Learning and Skills Act 2000 (c. 21)

(The document as of February, 2008)

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(2) If the Council is satisfied that it cannot secure the provision of facilities for education or training which are sufficient in quantity and adequate in quality for a person with a learning difficulty who is over compulsory school age but who has not attained the age of 19 unless it also secures the provision of boarding accommodation for him, the Council must secure the provision of boarding accommodation for him.

(3) If the Council is satisfied that it cannot secure the provision of reasonable facilities for education or training for a person with a learning difficulty who has attained the age of 19 but not the age of 25 unless it also secures the provision of boarding accommodation for him, the Council must secure the provision of boarding accommodation for him.

(4) If the Council is satisfied that it cannot secure the provision of reasonable facilities for education or training for a person with a learning difficulty who has attained the age of 25 unless it also secures the provision of boarding accommodation for him, the Council may secure the provision of boarding accommodation for him.

(5) A person has a learning difficulty if--

(a) he has a significantly greater difficulty in learning than the majority of persons of his age, or

(b) he has a disability which either prevents or hinders him from making use of facilities of a kind generally provided by institutions providing post-16 education or training.

(6) But a person is not to be taken to have a learning difficulty solely because the language (or form of language) in which he is or will be taught is different from a language (or form of language) which has at any time been spoken in his home.

42 Equality of opportunity

(1) In exercising its functions the Council must have due regard to the need to promote equality of opportunity--

(a) between persons of different racial groups,

(b) between men and women, and

(2) As soon as is reasonably practicable after the end of each financial year of the Council it must publish a report containing--

(a) a statement of the arrangements made under subsection (1) and having effect in the year;

(b) an assessment of how effective the arrangements were in promoting equality of opportunity.

(3) The report must also contain a statement of the arrangements which the Council has made, or proposes to make, under subsection (1) in respect of the financial year immediately following that referred to in subsection (2).

(4) The Council must send a copy of the report to the National Assembly.

(5) "Racial group" has the same meaning as in the [1976 c. 74.] Race Relations Act 1976.

(6) Disabled persons are persons who are disabled for the purposes of the [1995 c. 50.] Disability Discrimination Act 1995.

43 Plans

(1) The Council must make a plan for each of its financial years.

(2) The Council must send its plan for its first financial year to the National Assembly as soon as is reasonably practicable after the year starts.

(3) The Council must send its plan for any subsequent financial year of the Council to the National Assembly before the year starts.

(4) A plan for a financial year must include--

(a) proposals as to how the Council intends to achieve in the financial year any objectives which should be achieved in the year in conformity with directions of the National Assembly or with conditions imposed under section 49;

(b) the Council's financial proposals for the year;

(5) The National Assembly must approve the plan or require the Council to make specified alterations of it; and if alterations are required the Council must make them.

(6) The Council must publish the plan as approved by the National Assembly or as altered in accordance with the National Assembly's requirements; and publication must be made at such time and in such manner as the National Assembly specifies.

(7) The Council may make and publish such other plans as it thinks fit; but any such plan must not conflict with a plan for a financial year.

44 Strategy

(1) The Council must formulate a strategy in relation to its functions and keep it under review.

(2) The Council must incorporate in the strategy proposals as to--

(a) how it intends to achieve any objectives contained in directions of the National Assembly;

(b) how it intends to achieve such objectives within any time limits contained in such directions.

(3) The strategy must include proposals as to how the Council intends to develop the skills of persons in employment; but this does not affect the generality of subsection (1).

(4) The Council--

(a) may at any time send to the National Assembly a copy of the strategy as it subsists for the time being;

(b) must at such times as the National Assembly indicates send to the Assembly a copy of the strategy as it subsists for the time being.

(5) The National Assembly must approve the strategy sent to it or require the Council to make specified alterations of it; and if alterations are required the Council must make them.

(6) In exercising its functions the Council must have regard to the strategy as approved by the National Assembly or as altered in accordance with its requirements.

45 Use of information by Council

In carrying out its functions the Council must have regard to information supplied to it by any body designated by the National Assembly for the purposes of this section.

46 Supplementary functions

(1) The Council may do anything which appears to it to be necessary or expedient for the purpose of or in connection with the exercise of its other functions.

(2) In particular it may--

(a) acquire and dispose of land and other property;

(b) enter into contracts;

(d) accept financial resources (whether as gifts or otherwise);

(e) accept gifts of land and other property.

(3) But the Council has no power--

(a) to borrow money;

(b) to lend money unless the National Assembly consents;

(4) The National Assembly may by order confer or impose on the Council such supplementary powers or duties relating to the provision of post-16 education or training as the National Assembly thinks fit.

(5) For the purposes of subsection (4) a power or duty is supplementary if--

(a) it is exercisable in connection with functions of the National Assembly, and

(b) it is relevant to the provision of facilities for post-16 education or training.

