Learning and Skills Act 2000 (c. 21)

(The document as of February, 2008)

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(6) The person making the report shall send a copy (together with a copy of the summary, if there is one) to--

(a) the Learning and Skills Council for England, if the school is in England, or

(b) the National Council for Education and Training for Wales, if the school is in Wales. "

Education Act 1997 (c. 44)

69 In section 25 of the Education Act 1997 (other functions of the Qualifications and Curriculum Authority) after subsection (4) insert--

" (5) The Authority may supply any person designated by the Secretary of State with such information as the Authority thinks fit about any matter in relation to which it has a function. "

70 In section 31 of that Act (other functions of the Qualifications, Curriculum and Assessment Authority for Wales) after subsection (4) insert--

" (5) The Authority may supply any person designated by the National Assembly for Wales with such information as the Authority thinks fit about any matter in relation to which it has a function. "

71 In section 43 of that Act (provision of careers education in schools) in subsection (2)(d) for "and city colleges for the technology of the arts" substitute ", city colleges for the technology of the arts and city academies".

72 In section 44(3)(a) of that Act (co-operation with careers advisers) for "the age of 18" there shall be substituted "the age of 16".

Audit Commission Act 1998 (c. 18)

73 (1) Section 36 of the Audit Commission Act 1998 (studies at request of educational bodies) is amended as follows.

(2) In subsection (1), in the Table, after the entry relating to the governing body of an institution receiving funding under Part I of the [1994 c. 30.] Education Act 1994 insert--

" The Learning and Skills Council for England.	The council.
The National Council for Education and Training for Wales.	The council. "

(3) In that Table, in the entry relating to the governing body of an institution within the further education sector, in the second column for "or the appropriate further education funding council" substitute ", the Learning and Skills Council for England or the National Council for Education and Training for Wales".

(4) In subsection (2) omit "or a further education funding council".

Teaching and Higher Education Act 1998 (c. 30)

74 (1) Section 26 of the Teaching and Higher Education Act 1998 (imposition of conditions as to fees at further or higher education institutions) is amended as follows.

(2) Omit subsections (1) and (2).

(3) In each of subsections (6), (7), (10)(a) and (11)(b) for "subsection (2) or (4)" substitute "subsection (4)".

(4) In subsection (9)--

(a) in the definition of "the relevant academic year" for "subsection (2) or (4)" substitute "subsection (4)", and

(b) in the definition of "specified" for "subsection (1) or (3), as the case may be" substitute "subsection (3)".

(5) In subsection (11) for "subsection (1) or (3)", in both places where the words occur, substitute "subsection (3)".

75 In section 28(1) of that Act (interpretation) in the definition of "publicly-funded institution", in paragraph (a)--

(a) omit "5 or",

(b) omit the words from "from a further" to "its costs", and

(c) after "1996" insert "or any institution receiving financial resources under section 5 or 34 of the Learning and Skills Act 2000".

76 Section 34 of that Act (inspection of vocational training in Wales) shall cease to have effect.

77 In section 35 of that Act (inspection of careers services in Wales), for subsection (6) substitute--

" (6) Any inspection under this section shall be conducted by one or more of the following--

(a) any of Her Majesty's Inspectors of Education and Training in Wales or Arolgwyr Ei Mawrhydi dros Addysg a Hyfforddiant yng Nghymru, or

(b) any additional inspector authorised under paragraph 2 of Schedule 1 to the School Inspections Act 1996;

but such an inspector or inspectors may be assisted by such other persons (whether or not members of the Chief Inspector's staff) as the Chief Inspector thinks fit.

(6A) In conducting an inspection under this section, the inspector or inspectors shall act in accordance with any instruction or guidelines given from time to time by the National Assembly for Wales.

(6B) Where an inspection under this section has been completed, the inspector or inspectors shall make a written report on the inspection and shall send the report to the National Assembly for Wales.

