on appropriation

5 (1) Sub-paragraph (2) applies if--

(a) a freehold or leasehold interest in land is held by a local education authority,

(b) at any time in the period of 5 years ending with the day on which this Act is passed the land was used wholly or mainly for the purposes of a county school or community school, and

(c) the authority proposes to make an appropriation of the land under section 122 of the [1972 c. 70.] Local Government Act 1972.

(2) Unless the Secretary of State consents, the authority must not make the appropriation.

6 (1) This paragraph applies if an authority makes an appropriation in contravention of paragraph 5(2).

(2) The Secretary of State may purchase the interest concerned compulsorily.

(3) Paragraph 3(6) to (9) apply to a compulsory purchase of an interest under sub-paragraph (2) above as they apply to a compulsory purchase of an interest under paragraph 3(5).

Duty to inform

7 (1) Sub-paragraph (2) applies if--

(a) a freehold or leasehold interest in land is held by a local education authority,

(b) at any time in the period of 5 years ending with the day on which this Act is passed the land was used wholly or mainly for the purposes of a county school or community school, and

(c) the authority proposes to change the use of the land in such a way that (were the change made) the land would cease to be capable of use wholly or mainly for the purposes of a school.

(2) The authority must inform the Secretary of State of the proposal.

Former city academies

8 (1) This paragraph applies if--

(a) a freehold or leasehold interest in land is transferred from a local education authority on or after the day on which this Act is passed,

(b) the transfer is made to a person for the purposes of a city academy, and

(2) The first condition is that--

(a) the school concerned ceases to be a city academy, and

(b) immediately before the school ceases to be a city academy the interest is held by a person for the purposes of the city academy.

(3) The second condition is that, although the school concerned continues to be a city academy, the interest ceases to be held for the purposes of the city academy.

(4) This paragraph applies whether or not the transfer is made by virtue of a scheme under paragraph 1.

(5) Sub-paragraph (2) applies whether or not, on the school ceasing to be a city academy, it simultaneously ceases to function as a school.

(6) The Secretary of State may make a scheme providing for the transfer of the interest--

(a) from the person holding it;

(b) to the authority from which the transfer mentioned in sub-paragraph (1)(a) was made.

(7) A scheme may include such supplementary, incidental, consequential or transitional provisions as the Secretary of State thinks are appropriate.

(8) A scheme comes into force on the day it specifies for it to come into force.

(9) When a scheme comes into force it has effect to transfer (in accordance with its provisions) the interest to which it applies.

(10) A transfer made by virtue of a scheme is binding on all persons (as well as on the authority and the transferee) even if, apart from this sub-paragraph, it would have required the consent or concurrence of any person.

Other Acts

9 (1) Section 123(2) of the [1972 c. 70.] Local Government Act 1972 (disposal for consideration less than the best reasonably obtainable) does not apply to a disposal to a person for the purposes of a city academy.

(2) Section 123(2A) of that Act (disposal of open space requires certain procedures) does not apply to a disposal which is made--

(a) to a person for the purposes of a city academy, and

(b) for no consideration.

(3) Section 77(1) of the [1998 c. 31.] School Standards and Framework Act 1998 (restriction on disposal of playing fields) does not apply to a disposal which is made--

(a) by a local authority to a person for the purposes of a city academy, and

(b) for no consideration.

Regulations

10 The Secretary of State may make regulations containing such incidental, consequential, transitional or supplementary provisions as he thinks are appropriate in consequence of this Schedule or for giving it full effect; and in particular the regulations may include provision described below.

11 (1) The regulations may include--

(a) provision requiring a person to be appointed by the Secretary of State in connection with the proposed making of a scheme under paragraph 1;

(b) provision requiring the appointed person to identify the interests, rights and liabilities to be the subject of a scheme under paragraph 1;

(c) provision requiring the authority concerned to provide the appointed person with such documents as he may require in order to identify the interests, rights and liabilities to be the subject of a scheme under paragraph 1.

(2) The regulations may include--

(a) provision requiring an authority whose interest is (or is to be) transferred by virtue of a scheme under paragraph 1 to execute instruments and deliver certificates for the purposes of the enactments relating to registered land;

(b) provision treating such an authority as having given acknowledgement in writing of the right to production of documents.

12 The regulations may include--

(a) provision that consent under paragraph 2 is to be sought in a specified way;

(b) provision that information is to be given under paragraph 7 in a specified way.

General

13 A dwelling-house used by an authority for occupation by a person employed to work at a school is to be treated for the purposes of this Schedule as used for the purposes of the school.

14 For the purposes of this Schedule--

(a) a city academy is a city academy within the meaning of section 482 of the [1996 c. 56.] Education Act 1996;

(b) a community school is a community school within the meaning of the [1998 c. 31.] School Standards and Framework Act 1998;

(c) a county school is a county school within the meaning of the [1996 c. 56.] Education Act 1996 (as that Act had effect before 1 September 1999).

Section 149.

