Learning and Skills Act 2000 (c. 21)

(The document as of February, 2008)

-- Back --

Page 8

Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10 | P.11 | P.12 | P.13

(a) this section applies to land which satisfied subsection (1) or (2) immediately before the institution ceased to exist, and

(b) in subsection (7) the reference to purposes not connected with the designated institution shall be treated as a reference to purposes not connected with an institution within the further education sector (within the meaning given by section 91(3) of the [1992 c. 13.] Further and Higher Education Act 1992).

(9) In this section "the appropriate council" means--

(a) the Learning and Skills Council for England, in respect of land in England, and

(b) the National Council for Education and Training for Wales, in respect of land in Wales.

145 Further education colleges: governors' liability

(1) Subsection (2) applies where a member of a body listed in subsection (3) is found liable in civil legal proceedings in respect of something which he did or omitted to do in the course of carrying out his duties as a member of the body.

(2) If--

(a) the member of the body applies to a court for an order under this subsection, and

(b) the court considers that the action or omission which gives rise to the member's liability was honest and reasonable,

the court may make an order extinguishing, reducing or varying the liability.

(3) The bodies referred to in subsection (1) are--

(a) a further education corporation established by virtue of section 15, 16 or 47 of the [1992 c. 13.] Further and Higher Education Act 1992, and

(b) a body corporate established by virtue of section 143(4) or (5) of this Act.

(4) Where a member of a body listed in subsection (3) applies to a court for an order under this subsection, the court may make any order which--

(a) relates to liability in civil legal proceedings which may come to be incurred by the member in respect of a specified course of action, and

(b) is of a kind which the court could have made if the liability had already been incurred.

(5) In subsections (2)(a) and (4) "a court" means the High Court or a county court; but this subsection is subject to any order under section 1 of the [1990 c. 41.] Courts and Legal Services Act 1990 (allocation of business between High Court and county courts).

146 Financial support for students

(1) The [1998 c. 30.] Teaching and Higher Education Act 1998 shall be amended as follows.

(2) In section 22 (new arrangements for giving financial support to students)--

(a) in subsection (1) for "attending" substitute "undertaking", and

(b) in subsections (2)(h) and (7) omit "attendance on".

(3) In section 23 (transfer or delegation of functions relating to student support) in subsection (1)(b)--

(a) for "at" substitute "with", and

(b) for "attending" substitute "undertaking".

(4) In section 26 (imposition of conditions as to fees at further or higher education institutions) in subsections (4), (5) and (10)(b) for "attending" (in each place) substitute "undertaking".

(5) In section 28(1) (interpretation) in the definition of "fees" for "attendance on" (in each place) substitute "undertaking".

147 Financial support for students: Northern Ireland

(1) The [S.I. 1998/1759 (N.I. 13).] Education (Student Support) (Northern Ireland) Order 1998 shall be amended as follows.

(2) In Article 2(2) (interpretation) in the definition of "fees" for "attendance on" (in each place) substitute "undertaking".

(3) In Article 3 (new arrangements for giving financial support to students)--

(a) in paragraph (1) for "attending" substitute "undertaking";

(b) in paragraphs (2)(h) and (7) omit "attendance on".

(4) In Article 4 (transfer or delegation of functions relating to student support) in paragraph (1)(b)--

(a) for "at" substitute "with", and

(b) for "attending" substitute "undertaking".

(5) In Article 7 (imposition of conditions as to fees at further or higher education institutions) in paragraphs (1), (2), (3) and (8)(b) for "attending" (in each place) substitute "undertaking".

148 Sex education

(1) The [1996 c. 56.] Education Act 1996 shall be amended as follows.

(2) In section 351 (general duties in respect of the curriculum) after subsection (5) insert--

" (6) In exercising any function which may affect the provision of sex education in maintained schools, every local education authority must have regard to the guidance issued by the Secretary of State under section 403(1A).

(7) Except to the extent provided in subsection (6), nothing in this section shall be taken to impose duties on a local education authority with regard to sex education. "

(3) In section 403 (sex education: manner of provision) in subsection (1) omit "local education authority,".