Miscellaneous

47 Directions

(1) The National Assembly may give directions to the Council; and the directions may include any provisions described in subsections (2) to (4).

(2) Directions may contain--

(a) objectives which the Council should achieve in seeking to carry out its functions;

(b) time limits within which the Council should achieve the objectives;

(3) Subsection (4) applies if the National Assembly is satisfied that the Council--

(a) has failed to discharge a duty imposed by or under any Act, or

(b) has acted or is proposing to act unreasonably with respect to the exercise of a power conferred or the performance of a duty imposed by or under any Act.

(4) In such a case directions may contain such provision as the National Assembly thinks fit as to the exercise of the Council's powers and performance of its duties.

(5) Directions may contain provision described in subsection (4) despite any enactment making the exercise of a power or performance of a duty contingent on the Council's opinion.

(6) Directions may not concern the provision of financial resources in respect of activities carried on by a particular person or persons.

(7) If the National Assembly asks the Council to do so, it must advise the National Assembly on the formulation of objectives and time limits.

(8) The Council must comply with any directions given to it by the National Assembly.

48 Committees

Schedule 5 contains provisions about committees.

49 Grants to Council

(1) The National Assembly may make grants to the Council of such amounts and subject to such conditions as the National Assembly thinks fit; and the conditions may include any provisions described below.

(2) The conditions may set the Council's budget for any of its financial years.

(3) The conditions may--

(a) require the Council to use the grants for specified purposes;

(b) require the Council to comply with specified requirements in respect of every person (or every person of a specified class or description) in securing the provision of specified financial resources to such persons;

(c) enable the National Assembly to require the repayment, in whole or in part, of sums paid by it if any condition imposed is not complied with;

(d) require the payment of interest in respect of any period during which a sum due to the National Assembly in accordance with any condition remains unpaid.

(4) Requirements which may be imposed under subsection (3)(b) include in particular requirements that, if the Council itself provides specified financial resources, it is to impose specified conditions.

(5) The National Assembly may not impose conditions which relate to the Council's securing of the provision of financial resources to a particular person or persons.

50 Annual report

(1) As soon as is reasonably practicable after the end of each financial year of the Council it must prepare a report on its activities in that year and send a copy of the report to the National Assembly.

(2) A report--

(a) must be in such form and contain such information as the National Assembly may specify in directions to the Council;

(b) must set out any other directions given to the Council under this Part in the financial year to which the report relates.

(3) Following receipt of a copy of a report under this section the National Assembly must arrange for copies of it to be published in such manner as it thinks appropriate.

51 Council's financial year

A financial year of the Council is--

(a) the period starting with the date on which it is established and ending with the second 31 March following that date;

(b) each successive period of 12 months.

Part III Inspections in England

Chapter I The Adult Learning Inspectorate

The Inspectorate

52 The Inspectorate

(1) There shall be a body corporate called the Adult Learning Inspectorate.

(2) The Inspectorate is to consist of 9 members appointed by the Secretary of State.

(3) The Secretary of State must appoint one of the members as chairman and another of the members as the Inspectorate's chief officer.

(4) The chief officer is to be known as the Chief Inspector of Adult Learning.

(5) In appointing any member, the Secretary of State must have regard to the desirability of appointing a person who has experience relevant to the Inspectorate's functions.

(6) The Secretary of State may make grants to the Inspectorate of such amounts and subject to such conditions as he thinks fit.

(7) The conditions may--

(a) set the Inspectorate's budget for any of its financial years;

(b) require it to use the grants for specified purposes;

(c) enable the Secretary of State to require the repayment, in whole or in part, of sums paid by him if any condition imposed is not complied with;

(d) require the payment of interest in respect of any period during which a sum due to the Secretary of State in accordance with any of the conditions remains unpaid.

(8) Schedule 6 contains provisions about the Inspectorate.

53 The Inspectorate's remit

(1) The Inspectorate's remit is--

(a) further education for persons aged 19 or over which is wholly or partly funded by the Learning and Skills Council for England;

(b) training for persons aged 16 or over so far as it takes place wholly or partly at the premises of an employer and is wholly or partly funded by the Council;

(d) training for persons aged 16 or over which is funded by the Secretary of State under section 2 of the [1973 c. 50.] Employment and Training Act 1973;

(e) such other education or training as may be prescribed by regulations made by the Secretary of State.

(2) Regulations made under subsection (1)(e) may include within the Inspectorate's remit training of or for teachers, lecturers, trainers or other persons engaged in the provision of education or training which otherwise falls within the Inspectorate's remit.

(3) "Further education" has the same meaning as it has in the [1996 c. 56.] Education Act 1996.