(6C) The National Assembly for Wales may arrange for any report of an inspection under this section to be published in such manner as the National Assembly for Wales considers appropriate; and section 42A(2) to (4) of the School Inspections Act 1996 shall apply in relation to the publication of any such report by the National Assembly for Wales as they apply to the publication of a report by the Chief Inspector under any of the provisions mentioned in section 42A(2). "

School Standards and Framework Act 1998 (c. 31)

78 In section 15 of the School Standards and Framework Act 1998 (intervention by LEA) after subsection (6) insert--

" (7) For the purposes of this section a report of an inspection under section 65 or 83 of the Learning and Skills Act 2000 shall be treated as a report of an inspection under Part I of the School Inspections Act 1996. "

79 In section 19(2) of that Act (power of Secretary of State to close school) after paragraph (c) (before the word "and") insert--

" (ca) in the case of a school which provides education suitable to the requirements of persons over compulsory school age, the Learning and Skills Council for England (if the school is in England) or the National Council for Education and Training for Wales (if the school is in Wales); " .

80 In section 26 of that Act (school organisation plans), in subsection (2)--

(a) in paragraph (a) for "primary and secondary education" substitute "primary education, and secondary education suitable to the requirements of pupils of compulsory school age,";

(b) after paragraph (a) insert--

" (ab) how the authority propose to exercise their powers during the prescribed period with a view to securing the provision of secondary education suitable to the requirements of pupils over compulsory school age during that period; " ;

81 After section 26 of that Act insert--

" 26A Plans of local learning and skills councils

(1) In preparing a school organisation plan a local education authority in England shall have regard to the plans of any relevant local learning and skills council published under section 22 of the Learning and Skills Act 2000.

(2) Subsection (3) applies if a school organisation plan prepared by a local education authority in England is being considered by the school organisation committee or by the adjudicator.

(3) The committee or the adjudicator shall have regard to the plans of any relevant local learning and skills council published under section 22 of the Learning and Skills Act 2000.

(4) A local learning and skills council is a relevant council if any of its area falls within the area of the local education authority concerned.

26B Plans of National Council

(1) In preparing a school organisation plan a local education authority in Wales shall have regard to the plans of the National Council for Education and Training for Wales published under section 43 of the Learning and Skills Act 2000.

(2) Subsection (3) applies if a school organisation plan prepared by a local education authority in Wales is being considered by the school organisation committee or by the adjudicator.

(3) The committee or the adjudicator shall have regard to the plans of the National Council for Education and Training for Wales published under section 43 of the Learning and Skills Act 2000.

(4) In this section references to the school organisation committee are to the committee established by the authority under regulations made under section 27.

(5) In this section references to the adjudicator are to--

(a) such person appointed as adjudicator under those regulations as may be determined in accordance with them, or

(b) such persons appointed as a panel of adjudicators under those regulations as may be so determined. "

82 (1) Section 27 of that Act (committees and adjudicators for Wales) shall be amended as follows.

(2) In subsection (1) for "sections 24 and 25 and Schedules 4 and 5" substitute "sections 24 and 25 of, and Schedules 4 and 5 to, this Act and Schedule 7 to the Learning and Skills Act 2000".

(3) In subsection (2) for "or Chapter I of Part III" substitute ", Chapter I of Part III or Schedule 7 to the Learning and Skills Act 2000".

83 In section 30(3) of that Act (notice by governing body to discontinue foundation or voluntary school) for "the appropriate further education funding council" substitute "the Learning and Skills Council for England (if the school is in England) or the National Council for Education and Training for Wales (if the school is in Wales)".

84 In section 33(1) of that Act (establishment, alteration and discontinuance of schools) after "Schedule 6" insert "to this Act or under Schedule 7 to the Learning and Skills Act 2000".

85 In section 110 of that Act (home-school agreements) in subsection (1)(b) for "or a city college for the technology of the arts" substitute ", a city college for the technology of the arts or a city academy".

86 Part VI of that Act (partnership arrangements in Wales) shall cease to have effect.

87 (1) Section 137 of that Act (Education Transfer Council: alteration and dissolution) shall be amended as follows.

(2) In subsection (3)(c) for "or under the Education Reform Act 1988" substitute ", under the Education Reform Act 1988 or under the Further and Higher Education Act 1992".

(3) At the end of subsection (4)(a) insert "or section 34 or 36 of, or Schedule 5 or 7 to, the Further and Higher Education Act 1992".