(4) After subsection (1) of that section insert--

" (1A) The Secretary of State must issue guidance designed to secure that when sex education is given to registered pupils at maintained schools--

(a) they learn the nature of marriage and its importance for family life and the bringing up of children, and

(b) they are protected from teaching and materials which are inappropriate having regard to the age and the religious and cultural background of the pupils concerned.

(1B) In discharging their functions under subsection (1) governing bodies and head teachers must have regard to the Secretary of State's guidance.

(1C) Guidance under subsection (1A) must include guidance about any material which may be produced by NHS bodies for use for the purposes of sex education in schools.

(1D) The Secretary of State may at any time revise his guidance under subsection (1A). "

(5) In subsection (2) of that section--

(a) for "subsection (1)" substitute "this section", and

(b) at the end insert "and "NHS body" has the same meaning as in section 22 of the National Health Service Act 1977."

(6) In section 404 (sex education: statements of policy) after subsection (1) insert--

" (1A) A statement under subsection (1) must include a statement of the effect of section 405. "

149 Amendments

Schedule 9 contains miscellaneous and consequential amendments.

General

150 Wales

(1) Where this Part of this Act confers a function on the Secretary of State (whether by amendment of another Act or otherwise)--

(a) the function shall be exercisable in relation to Wales by the National Assembly for Wales, and

(b) for that purpose any reference to the Secretary of State shall be taken as a reference to the National Assembly.

(2) Where--

(a) this Part confers a function on the Secretary of State by amendment of an Act, and

(b) any functions of that Act have before the passing of this Act been transferred to the National Assembly by Order in Council under section 22 of the [1998 c. 38.] Government of Wales Act 1998 (transfer of functions),

the Order shall be treated for the purposes of any varying or revoking Order as having transferred to the National Assembly the function mentioned in paragraph (a).

(3) Subsection (1)(a) has effect subject to any Order in Council made by virtue of subsection (2).

(4) This section shall not apply in relation to--

(a) section 90, 92, 104, 134 or 154 of this Act,

(b) the amendment of section 1(3) of the [1983 c. 40.] Education (Fees and Awards) Act 1983 (fees at institutions) made by Schedule 9 to this Act,

(c) the amendment of section 26 of the [1988 c. 19.] Employment Act 1988 (status of trainees etc) made by Schedule 9 to this Act, or

(d) the amendment of section 19 of the [1995 c. 50.] Disability Discrimination Act 1995 (discrimination in relation to goods, facilities and services) made by Schedule 9 to this Act.

151 Transitional provisions

(1) Parts I and II of Schedule 10 contain transitional provisions relating to--

(a) the dissolution of the Further Education Funding Councils, and

(b) the establishment of the Learning and Skills Council for England and the National Council for Education and Training for Wales.

(2) Part III of Schedule 10 contains transitional provision relating to the establishment of the Adult Learning Inspectorate.

(3) Part IV of Schedule 10 contains transitional provision relating to the [1990 c. 6.] Education (Student Loans) Act 1990.

(4) Nothing in that Schedule prejudices the generality of section 152(6).

152 Orders and regulations

(1) Any power to make an order or regulations under this Act shall be exercised by statutory instrument.

(2) A statutory instrument is subject to annulment in pursuance of a resolution of either House of Parliament if the instrument contains--

(a) an order made by the Secretary of State under any provision of this Act other than section 143(4) or 154(1) or (3), or

(b) regulations made by the Secretary of State under any provision of this Act.

(3) A statutory instrument is subject to annulment in pursuance of a resolution of the Scottish Parliament if the instrument contains regulations made by the Scottish Ministers under section 104.

(4) The power of the Department of Higher and Further Education, Training and Employment in Northern Ireland to make regulations under section 106 or 109 shall be exercisable by statutory rule for the purposes of the [S.I. 1979/1573 (N.I. 12).] Statutory Rules (Northern Ireland) Order 1979; and any such regulations shall be subject to negative resolution within the meaning of section 41(6) of the [1954 c. 33 (N.I).] Interpretation Act (Northern Ireland) 1954 as if they were statutory instruments within the meaning of that Act.