SCHEDULE 9 Amendments

Introduction

1 The amendments specified in this Schedule shall have effect.

Public Records Act 1958 (c. 51)

2 In Schedule 1 to the Public Records Act 1958 (definition of public records) in Part II of the Table at the end of paragraph 3, insert at the appropriate places--

" "Adult Learning Inspectorate.",

"Learning and Skills Council for England." "

Superannuation Act 1972 (c. 11)

3 In Schedule 1 to the Superannuation Act 1972 (kinds of employment to which schemes may apply) in the list of "Other Bodies", insert at the appropriate places--

" Adult Learning Inspectorate. " ,

" Learning and Skills Council for England. " ,

" National Council for Education and Training for Wales. "

House of Commons Disqualification Act 1975 (c. 24)

4 In Part III of Schedule 1 to the House of Commons Disqualification Act 1975 (offices disqualifying for membership) insert at the appropriate places--

" Any member of the Learning and Skills Council for England in receipt of remuneration. " ,

" Any member of the National Council for Education and Training for Wales in receipt of remuneration. "

Sex Discrimination Act 1975 (c. 65)

5 In section 23A of the Sex Discrimination Act 1975 (discrimination by further education and higher education funding councils)--

(a) for "the Further Education Funding Council for England, the Further Education Funding Council for Wales," substitute "the Learning and Skills Council for England, the National Council for Education and Training for Wales,", and

(b) after "the Education Acts" insert "and the Learning and Skills Act 2000".

6 After section 25 of that Act insert--

" 25A General duty: post-16 education and training etc

(1) The Learning and Skills Council for England and the National Council for Education and Training for Wales shall be under a general duty to secure that the facilities falling within subsection (2) and any ancillary benefits or services are provided without sex discrimination.

(2) Facilities falling within this subsection are facilities for--

(a) education,

(b) training, and

the provision of which is secured by the Learning and Skills Council for England or the National Council for Education and Training for Wales.

(3) The provisions of sections 25 and 47 of the Learning and Skills Act 2000 shall be the only sanction for breach of the general duty in subsection (1), but without prejudice to the enforcement of section 23A under section 66 or otherwise (where the breach is also a contravention of that section). "

7 (1) Section 26 of that Act (exception for single-sex establishments) is amended as follows.

(2) In subsections (1) and (2) for "and 25" in each place where the words occur substitute ", 25 and 25A".

(3) In subsection (3) after "section 25" insert "or 25A".

8 In section 28 of that Act (exception for physical training) for "and 25" substitute ", 25 and 25A".

Race Relations Act 1976 (c. 74)

9 In section 18A of the Race Relations Act 1976 (discrimination by further education and higher education funding councils)--

(b) after "the Education Acts" insert "and the Learning and Skills Act 2000".

10 After section 19 of that Act insert--

" 19ZA General duty: post-16 education and training etc

(2) Facilities falling within this subsection are facilities for--

(a) education,

(b) training, and

the provision of which is secured by the Learning and Skills Council for England or the National Council for Education and Training for Wales.

(3) The provisions of sections 25 and 47 of the Learning and Skills Act 2000 shall be the only sanction for breach of the general duty in subsection (1), but without prejudice to the enforcement of section 18A under section 57 or otherwise (where the breach is also a contravention of that section). "

Education (Fees and Awards) Act 1983 (c. 40)

11 In section 1 of the Education (Fees and Awards) Act 1983 (higher fees for students without UK connection) in subsection (3) insert after paragraph (e)--

" (f) any institution which receives funding from the Learning and Skills Council for England (whatever proportion that funding represents of the institution's total funding) and which is specified in, or is of a class or description specified in, the regulations;

(g) any institution which receives funding from the National Council for Education and Training for Wales (whatever proportion that funding represents of the institution's total funding) and which is specified in, or is of a class or description specified in, the regulations. "

Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33)

12 In section 5(9) of the Disabled Persons (Services, Consultation and Representation) Act 1986 (disabled persons leaving special education) in the definition of "the responsible authority", in paragraph (c) for "a further education funding council" substitute "the Learning and Skills Council for England or the National Council for Education and Training for Wales".

Local Government Act 1988 (c. 9)

13 In paragraph 8(3)(a)(i) of Schedule 1 to the Local Government Act 1988 (competition: excluded activities) for "section 15" substitute "section 15A or 15B".

Employment Act 1988 (c. 19)

14 In section 26 of the Employment Act 1988 (status of trainees etc) after subsection (1) insert--

" (1A) Where it appears to the Secretary of State that provision has been made under section 5(1)(c) or 34(1)(c) of the Learning and Skills Act 2000 for trainees to receive payments from the Learning and Skills Council for England or the National Council for Education and Training for Wales, the Secretary of State may by order provide--

(a) that those trainees are, for the purposes and in the cases specified or described in or determined under the order, to be treated in respect of the training as being or as not being employed;

(b) that where those trainees are treated as being employed they are to be treated as being the employees of the persons so specified, described or determined and of no others;

(c) that where those trainees are treated as not being employed they are to be treated in such other manner as may be so specified, described or determined; and

(d) that those payments are to be treated for the purposes of such enactments and subordinate legislation as may be so specified, described or determined in such manner as may be so specified, described or determined;

and for the purposes of this subsection trainees are persons receiving or proposing to receive training. "

Education Reform Act 1988 (c. 40)

15 In section 124 of the Education Reform Act 1988 (powers of higher education corporations)--

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