Functions of the Inspectorate and the Chief Inspector

54 Functions of the Inspectorate and Chief Inspector

(1) The Inspectorate must keep the Secretary of State informed about--

(a) the quality of the education and training within its remit;

(b) the standards achieved by those receiving that education and training; and

(c) whether the financial resources made available to those providing that education and training are managed efficiently and used in a way which provides value for money.

(2) When asked to do so by the Secretary of State, the Inspectorate must give the Secretary of State advice on such matters relating to education or training within its remit as he may specify.

(3) When asked to do so by the Secretary of State, the Chief Inspector of Adult Learning must conduct inspections of such education or training, or such class of education or training, within the Inspectorate's remit, at such intervals, as the Secretary of State may specify.

(4) The Inspectorate is to have such other functions in connection with education and training within its remit as the Secretary of State may specify.

(5) The Chief Inspector is to have such other functions in connection with education and training within the Inspectorate's remit as the Secretary of State may specify.

(6) The functions specified under subsection (4) or (5) may include functions with respect to training of or for teachers, lecturers, trainers or other persons engaged in the provision of education or training which falls within the Inspectorate's remit.

(7) In exercising their functions, the Inspectorate and the Chief Inspector must have regard to such aspects of government policy as the Secretary of State may specify.

55 Inspections under section 54

(1) When an inspection asked for under section 54(3) has been completed, the Chief Inspector of Adult Learning must make a written report on it if asked to do so by the Secretary of State.

(2) The report--

(a) must state whether the Chief Inspector considers the education or training inspected to be of a quality adequate to meet the reasonable needs of those receiving it; and

(b) may deal with such other matters as he considers relevant.

(3) The Chief Inspector must send copies of the report to--

(a) the Secretary of State;

(b) the Learning and Skills Council for England;

(d) the provider of the inspected education or training.

(4) Copies may also be sent to such other persons as the Chief Inspector considers appropriate.

(5) The Chief Inspector must arrange for the report to be published in such manner as he considers appropriate.

56 General powers

(1) The Inspectorate may give advice to the Secretary of State on any matter relating to education or training within its remit.

(2) The Inspectorate may inspect, and report on, any education or training within its remit.

(3) The Inspectorate may inspect any education or training--

(a) which is not within its remit, but

(b) which would be if it were funded in one of the ways mentioned in section 53,

if asked to do so by the provider of the education or training.

(4) The Inspectorate may charge for the cost of an inspection conducted under subsection (3).

(5) The Inspectorate must send copies of a report of an inspection conducted under this section otherwise than as a result of a request under subsection (3) to--

(a) the Secretary of State;

(b) the Learning and Skills Council for England;

(d) the provider of the inspected education or training.

(6) Copies may also be sent to such other persons as the Inspectorate considers appropriate.

(7) The Inspectorate must arrange for the report to be published in such manner as it considers appropriate.

(8) The Inspectorate may arrange for a report of an inspection carried out as a result of a request under subsection (3) to be published.

57 Right of entry and offences

(1) This section applies to an inspection conducted under this Chapter other than one conducted as a result of a request under section 56(3).

(2) An inspector taking part in the inspection has, at all reasonable times--

(a) a right of entry to premises on which the education or training being inspected is provided;

(b) a right of entry to premises of the person providing that education or training used in connection with that provision;

(c) a right to inspect, and take copies of, any records kept by that person, and any other documents containing information relating to the education or training, which the inspector requires for the purposes of the inspection.

(3) In respect of education or training provided by an employer in the workplace, the right of entry conferred by subsection (2) may be exercised only if the employer has been given reasonable notice in writing.

(4) The right to inspect records conferred by subsection (2)(c) includes the right to have access to, and to inspect and check the operation of, any computer and any associated apparatus or material which is or has been in use in connection with the records in question.

(5) That right also includes the right to require--

(a) the person by whom or on whose behalf the computer is or has been so used, or

(b) any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material,

to afford the Inspectorate or any inspector such assistance as he may reasonably require.

(6) It is an offence wilfully to obstruct any person exercising functions in relation to an inspection.

(7) A person guilty of such an offence is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(8) "Inspector", in relation to an inspection, means an employee of the Inspectorate taking part in the inspection or any person appointed by the Inspectorate to assist with the inspection and includes the Chief Inspector of Adult Learning where the inspection is being conducted by him.

58 Action plans

(1) This section applies if the Inspectorate or the Chief Inspector of Adult Learning publishes a report of an inspection conducted otherwise than as a result of a request under section 56(3).

(2) The provider of the education or training which is the subject of the report must make a written statement of the action which he proposes to take in the light of the report and the period within which he proposes to take it.

(3) The person making the statement must--

(a) publish it within such period, and in such manner, as may be prescribed by regulations made by the Secretary of State; and

(b) send copies of it to such persons as may be so prescribed.

(4) The requirements of subsection (2) may be waived by the Inspectorate or the Chief Inspector.

