Learning and Skills Act 2000 (c. 21)

(The document as of February, 2008)

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SCHEDULE 3 Committees (England)

General

1 (1) The Council--

(a) must establish a young people's learning committee and an adult learning committee;

(b) may establish such other committees as it thinks fit.

(2) Members of a committee may be (but need not be) members of the Council.

(3) Nothing in this Schedule applies to local learning and skills councils.

Young people's learning committee

2 (1) This paragraph applies to the young people's learning committee.

(2) The committee must--

(a) investigate the provision of education and training of young persons and the provision of financial resources for their education and training;

(b) advise the Council on the provision of such education and training and the provision of such resources.

(3) The committee must also consider, and advise the Council on, what education and training would be appropriate for young persons of different abilities and aptitudes in order to prepare them for those opportunities, responsibilities and experiences of adult life which are not connected to employment.

(4) The committee is to have such other functions relating to the education and training of young persons, and such functions relating to their employment, as the Council specifies.

(5) The committee's members are to be appointed by the Council with the approval of the Secretary of State.

(6) The Secretary of State must appoint one of the members as chairman after seeking the Council's advice.

(7) In appointing a member the Council and the Secretary of State must have regard to the desirability of appointing a person who appears to them to understand the needs of young persons receiving education or training.

(8) A person is a young person in the period which--

(a) starts with the beginning of the year in which he attains the age of 15, and

(b) ends when he attains the age of 19.

(9) A year is a year beginning with 1 September.

Adult learning committee

3 (1) This paragraph applies to the adult learning committee.

(2) The committee must--

(a) investigate the provision of education and training of adults and the provision of financial resources for their education and training;

(b) advise the Council on the provision of such education and training and the provision of such resources.

(3) The committee is to have such other functions relating to the education and training of adults, and such functions relating to their employment, as the Council specifies.

(4) The committee's members are to be appointed by the Council with the approval of the Secretary of State.

(5) The Secretary of State must appoint one of the members as chairman after seeking the Council's advice.

(6) In appointing a member the Council and the Secretary of State must have regard to the desirability of appointing a person who appears to them to understand the needs of adults receiving education or training.

(7) An adult is a person who has attained the age of 19.

Other committees

4 (1) This paragraph applies to any committee of the Council other than the young people's learning committee and the adult learning committee.

(2) The committee's functions--

(a) are to be such functions as the Council specifies, and

(b) are to concern such matters as the Council specifies.

(3) The committee's members are to be appointed by the Council.

Tenure of members

5 (1) A person is to hold and vacate office as a member of a committee of the Council in accordance with the terms of his appointment.

(2) On ceasing to be a member of a committee 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 of the young people's learning committee or of the adult learning committee.

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

6 (1) This paragraph applies if the Council is satisfied that a member of a committee of the Council--

(a) has been absent from meetings of the committee for a period longer than 6 consecutive months without the committee'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.

Allowances

7 The Council must pay to the members of any of its committees who are not members of the Council such travelling, subsistence and other allowances as the Secretary of State may determine.

Proceedings

8 (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 any committee of the Council.

(2) The Council must provide the Secretary of State with such copies as he may require of any documents distributed to members of any committee of the Council.

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

10 The Council may regulate the procedure of any of its committees, subject to the preceding provisions of this Schedule.

Section 30.

SCHEDULE 4 National Council for Education and Training for Wales

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 National Assembly 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 approval of the National Assembly.

(5) If a person to be appointed under sub-paragraph (3) is not already a member of the Council, the National Assembly 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 National Assembly 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 National Assembly resign his office as a member or as chairman or chief executive.

3 (1) This paragraph applies if the National Assembly 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 National Assembly 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 National Assembly 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 National Assembly 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 National Assembly may determine.

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

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 National Assembly 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 National Assembly may remove a disability under this paragraph subject to such conditions as it considers appropriate.

(7) The power of the National Assembly 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 National Assembly.

(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 National Assembly for the exercise of the power conferred by sub-paragraph (6).

Proceedings

9 (1) A representative of the National Assembly 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 National Assembly with such copies (and made in such form) as the National Assembly may require of any information distributed to members of the Council.

(3) This paragraph is without prejudice to any other rights the National Assembly 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 National Assembly and to the Auditor General for Wales 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 National Assembly 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 National Assembly may require to be included.

(4) The Auditor General for Wales 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 the National Assembly.

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 48.

SCHEDULE 5 Committees (Wales)

General

1 (1) The Council--

(a) may establish a regional committee for each region of Wales;

(b) may establish such other committees as it thinks fit (whether or not it establishes regional committees).

