Learning and Skills Act 2000 (c. 21)

(The document as of February, 2008)

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(a) the Secretary of State;

(b) Her Majesty's Chief Inspector of Schools in England;

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

(4) A scheme under this section comes into force on the day it specifies for it to come into force.

(5) When a scheme under this section comes into force it has effect to transfer (in accordance with its provisions) the property, rights and liabilities to which it applies.

(6) The day specified by a scheme under this section for the scheme to come into force must fall before the day appointed under section 154 for the commencement of section 89.

91 Dissolution of FEFC for Wales

(1) On the appointed day--

(a) the Further Education Funding Council for Wales shall be dissolved, and

(b) all property, rights and liabilities to which it was entitled or subject immediately before that day shall by virtue of this section become property, rights and liabilities of the National Council for Education and Training for Wales.

(2) The appointed day is the day appointed under section 154 for the commencement of this section.

Other transfers

92 Transfers: England

(1) The Secretary of State may make a scheme providing for the transfer of any of his property, rights and liabilities to any of the listed persons.

(2) The Secretary of State may make a scheme providing for the transfer of any of the property, rights and liabilities of a listed person to any other listed person.

(3) The Secretary of State may make a scheme providing for the transfer to any listed person of any of the property, rights and liabilities of a person with whom the Secretary of State has made arrangements under section 2 of the [1973 c. 50.] Employment and Training Act 1973 (arrangements regarding employment).

(4) The listed persons are--

(a) the Learning and Skills Council for England;

(b) Her Majesty's Chief Inspector of Schools in England;

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

(6) A scheme under this section comes into force on the day it specifies for it to come into force.

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

(8) If a scheme under subsection (1) includes provision for the transfer of liabilities, the day specified by the scheme for it to come into force must not fall after the end of the period of 3 years starting with the day appointed under section 154 for the commencement of section 89.

(9) The day specified by a scheme under subsection (2) or (3) for the scheme to come into force must not fall after the end of the period of 3 years starting with the day appointed under section 154 for the commencement of section 89.

(10) A scheme under subsection (3) is invalid unless it is made with the consent of the person from whom the transfer is to be made.

93 Transfers: Wales

(1) The National Assembly for Wales may make a scheme providing for the transfer of any of its property, rights and liabilities to the National Council for Education and Training for Wales.

(2) The National Assembly may make a scheme providing for the transfer to the Council of any of the property, rights and liabilities of a person with whom the National Assembly has made arrangements under section 2 of the [1973 c. 50.] Employment and Training Act 1973 (arrangements regarding employment).

(3) A scheme under this section may include such supplementary, incidental, consequential or transitional provisions as the National Assembly thinks are appropriate.

(4) A scheme under this section comes into force on the day it specifies for it to come into force.

(5) When a scheme under this section comes into force it has effect to transfer (in accordance with its provisions) the property, rights and liabilities to which it applies.

(6) If a scheme under subsection (1) includes provision for the transfer of liabilities, the day specified by the scheme for it to come into force must not fall after the end of the period of 3 years starting with the day appointed under section 154 for the commencement of section 91.

(7) The day specified by a scheme under subsection (2) for the scheme to come into force must not fall after the end of the period of 3 years starting with the day appointed under section 154 for the commencement of section 91.

(8) A scheme under subsection (2) is invalid unless it is made with the consent of the person from whom the transfer is to be made.

Transfers: further provision

94 Stamp duty

(1) A transfer effected by virtue of section 89 or 91 is not to give rise to liability to stamp duty.

(2) Stamp duty is not to be chargeable on a scheme made under section 90, 92 or 93.

95 Contracts of employment

(1) This section applies if rights and liabilities under a contract of employment are transferred by virtue of--

(a) section 89 or 91, or

(b) a scheme under section 90, 92 or 93.

(2) Anything done by or in relation to the transferor in respect of the employee before the day on which the transfer takes effect is to be treated on and after that day as done by or in relation to the transferee.

(3) For the purposes of Part XI of the [1996 c. 18.] Employment Rights Act 1996 (redundancy payments etc) the employee is not to be regarded as having been dismissed by virtue of the transfer.

(4) For the purposes of that Act the employee's period of employment with the transferor is to count as a period of employment with the transferee, and the change of employment is not to break the continuity of the period of employment.

(5) The preceding provisions do not prejudice any right of the employee to terminate the contract of employment if a substantial change is made to his detriment in his working conditions, but no such right arises by reason only of the change in employer effected by the transfer.

(6) For the purposes of this section--

(a) the transferor is the person from whom the rights and liabilities are transferred;

(b) the transferee is the person to whom the rights and liabilities are transferred.