59 Annual report

(1) The Inspectorate must make an annual report to the Secretary of State.

(2) The Secretary of State must lay a copy of the annual report before each House of Parliament.

(3) The annual report must be in such form and contain such information as the Secretary of State specifies in directions given to the Inspectorate.

(4) The Inspectorate may make such other reports to the Secretary of State, with respect to matters relating to education or training within its remit, as it considers appropriate.

(5) The Inspectorate may publish any report made under this section in such manner as it considers appropriate.

Chapter II Her Majesty's Chief Inspector of Schools in England

The Chief Inspector's extended remit

60 The extended remit

(1) The following kinds of education and training are brought within the remit of Her Majesty's Chief Inspector of Schools in England by this Chapter--

(a) secondary education provided in institutions which are in England and within the further education sector;

(b) further education provided in the further education sector which is suitable to the requirements of those aged 16 or over but under 19 and funded wholly or partly by the Learning and Skills Council for England;

(d) such other education or training (which may, in particular, include training of or for teachers or lecturers) as may be prescribed by regulations made by the Secretary of State.

(2) "Secondary education" and "further education" have the same meaning as they have in the [1996 c. 56.] Education Act 1996.

Additional functions

61 Additional functions of the Chief Inspector

(1) Her Majesty's Chief Inspector of Schools in England must keep the Secretary of State informed about--

(a) the quality of the education and training brought within the Chief Inspector's remit by this Chapter;

(b) the standards achieved by those receiving that education and training; and

(c) whether the financial resources made available to those providing it are managed efficiently and used so as to provide value for money.

(2) When asked to do so by the Secretary of State, the Chief Inspector must--

(a) give him advice on such matters, relating to education or training brought within the Chief Inspector's remit by this Chapter, as the Secretary of State may specify;

(b) inspect such education or training, or such class of education or training, within that remit as the Secretary of State may specify;

(3) The Chief Inspector is to have such other functions in connection with education and training brought within the Chief Inspector's remit by this Chapter, including functions with respect to the training of or for teachers or lecturers, as the Secretary of State may specify.

62 Inspection of further education institutions

(1) Her Majesty's Chief Inspector of Schools in England must inspect all institutions within the further education sector other than those providing education or training falling wholly within the remit of the Adult Learning Inspectorate.

(2) Inspections are to be conducted at such intervals as may be specified by the Secretary of State.

(3) When the Chief Inspector has completed an inspection under this section he must make a written report.

(4) The report--

(a) must state whether the Chief Inspector considers the education or training inspected to be adequate to meet the reasonable needs of those receiving it; and

(b) may deal with such other matters as the Chief Inspector considers relevant.

(5) Copies of the report must be sent to--

(a) the Secretary of State;

(b) the Learning and Skills Council for England;

(6) Copies may also be sent to such other persons as the Chief Inspector considers appropriate.

(7) The Chief Inspector must arrange for the report to be published in such manner as he considers appropriate.

63 Right of entry and offences

(1) This section applies to an inspection conducted under section 61(2)(b), 62, 65 or 68(2).

(2) When conducting an inspection, Her Majesty's Chief Inspector of Schools in England has, at all reasonable times--

(a) a right of entry to premises on which the education or training being inspected is provided;

(b) a right of entry to premises of the provider of that education or training used in connection with that provision;

(c) a right to inspect, and take copies of, any records kept by that person, and any other documents containing information relating to the education or training, which the Chief Inspector requires for the purposes of the inspection.

(3) The right to inspect conferred by subsection (2)(c) includes the right to have access to, and to inspect and check the operation of, any computer and any associated apparatus or material which is or has been in use in connection with the records in question.

(4) That right also includes the right to require--

(a) the person by whom or on whose behalf the computer is or has been so used, or

(b) any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material,

to afford the Chief Inspector such assistance as he may reasonably require.

(5) It is an offence wilfully to obstruct the Chief Inspector in the exercise of functions in relation to an inspection.

(6) A person guilty of such an offence is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

64 Action plans

(1) This section applies if Her Majesty's Chief Inspector of Schools in England publishes a report of an inspection conducted under section 61(2)(b), 62 or 68(2).

(2) The provider of the education or training which is the subject of the report must prepare a written statement of the action which he proposes to take in the light of the report and the period within which he proposes to take it.

(3) The person making the statement must--

(a) publish it within such period, and in such manner, as may be prescribed by regulations made by the Secretary of State; and

(b) send copies of it to such persons as may be so prescribed.

(4) The requirements of subsection (2) may be waived by the Chief Inspector.

65 Area inspections

(1) If asked to do so by the Secretary of State, Her Majesty's Chief Inspector of Schools in England must inspect--

(a) the quality and availability of a specified description of education or training, in a specified area in England, for persons who are aged 16 or over but under 19;

(b) the standards achieved by those receiving that education or training; and

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