(2) The regions of Wales are--

(a) North Wales, as constituted by standing orders for the purposes of section 61 of the [1998 c. 38.] Government of Wales Act 1998;

(b) each of the other regions of Wales, as so constituted.

Regional committees

2 (1) A regional committee is to consist of not less than 8 members appointed by the Council; and the Council must appoint one of them as chairman.

(2) The chairman must be a member of the Council.

(3) Other members may be (but need not be) members of the Council.

3 A regional committee--

(a) must perform with regard to its area such of the Council's duties as the Council specifies with the National Assembly's approval;

(b) may exercise with regard to its area such of the Council's powers as the Council specifies with the National Assembly's approval;

(c) must advise the Council on matters which are relevant to education and training in its area and which the Council specifies.

Other committees

4 (1) This paragraph applies to any committee of the Council other than a regional committee.

(2) The committee's functions--

(a) are to be such functions as the Council specifies, and

(b) are to concern such matters as the Council specifies.

(3) The committee's members are to be appointed by the Council.

(4) Members of the committee may be (but need not be) members of the Council.

Tenure of members

5 (1) A person is to hold and vacate office as a member or as chairman of a committee of the 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 National Assembly resign his office as chairman.

Allowances

6 The Council must pay to the members of any of its committees who are not members of the Council such travelling, subsistence and other allowances as the National Assembly may determine.

Delegation of functions

7 A committee of the Council may authorise the chairman of the committee to exercise such of the committee's functions as it may determine.

Proceedings

8 (1) A representative of the National Assembly is entitled to attend and take part in any deliberations (but not in decisions) at meetings of any committee of the Council.

(2) The Council must provide the National Assembly with such copies as the National Assembly may require of any documents distributed to members of any committee of the Council.

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

10 A committee of the Council may regulate its own procedure, subject to the preceding provisions of this Schedule.

Section 52.

SCHEDULE 6 The Adult Learning Inspectorate

Tenure of members

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

(2) If a person to be appointed under section 52(3) is not already a member of the Inspectorate, the Secretary of State must appoint him as a member for the same term as his appointment as chairman or chief officer.

(3) If a person to be appointed under section 52(3) is already a member of the Inspectorate but his term of appointment as such would end before his term of appointment as chairman or chief officer ends, the Secretary of State must extend his term of appointment as a member so that it ends when his appointment as chairman or chief officer ends.

(4) On ceasing to be a member, chairman or chief officer a person is eligible for re-appointment.

(5) 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 officer.

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

(a) has been absent from meetings of the Inspectorate for a period longer than 6 consecutive months without the Inspectorate'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

3 (1) The Inspectorate 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 Inspectorate 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 Inspectorate to make to that person a payment of such amount as the Secretary of State may determine.

Staff

4 (1) The Inspectorate may appoint such employees, including inspectors, as it thinks fit.

(2) A person employed as an inspector is to be known as an Inspector of Adult Learning.

(3) In appointing inspectors, the Inspectorate must have regard to the need to appoint persons who have the appropriate experience and expertise.

5 (1) The Inspectorate must pay to its employees such remuneration and allowances as it may determine.

(2) Its employees are to be appointed on such other terms as the Inspectorate may determine.

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

6 (1) Employment with the Inspectorate 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 Inspectorate must pay to the Minister for the Civil Service, at such times as he may direct, such sums as that Minister 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.

(3) If an employee of the Inspectorate is by reference to that employment a participant in a scheme under section 1 of that Act and is also a member of the Inspectorate, 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 Inspectorate (whether or not any benefits are payable to or in respect of him as a result of paragraph 3).

Committees

7 (1) The Inspectorate may establish such committees as it considers appropriate.

(2) The members of any committee are to be appointed by the Inspectorate and may include persons who are not members of the Inspectorate.

Supplementary powers

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

(2) In particular it may--

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

(b) enter into contracts;

(d) accept gifts of money, land and other property.

(3) But the Inspectorate has no power--

(a) to borrow money;

(b) to lend money without the consent of the Secretary of State;

Delegation of functions

9 The Inspectorate may authorise the chairman, the chief officer or one of its committees to exercise such of its functions as it may determine.

Members' interests

10 (1) A member of the Inspectorate who is in any way directly or indirectly interested in any matter that is brought up for consideration at a meeting of the Inspectorate or a committee of the Inspectorate 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 Inspectorate or any committee of the Inspectorate with respect to that matter.

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