External qualifications

96 Persons under 19

(1) This section applies to a course of education or training--

(a) which is provided (or proposed to be provided) by or on behalf of a school or institution or employer,

(b) which leads to an external qualification, and

(c) which is provided (or proposed to be provided) for pupils who are of compulsory school age or for pupils who are above that age but have not attained the age of 19.

(2) Unless the external qualification is approved under section 98 or 99, the course must not be--

(a) funded by an authorised body (as defined in section 100), or

(b) provided by or on behalf of a maintained school.

(3) In relation to a maintained school, the local education authority and the governing body must carry out their functions with a view to securing that subsection (2)(b) is not contravened.

(4) The course mentioned in subsection (1) may be one of two or more components leading to the same qualification.

(5) An external qualification is a qualification awarded or authenticated by an outside person, other than a qualification resulting from any of these courses--

(a) a course for the further training of teachers or youth and community workers;

(b) a post-graduate course (including a higher degree course);

(d) a course for the Diploma of Higher Education;

(e) a course for the Certificate in Education.

(6) A qualification is awarded by an outside person if it is awarded by a person other than--

(a) the school or institution or employer, or

(b) a member of the staff of the school or institution or employer.

(7) A qualification is authenticated by an outside person if it is awarded by the school or institution or employer and is authenticated by a person other than--

(a) the school or institution or employer, or

(b) a member of the staff of the school or institution or employer.

(8) These are maintained schools--

(a) a community, foundation or voluntary school;

(b) a community or foundation special school.

97 Persons over 19

(1) This section applies if an institution or employer--

(a) receives financial resources from an authorised body (as defined in section 100), and

(b) provides for persons who have attained the age of 19 a course of education or training which leads to an external qualification.

(2) The authorised body must carry out its functions with a view to securing that, unless the external qualification is approved under section 98 or 99, the institution or employer does not make a payment which--

(a) is a payment in respect of the qualification,

(b) is made to the outside person who awards or authenticates the qualification, and

(c) can reasonably be said to consist of or come from the financial resources received from the authorised body (or those resources and others).

(3) The course mentioned in subsection (1) may be one of two or more components leading to the same qualification.

(4) An external qualification is a qualification awarded or authenticated by an outside person, other than a qualification resulting from any of these courses--

(a) a course for the further training of teachers or youth and community workers;

(b) a post-graduate course (including a higher degree course);

(d) a course for the Diploma of Higher Education;

(e) a course for the Certificate in Education.

(5) A qualification is awarded by an outside person if it is awarded by a person other than the institution or employer or a member of its or his staff.

(6) A qualification is authenticated by an outside person if it is awarded by the institution or employer and is authenticated by a person other than the institution or employer or a member of its or his staff.

(7) A payment in respect of a qualification includes a payment in respect of--

(a) devising, administering, verifying or certifying the qualification;

(b) setting or moderating examinations for the purposes of the qualification;

98 Approved qualifications: England

(1) This section has effect for the purposes of sections 96 and 97 in their application to England.

(2) A qualification is approved at a given time if--

(a) it is then approved by the Secretary of State, or

(b) it is then approved by a body then designated by him for the purposes of this section.

(3) Approval may be given generally or in relation to particular cases.

(4) An approval given by a designated body is ineffective unless the Secretary of State consents to the approval.

(5) The Secretary of State may at any time revoke--

(a) a designation;

(b) an approval given by him;

(6) A designated body may at any time revoke an approval given by it.

(7) If the Secretary of State asks the Qualifications and Curriculum Authority to do so, it must advise him on any approval he proposes to give under subsection (2)(a).

(8) If a designated body asks the Qualifications and Curriculum Authority to do so, it must advise the body on any approval the body proposes to give under subsection (2)(b).

99 Approved qualifications: Wales

(1) This section has effect for the purposes of sections 96 and 97 in their application to Wales.

(2) A qualification is approved at a given time if--

(a) it is then approved by the National Assembly for Wales, or

(b) it is then approved by a body then designated by the National Assembly for the purposes of this section.

(3) Approval may be given generally or in relation to particular cases.

(4) An approval given by a designated body is ineffective unless the National Assembly consents to the approval.

(5) The National Assembly may at any time revoke--

(a) a designation;

(b) an approval given by the National Assembly;

(6) A designated body may at any time revoke an approval given by it.

(7) If the National Assembly asks the Qualifications, Curriculum and Assessment Authority for Wales to do so, it must advise the National Assembly on any approval the National Assembly proposes to give under subsection (2)(a).

(8) If a designated body asks the Qualifications, Curriculum and Assessment Authority for Wales to do so, it must advise the body on any approval the body proposes to give under subsection (2)(b).