88 In section 142(1) of that Act (general interpretation) omit the definition of "the appropriate further education funding council".

89 (1) Schedule 6 to that Act (statutory proposals: procedure and implementation) shall be amended as follows.

(2) In paragraph 4(3) after paragraph (d) insert-- " or

(e) any undetermined proposals published under Schedule 7 to the Learning and Skills Act 2000. "

(3) In paragraph 4(4)(a) for "or under paragraph 8 or 9 of Schedule 7" substitute "of this Schedule, under paragraph 8 or 9 of Schedule 7 or under Schedule 7 to the Learning and Skills Act 2000".

90 (1) Schedule 7 to that Act (rationalisation of school places) shall be amended as follows.

(2) In paragraph 4(5)--

(a) in paragraph (b) for "or under paragraph 5" substitute "of this Act, paragraph 5 of this Schedule or Schedule 7 to the Learning and Skills Act 2000";

(b) in paragraph (c) after sub-paragraph (ii) insert--

" or

(iii) any determination whether or not to approve the proposals under Schedule 7 to the Learning and Skills Act 2000. "

(3) In paragraph 8(7) after paragraph (c) insert-- " and

(d) any proposals published under Schedule 7 to the Learning and Skills Act 2000 (and not withdrawn). "

(4) In paragraph 8(10) after paragraph (b) insert-- " or

(5) In paragraph 13(4) after paragraph (c) insert-- " and

(d) any proposals published under Schedule 7 to the Learning and Skills Act 2000 (and not withdrawn). "

(6) In paragraph 13(7) after paragraph (b) insert-- " or

91 In paragraph 5(1) of Schedule 22 to that Act (discontinuance of school: land)--

(a) for "or paragraph 5 of Schedule 7" substitute ", paragraph 5 of Schedule 7 to this Act or Schedule 7 to the Learning and Skills Act 2000";

(b) after paragraph (a)(ii) insert--

" or

(iii) have been approved under Schedule 7 to the Learning and Skills Act 2000, " .

Government of Wales Act 1998 (c. 38)

92 (1) Section 104 of the Government of Wales Act 1998 (funding of the Chief Inspector of Education and Training in Wales) is amended as follows.

(2) In subsection (4), omit the words from "; and in determining" to the end.

(3) After subsection (4), insert--

" (4A) The Assembly shall--

(a) approve the plan submitted to it under section 87 of the Learning and Skills Act 2000; and

(b) determine the amount of the funding it is to provide under this section in accordance with the plan as approved by it.

(4B) But before it gives its approval under subsection (4A)(a), the Assembly may require the Chief Inspector to modify the plan. "

93 In section 118(2) of that Act (meaning of "Welsh public records") after paragraph (h) insert--

" (ha) the National Council for Education and Training for Wales, " .

94 In Part I of Schedule 4 to that Act (public bodies subject to reform by Assembly) for the entry relating to the Further Education Funding Council for Wales substitute--

" 5. The National Council for Education and Training for Wales. "

Section 151.

SCHEDULE 10 Transitional provisions

Part I English Councils

Introduction

1 For the purposes of this Part of this Schedule--

(a) the appointed day is the day appointed under section 154 for the commencement of section 89;

(b) the old Council is the Further Education Funding Council for England;

(d) the new Council's full functions are its functions under sections 2 to 18.

Transitional provisions

2 The old Council must do its best to secure that any functions remaining to be discharged by it at any time after the commencement of this paragraph are discharged before the appointed day.

3 (1) Anything being done by or in relation to the old Council immediately before the appointed day may be continued on or after that day by or in relation to the new Council.

(2) In particular, any legal proceedings to which the old Council is a party immediately before the appointed day may be continued on or after that day by or in relation to the new Council.

4 Every agreement (whether written or not), and every instrument or other document, which relates to any property, right or liability to which section 89(1)(b) applies shall have effect, so far as may be required for continuing its effect on or after the appointed day, as if--

(a) where the old Council is a party to it, the new Council were substituted as that party,

(b) for a reference to the old Council there were substituted a reference to the new Council,

(c) for a reference (however worded and whether express or implied) to the chairman, the chief officer or a member of the old Council there were substituted a reference to the chairman, the chief executive or a member of the new Council, and

(d) for a reference to the office or place of business of the old Council there were substituted a reference to the office or place of business of the new Council.