(5) An order or regulations under this Act may make different provision for different purposes.

(6) An order or regulations under this Act may contain such incidental, supplementary, saving or transitional provisions as the person making the order or regulations thinks fit.

153 Repeals

Schedule 11 contains repeals.

154 Commencement

(1) The following provisions of this Act shall come into force in accordance with provision made by the Secretary of State by order--

(a) Parts I and III,

(b) sections 89, 90, 92, 94, 98, 100(1), 101, 104 to 109, 114 to 122, 132 to 136, 146 and 147,

(d) Part IV of Schedule 10, and

(e) in Schedule 11, the repeals in section 91 of the [1992 c. 13.] Further and Higher Education Act 1992 and section 142 of the [1998 c. 31.] School Standards and Framework Act 1998 and the repeals consequential upon any provision mentioned in paragraph (c).

(2) The following provisions of this Act shall come into force in accordance with provision made by the National Assembly for Wales by order--

(a) Parts II and IV, and

(b) sections 91, 93, 99, 100(2), 102, 123 to 129 and 138.

(3) If and in so far as a provision of this Part relates to England, the Secretary of State may (subject to subsection (5)) make provision by order about its commencement.

(4) If and in so far as a provision of this Part relates to Wales, the National Assembly for Wales may (subject to subsection (5)) make provision by order about its commencement.

(5) Subsections (3) and (4) do not apply to--

(a) a provision mentioned in subsection (1) or (2),

(b) any of sections 130, 131, 150, 151, 152, 155 and 156,

(d) any provision of Schedule 9 or 11 which is consequential upon section 130 or 131 or Schedule 8,

(e) Parts I to III of Schedule 10, or

(f) this section.

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

(a) in consequence of a provision of this Act being brought into force at different times in relation to England and in relation to Wales, or

(b) in consequence of one provision of this Act being brought into force before another.

(7) The National Assembly for Wales may by order make provision in relation to Wales in consequence of either of the matters mentioned in subsection (6)(a) and (b).

(8) An order under subsection (6) or (7) may, in particular, disapply or modify the application of provision made by or under this or any other Act.

155 Extent

(1) Sections 104, 152, 154, 156 and this section extend to England and Wales, Scotland and Northern Ireland.

(2) Section 107 extends to England and Wales and Northern Ireland.

(3) Sections 106, 109 and 147 extend to Northern Ireland only.

(4) Any amendment or repeal in this Act has the same extent as the provision amended or repealed.

(5) Subject to the above, this Act extends to England and Wales only.

156 Citation

This Act may be cited as the Learning and Skills Act 2000.

SCHEDULES

Section 1.

SCHEDULE 1 Learning and Skills Council for England

Chief executive

1 (1) One of the Council's members is to be its chief executive.

(2) The first chief executive is to be appointed by the Secretary of State and to hold and vacate office in accordance with the terms of his appointment.

(3) Each subsequent chief executive is to be appointed by the Council on such terms as it determines.

(4) An appointment or determination under sub-paragraph (3) requires the Secretary of State's approval.

(5) If a person to be appointed under sub-paragraph (3) is not already a member of the Council, the Secretary of State must appoint him as a member for the same term as the term of his appointment as chief executive.

(6) If a person to be appointed under sub-paragraph (3) is already a member of the Council but his term of appointment as such ends before the term of his appointment as chief executive ends, the Secretary of State must extend his term of appointment as a member so that it ends when the term of his appointment as chief executive ends.

Tenure of members

2 (1) A person is to hold and vacate office as a member or as chairman or chief executive of the Council in accordance with the terms of his appointment.

(2) On ceasing to be a member or chairman or chief executive a person is eligible for re-appointment.

(3) A person may at any time by notice in writing to the Secretary of State resign his office as a member or as chairman or chief executive.