100 Authorised bodies

(1) For the purposes of sections 96 and 97 in their application to England these are authorised bodies--

(a) the Learning and Skills Council for England;

(b) a local education authority;

(2) For the purposes of sections 96 and 97 in their application to Wales these are authorised bodies--

(a) the National Council for Education and Training for Wales;

(b) a local education authority;

101 Enforcement: England

(1) This section has effect for the purposes of sections 96 and 97 in their application to England, and it applies if the Secretary of State is satisfied that--

(a) a local education authority or specified body has failed to comply with section 96(2)(a) or is proposing to do so,

(b) a local education authority or governing body has failed to comply with section 96(3) or is proposing to do so, or

(2) The Secretary of State may give such directions to the authority or body as he thinks fit.

(3) An authority or body must comply with any directions given to it under this section.

(4) A specified body is a body specified under section 100(1)(c).

102 Enforcement: Wales

(1) This section has effect for the purposes of sections 96 and 97 in their application to Wales, and it applies if the National Assembly for Wales is satisfied that--

(a) a local education authority or specified body has failed to comply with section 96(2)(a) or is proposing to do so,

(b) a local education authority or governing body has failed to comply with section 96(3) or is proposing to do so, or

(2) The National Assembly may give such directions to the authority or body as it thinks fit.

(3) An authority or body must comply with any directions given to it under this section.

(4) A specified body is a body specified under section 100(2)(c).

103 Amendments relating to external qualifications

(1) The [1997 c. 44.] Education Act 1997 shall be amended as follows.

(2) In section 24 (functions of Qualifications and Curriculum Authority in relation to external qualifications) in subsection (2) for paragraphs (h) and (i) substitute--

" (gg) 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 such qualifications and which fall within a prescribed description. "

(3) In subsection (3) of section 24 for "(g)" substitute "(gg)".

(4) In section 30 (functions of Qualifications, Curriculum and Assessment Authority for Wales in relation to external qualifications)--

(a) in subsection (1) omit "or by subsection (3)";

(b) in subsection (2) for "(g)" substitute "(gg)";

(5) In section 37 (requirement for approval of certain courses leading to external qualifications) omit subsections (1) to (4) and in subsection (5) the words ", which are superseded by this section,".

Qualifying accounts and arrangements

104 Qualifying accounts

(1) Subsection (2) applies if a provision contained in or made under an enactment requires an account to qualify under this section (or to qualify under it at a particular time).

(2) The provision is to be taken to require the account to satisfy conditions specified by the Secretary of State in regulations made under this section (or to satisfy them at the time concerned).

(3) These conditions may be included--

(a) conditions as to the description of individual who may hold an account;

(b) conditions as to the description of institution with which an account may be held;

(c) conditions requiring an account not to be a joint one, or not to be held on behalf of a person other than the holder, or not to be held with another account of a specified description, or not to be connected with another account;

(d) conditions requiring an account to be identified by a specified name.

(4) Conditions as to the description of institution with which an account may be held may themselves specify the description or may allow the Secretary of State to specify it in a way he thinks fit.

(5) The regulations may provide that a specification of a description of institution with which an account may be held may include a requirement for institutions to have the benefit of approvals which have been given by the Secretary of State and not withdrawn.

(6) The regulations may contain provision securing that an individual may not simultaneously hold more than one account which qualifies under this section.

(7) The power to make regulations under this section is to be exercised by the Scottish Ministers so far as those regulations are to have effect for the purposes of any provision of, or made under, an Act of the Scottish Parliament authorising grants to be paid to, or in respect of, individuals in connection with their education or training; and for this purpose references in this section to the Secretary of State are to be treated as references to the Scottish Ministers.

(8) For the purposes of this section an enactment includes an Act of the Scottish Parliament.

105 Qualifying arrangements

(1) Subsection (2) applies if a provision contained in or made under an enactment requires arrangements to qualify under this section (or to qualify under it at a particular time).

(2) The provision is to be taken to require the arrangements to satisfy conditions specified by the Secretary of State in regulations made under this section (or to satisfy them at the time concerned).

(3) These conditions may be included--

(a) conditions as to the description of individual who may enter into arrangements;

(b) conditions as to the description of body with which arrangements may be made;

(d) conditions requiring the arrangements to be identified by a specified name.

(4) Conditions as to the description of body with which arrangements may be made may themselves specify the description or may allow the Secretary of State to specify it in a way he thinks fit.

(5) The regulations may provide that a specification of a description of body with which arrangements may be made may include a requirement for bodies to have the benefit of approvals which have been given by the Secretary of State and not withdrawn.

(6) The regulations may contain provision securing that an individual may not simultaneously--

(a) be a party to more than one set of arrangements which qualify under this section, or

(b) be a party to arrangements which qualify under this section and to arrangements falling within subsection (7).