5 (1) This paragraph applies if the new Council is established before it acquires its full functions.

(2) The Secretary of State may by order make provision--

(a) conferring such powers on the new Council as the Secretary of State thinks will help it to carry out its full functions when it acquires them;

(b) imposing on the old Council a duty to give such assistance to the new Council as the new Council may reasonably require to help it to carry out its full functions when it acquires them.

(3) The Secretary of State may make an order under this paragraph at any time before the day on which the new Council acquires its full functions.

6 At any time before the day on which the new Council acquires its full functions, section 1(2) has effect as if for "12" there were substituted "2".

7 (1) The new Council must discharge a duty which satisfies the following three conditions.

(2) The first condition is that the duty arises under--

(a) section 8(6)(a) of the [1992 c. 13.] Further and Higher Education Act 1992 (report on further education for disabled students), or

(b) paragraph 16 of Schedule 1 to that Act (accounts).

(3) The second condition is that the duty arises in respect of a period ending before the appointed day.

(4) The third condition is that apart from this Act the duty--

(a) would have fallen to be discharged by the old Council after the appointed day, or

(b) fell to be discharged by the old Council before the appointed day but has not been discharged.

8 If an order under section 8(4) of the [1992 c. 13.] Further and Higher Education Act 1992 confers or imposes a function on the old Council, on or after the appointed day the order is to be treated as if--

(a) it were made under section 18(4) of this Act, and

(b) it conferred or imposed the function on the new Council.

Part II Welsh Councils

Introduction

9 For the purposes of this Part of this Schedule--

(a) the appointed day is the day appointed under section 154 for the commencement of section 91;

(b) the old Council is the Further Education Funding Council for Wales;

(d) the new Council's full functions are its functions under sections 31 to 46.

Transitional provisions

10 The old Council must do its best to secure that any functions remaining to be discharged by it at any time after the commencement of this paragraph are discharged before the appointed day.

11 (1) Anything being done by or in relation to the old Council immediately before the appointed day may be continued on or after that day by or in relation to the new Council.

(2) In particular, any legal proceedings to which the old Council is a party immediately before the appointed day may be continued on or after that day by or in relation to the new Council.

12 Every agreement (whether written or not), and every instrument or other document, which relates to any property, right or liability to which section 91(1)(b) applies shall have effect, so far as may be required for continuing its effect on or after the appointed day, as if--

(a) where the old Council is a party to it, the new Council were substituted as that party,

(b) for a reference to the old Council there were substituted a reference to the new Council,

(d) for a reference to the office or place of business of the old Council there were substituted a reference to the office or place of business of the new Council.

13 (1) This paragraph applies if the new Council is established before it acquires its full functions.

(2) The National Assembly may by order make provision--

(a) conferring such powers on the new Council as the National Assembly thinks will help the new Council to carry out its full functions when it acquires them;

(b) imposing on the old Council a duty to give such assistance to the new Council as the new Council may reasonably require to help it to carry out its full functions when it acquires them.

(3) The National Assembly may make an order under this paragraph at any time before the day on which the new Council acquires its full functions.

14 At any time before the day on which the new Council acquires its full functions, section 30(2) has effect as if for "10" there were substituted "2".

15 (1) The new Council must discharge a duty which satisfies the following three conditions.

(2) The first condition is that the duty arises under--

(a) section 8(6)(a) of the [1992 c. 13.] Further and Higher Education Act 1992 (report on further education for disabled students), or

(b) paragraph 16 of Schedule 1 to that Act (accounts).

(3) The second condition is that the duty arises in respect of a period ending before the appointed day.

(4) The third condition is that apart from this Act the duty--

(a) would have fallen to be discharged by the old Council after the appointed day, or

(b) fell to be discharged by the old Council before the appointed day but has not been discharged.

16 If an order under section 8(4) of the [1992 c. 13.] Further and Higher Education Act 1992 confers or imposes a function on the old Council, on or after the appointed day the order is to be treated as if--

(a) it were made under section 46(4) of this Act, and

(b) it conferred or imposed the function on the new Council.