3 (1) This paragraph applies if the Secretary of State is satisfied that a member--

(a) has been absent from meetings of the Council for a period longer than 6 consecutive months without the Council's permission, or

(b) is unable or unfit to carry out the functions of a member.

(2) The Secretary of State may by notice in writing to the member remove him from office, which shall then become vacant.

Salaries, pensions, etc

4 (1) The Council must pay in respect of its members such salaries and fees and such travelling, subsistence and other allowances as the Secretary of State may determine.

(2) A payment under sub-paragraph (1) may be made to the member concerned or (if the member consents) to another person.

(3) As regards any member in whose case the Secretary of State may so determine, the Council must pay or make provision for the payment of such sums by way of pension, allowances and gratuities to or in respect of him as the Secretary of State may determine.

(4) If a person ceases to be a member and it appears to the Secretary of State that there are special circumstances making it right that he should receive compensation, the Secretary of State may direct the Council to make to the person a payment of such amount as the Secretary of State may determine.

Staff

5 (1) The Council may appoint such employees as it thinks fit.

(2) A person is to be appointed as an employee of the Council on such terms (including terms as to remuneration and allowances) as the Council may determine.

(3) A determination under this paragraph requires the Secretary of State's approval.

6 (1) Employment with the Council is to be included among the kinds of employment to which a scheme under section 1 of the [1972 c. 11.] Superannuation Act 1972 can apply.

(2) The Council must pay to the Minister for the Civil Service such sums as he may determine in respect of the increase attributable to sub-paragraph (1) in the sums payable out of money provided by Parliament under that Act; and the Council must pay the sums at such times as that Minister may direct.

(3) If an employee of the Council is by reference to that employment a participant in a scheme under section 1 of that Act and is also a member of the Council, the Secretary of State may determine that his service as such a member is to be treated for the purposes of the scheme as service as an employee of the Council (whether or not any benefits are payable to or in respect of him by virtue of paragraph 4).

Delegation of functions

7 (1) The Council may authorise the chairman or the chief executive to exercise such of its functions as it may determine.

(2) If the chairman is authorised to exercise a function he may authorise another member of the Council to exercise it.

(3) If the chief executive is authorised to exercise a function he may authorise an employee of the Council to exercise it.

Members' interests

8 (1) A member of the Council who is in any way directly or indirectly interested in any matter that is brought up for consideration at a meeting of the Council or a committee of the Council must disclose the nature of his interest to the meeting.

(2) If such a disclosure is made--

(a) the disclosure must be recorded in the minutes of the meeting, and

(b) the member must not take any part in any deliberation or decision of the Council or any committee of the Council with respect to that matter.

(3) If a member is not present at a meeting at which a matter in which he is interested is brought up for consideration, sub-paragraph (1) only applies to him if he was aware that the matter would be brought up for consideration at the meeting.

(4) For the purposes of sub-paragraph (1) a general notification given at a meeting by a member to the effect that he--

(a) has an interest in a specified company, firm or other organisation, and

(b) is to be regarded as interested in any matter involving that company, firm or other organisation,

must be regarded as a sufficient disclosure of his interest in relation to any such matter.

(5) A member need not attend in person at a meeting in order to make a disclosure which he is required to make under this paragraph if he takes reasonable steps to secure that the disclosure is made by a notice which is read and considered at the meeting.

(6) The Secretary of State may remove a disability under this paragraph subject to such conditions as he considers appropriate.

(7) The power of the Secretary of State under sub-paragraph (6) includes power to remove (either indefinitely or for any period) a disability which would otherwise attach to any member, or members of any description, by reason of such interests, and in respect of such matters, as may be specified or described by the Secretary of State.

(8) Nothing in this paragraph precludes any member from taking part in the consideration or discussion of, or in voting on, any question whether an application should be made to the Secretary of State for the exercise of the power conferred by sub-paragraph (6).

Proceedings

9 (1) A representative of the Secretary of State is entitled to attend and take part in any deliberations (but not in decisions) at meetings of the Council.