(7) Arrangements fall within this subsection if they are--

(a) arrangements which qualify under such provision of the law of Scotland as in the opinion of the Secretary of State corresponds to this section, or

(b) arrangements which qualify under section 106.

106 Qualifying arrangements: Northern Ireland

(1) Subsection (2) applies if a provision contained in or made under an enactment requires arrangements to qualify under this section (or to qualify under it at a particular time).

(2) The provision is to be taken to require the arrangements to satisfy conditions specified by the Department of Higher and Further Education, Training and Employment in Northern Ireland in regulations made under this section (or to satisfy them at the time concerned).

(3) Subsections (3) to (7) of section 105 apply to regulations under this section as they apply to regulations under that section; and for this purpose--

(a) references in those subsections to the Secretary of State are to be treated as references to the Department;

(b) the reference in subsection (7)(b) to arrangements which qualify under this section is to be treated as a reference to arrangements which qualify under section 105.

107 Qualifying arrangements: further provision

(1) The Secretary of State (or a person designated by him) may make arrangements with a body in connection with the making by that body of arrangements which qualify under section 105.

(2) Arrangements under subsection (1) may include provision for the remuneration of a body and the payment of its expenses.

(3) Arrangements under subsection (1) may include provision for a person designated by the Secretary of State to carry out on his behalf such of his functions under the arrangements as he specifies.

(4) The Secretary of State may pay--

(a) to a person designated by him under subsection (1) to make arrangements with a body, or

(b) to a person designated by him under subsection (3) to carry out functions on his behalf,

remuneration or amounts to meet the person's expenses.

(5) The Department of Higher and Further Education, Training and Employment in Northern Ireland (or a person designated by it) may make arrangements with a body in connection with the making by that body of arrangements which qualify under section 106.

(6) Subsections (2) to (4) apply to arrangements under subsection (5) as they apply to arrangements under subsection (1); and for this purpose references in subsections (2) to (4) to the Secretary of State are to be treated as references to the Department.

108 Grants

(1) The Secretary of State may make regulations authorising grants to be paid to or in respect of individuals in connection with their education or training.

(2) The regulations must provide that grants may be paid only to or in respect of individuals--

(a) who hold accounts which qualify under section 104,

(b) who are parties to arrangements which qualify under section 105, or

(3) The regulations may provide that grants may not be paid unless other specified conditions are satisfied.

(4) These conditions may be included--

(a) conditions as to the way the accounts qualifying under section 104 are operated (including conditions requiring them to contain a specified balance);

(b) conditions as to the way the arrangements qualifying under section 105 are conducted;

(d) conditions requiring individuals not to be receiving or have received specified benefits;

(e) conditions as to the kinds of education or training which qualify.

(5) The regulations may provide--

(a) that the amounts of grants, and when and how they are paid, are to be decided by the Secretary of State;

(b) that grants may be paid on such terms as the Secretary of State decides and that the terms may include terms requiring repayment in specified circumstances;

(d) that if grants are payable under the regulations they may be paid by the Secretary of State or by other persons under arrangements made with him;

(e) that if such arrangements are made the Secretary of State may pay the persons concerned remuneration or amounts to meet their expenses.

(6) Conditions as to the kinds of education or training which qualify may include provision for the kinds to be specified--

(a) by the Secretary of State in a way he thinks fit, or

(b) if he so decides, by a person who (at the time of the specification) is designated by the Secretary of State and who specifies in a way the Secretary of State stipulates.

(7) The regulations may provide that a specification of the kinds of education or training which qualify may include a requirement for the education or training to be provided by persons for the time being approved--

(a) by the Secretary of State, or

(b) if he so decides, by a person who (at the time of the approval) is designated by the Secretary of State.

109 Grants: Northern Ireland

(1) The Department of Higher and Further Education, Training and Employment in Northern Ireland may make regulations authorising grants to be paid to or in respect of individuals in connection with their education or training.

(2) The regulations must provide that grants may be paid only to or in respect of individuals--

(a) who hold accounts which qualify under section 104,

(b) who are parties to arrangements which qualify under section 106, or

(3) Subsections (3) to (7) of section 108 apply to regulations under this section as they apply to regulations under that section; and for this purpose--

(a) references in those subsections to the Secretary of State are to be treated as references to the Department;

(b) the reference in subsection (4)(b) to arrangements which qualify under section 105 is to be treated as a reference to arrangements which qualify under section 106.

Sixth-form education

110 Secondary education

(1) After section 2(2) of the [1996 c. 56.] Education Act 1996 (definition of secondary education) there shall be inserted--

" (2A) Education is also secondary education for the purposes of this Act (subject to subsection (5)) if it is provided by an institution which--

(a) is maintained by a local education authority, and

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