Part III Adult Learning Inspectorate

17 (1) During the interim period, section 52(2) has effect as if for "9" there were substituted "not less than 2 and not more than 9".

(2) The interim period begins on the day on which section 52 comes into force.

(3) The interim period ends on the first day on which there are 9 members of the Inspectorate.

Part IV Student loans

18 (1) Sub-paragraph (2) has effect in relation to the [1990 c. 6.] Education (Student Loans) Act 1990 to the extent that it continues in force by virtue of any savings made, in connection with its repeal by the [1998 c. 30.] Teaching and Higher Education Act 1998, by an order under section 46(4) of the [1998 c. 30.] Teaching and Higher Education Act 1998.

(2) Section 1(3) of the [1990 c. 6.] Education (Student Loans) Act 1990 shall have effect as if the definition of "institutions receiving support from public funds" included a reference to institutions which receive financial resources under section 5 or 34 of this Act.

Section 153.

SCHEDULE 11 Repeals

Chapter	Short title	Extent of repeal
1972 c. 11.	Superannuation Act 1972.	In Schedule 1, in the list of "Other Bodies", the words "Further Education Funding Council for England in receipt of remuneration." and "Further Education Funding Council for Wales in receipt of remuneration.".
1975 c. 24.	House of Commons Disqualification Act 1975.	In Schedule 1, in Part III the words "Any member of the Further Education Funding Council for England in receipt of remuneration." and "Any member of the Further Education Funding Council for Wales in receipt of remuneration.".
1975 c. 65.	Sex Discrimination Act 1975.	Section 25(6)(d).
1976 c. 74.	Race Relations Act 1976.	Section 19(6)(d).
1988 c. 40.	Education Reform Act 1988.	In section 124(2)(b), the words ", as defined by section 15(6) and (7) of the Education Act 1996".
1992 c. 13.	Further and Higher Education Act 1992.	Sections 1 to 9.
		Section 18(4) to (6).
		Section 28(2)(b).
		Section 32(2A).
		Section 44(6).
		Section 45(6).
		In section 52(1), the word "full-time".
		In section 55, subsections (1) to (3) and paragraphs (a) and (b) of subsection (7).
		Section 56.
		Section 60A.
		Section 91(2).
		In Schedule 1, paragraph 9.
		Schedule 2.
		Schedule 5A.
1995 c. 50.	Disability Discrimination Act 1995.	Section 19(6)(e) and (f).
		Section 30(2) to (4).
1996 c. 56.	Education Act 1996.	Section 15.
		In section 403(1) the words "local education authority,".
		In section 482, in subsection (2)(c) the word "either" and in subsection (3) the word "or" immediately preceding paragraph (b).
		In section 509(1), paragraph (d) and the word "or" immediately preceding that paragraph.
		In Schedule 37, paragraphs 70, 112 and 113.
1996 c. 57.	School Inspections Act 1996.	In section 10(3) the word "and" at the end of paragraph (g).
1997 c. 44.	Education Act 1997.	In section 30, in subsection (1) the words "or by subsection (3)" and subsection (3).
		In section 37, subsections (1) to (4) and in subsection (5) the words ", which are superseded by this section,".
1998 c. 18.	Audit Commission Act 1998.	In section 36(1), in the Table, the entry relating to a further education funding council.
		In section 36(2), the words "or a further education funding council".
1998 c. 30.	Teaching and Higher Education Act 1998.	In section 19, in subsection (1) the word "or" immediately preceding paragraph (b), in subsection (2)(f) the words "employed as a teacher at a school" and in subsection (10) the word "and" immediately preceding paragraph (c).
		In section 22(2)(h) and (7) the words " paragraph (a), in paragraph 13(4) the word "and" immediately after paragraph (b) and in paragraph 13(7) the word "or" immediately after paragraph (a).
		In Schedule 22, in paragraph 5(1) the word "or" immediately after paragraph (a)(i).
		Schedule 27.
1998 c. 31.--Contd.	School Standards and Framework Act 1998--Contd.	In Schedule 30, paragraphs 41 and 42.
1998 c. 38.	Government of Wales Act 1998.	In section 104(4), the words from "; and in determining" to the end.

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