(2) The Council must provide the Secretary of State with such copies (and made in such form) as he may require of any information distributed to members of the Council.

(3) This paragraph is without prejudice to any other rights the Secretary of State may have as a condition of any grants made to the Council under this Act.

10 The validity of any proceedings of the Council is not to be affected by a vacancy among the members or by any defect in the appointment of a member.

11 The Council may regulate its own procedure, subject to the preceding provisions of this Schedule.

Seal and proof of instruments

12 The application of the Council's seal must be authenticated by the signature--

(a) of the chairman or of some other person authorised (generally or specially) by the Council to act for that purpose, and

(b) of one other member.

13 (1) This paragraph applies if a document purports to be an instrument made or issued by or on behalf of the Council and--

(a) to be duly executed under the Council's seal, or

(b) to be signed or executed by a person authorised by the Council to act in that behalf.

(2) The document must be received in evidence and treated (without further proof) as being so made or issued unless the contrary is shown.

Accounts

14 (1) The Council must--

(a) keep proper accounts and proper records in relation to them;

(b) prepare a statement of accounts in respect of each financial year of the Council;

(c) send copies of the statement to the Secretary of State and to the Comptroller and Auditor General before the end of August next following the financial year to which the statement relates.

(2) The statement of accounts must comply with any directions given by the Secretary of State as to--

(a) the information to be contained in it;

(b) the manner in which the information is to be presented;

(3) The statement of accounts must contain such additional information as the Secretary of State may require to be provided for the information of Parliament.

(4) The Comptroller and Auditor General must--

(a) examine, certify and report on each statement received by him under this paragraph;

(b) lay copies of each statement and of his report before each House of Parliament.

Council's status

15 (1) The Council is not to be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown.

(2) The Council's property is not to be regarded as property of the Crown or as property held by or on its behalf.

Section 19.

SCHEDULE 2 Local councils

Director

1 (1) The Council must appoint one of its employees as the director of a local council.

(2) The Council must seek the advice of the chairman of a local council before appointing a director.

(3) Sub-paragraph (2) does not apply to the appointment of the first director of a local council.

(4) If a person to be appointed as a director of a local council is not already a member of that local council, the Council must appoint him as a member of the local council for the same term as the term of his appointment as director.

(5) If a person to be appointed as a director of a local council is already a member of that local council but his term of appointment as such ends before the term of his appointment as director ends, the Council must extend his term of appointment as a member so that it ends when the term of his appointment as director ends.

Tenure of members

2 (1) A person is to hold and vacate office as a member or as chairman of a local council in accordance with the terms of his appointment.

(2) On ceasing to be a member or chairman a person is eligible for re-appointment.

(3) A person may at any time by notice in writing to the Council resign his office as a member.

(4) A person may at any time by notice in writing to the Secretary of State resign his office as chairman.

3 (1) This paragraph applies if the Council is satisfied that a member of a local council--

(a) has been absent from meetings of the local council for a period longer than 6 consecutive months without the local council's permission, or

(b) is unable or unfit to carry out the functions of a member.

(2) The Council may by notice in writing to the member remove him from office, which shall then become vacant.

(3) A notice under this paragraph requires the Secretary of State's approval.

Allowances

4 The Council must pay in respect of the members of a local council such travelling, subsistence and other allowances as the Secretary of State may determine.

Staff

5 The Council may appoint such of its employees as it thinks fit to act as the staff of a local council.

Delegation of functions

6 (1) A local council may authorise the chairman or the director to exercise such of its functions as it may determine.

(2) If the chairman is authorised to exercise a function he may authorise another member of the local council to exercise it.

(3) If the director is authorised to exercise a function he may authorise an employee of the local council to exercise it.

Proceedings

7 The validity of any proceedings of a local council is not to be affected by a vacancy among the members or by any defect in the appointment of a member.

8 A local council may regulate its own procedure.

Section 26.

SCHEDULE 3 Committees (England)

Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10 | P.11 | P.12 | P.13

-- Back --

Stat