Office of Public Sector Information
SCHEDULE 9 continued
49 In section 19 of the Disability Discrimination Act 1995 (discrimination in relation to goods, facilities and services) in subsection (5), after paragraph (a) insert—
“(aa) education which is provided by an institution within the further education sector (within the meaning given by section 91(3) of the Further and Higher Education Act 1992);
(ab) education which is provided by such establishments as may be specified by the Secretary of State by order;”.
50 In section 63A of the Employment Rights Act 1996 (right of young persons to time off for study or training) in subsection (2)(b)(i) for the words from “means such” to “1992,” substitute “has the same meaning as in the Education Act 1996,”.
51 In section 1 of the Education Act 1996 (the stages of education) in subsection (3) for the words from “confers functions” to the end substitute “makes provision with respect to further education.”
52 (1) Section 13 of that Act (general responsibility for education) is amended as follows.
(2) In subsection (1) for “, secondary education and further education” substitute “and secondary education”.
(3) In subsection (2) for paragraphs (a) and (b) substitute—
“(a) the Learning and Skills Council for England or the National Council for Education and Training for Wales, or
(b) the higher education funding councils established under section 62 of the Further and Higher Education Act 1992.”
53 Section 15 of that Act (functions in respect of provision of further education) shall cease to have effect.
54 (1) Section 15A of that Act (functions of local education authorities in respect of full-time education for 16 to 18 year olds) is amended as follows.
(2) In subsection (1) after “full-time” insert “or part-time”.
(3) After subsection (1) insert—
“(1A) The power under subsection (1) to secure the provision of education includes power to secure the provision—
(a) of training, including vocational, social, physical and recreational training, and
(b) of organised leisure time occupation (within the meaning of section 2(6)) which is provided in connection with the provision of education or of training within paragraph (a).”
(4) In subsection (2) after “functions under this section” insert “in respect of secondary education”.
(5) After subsection (2) insert—
“(3) In exercising their functions under this section in respect of further education a local education authority shall in particular have regard to the needs of persons with learning difficulties (within the meaning of section 13(5) and (6) of the Learning and Skills Act 2000).
(4) A local education authority may do anything which appears to them to be necessary or expedient for the purposes of or in connection with the exercise of their functions under this section.”
55 After section 15A of that Act insert—
(1) A local education authority may secure the provision for their area of full-time or part-time education suitable to the requirements of persons who have attained the age of 19, including provision for persons from other areas.
(2) The power under subsection (1) to secure the provision of education includes power to secure the provision—
(a) of training, including vocational, social, physical and recreational training, and
(b) of organised leisure time occupation (within the meaning of section 2(6)) which is provided in connection with the provision of education or of training within paragraph (a).
(3) In exercising their functions under this section a local education authority shall in particular have regard to the needs of persons with learning difficulties (within the meaning of section 13(5) and (6) of the Learning and Skills Act 2000).
(4) A local education authority may do anything which appears to them to be necessary or expedient for the purposes of or in connection with the exercise of their functions under this section.
(5) This section does not apply to higher education.”
56 In section 312(2) of that Act (meaning of “learning difficulty”) for “section 15(5)” substitute “section 15A or 15B”.
57 (1) Section 408 of that Act (provision of information) is amended as follows.
(2) In subsection (1)(a) after “Education Act 1997” insert “or section 96 of the Learning and Skills Act 2000”.
(3) In subsection (2) after paragraph (d) insert “, and
(e) arrangements relating to external qualifications (within the meaning given by section 96(5) of the Learning and Skills Act 2000) and to courses leading to such qualifications.”
58 (1) Section 490 of that Act (grants in respect of special provision for ethnic minorities) is amended as follows.
(2) In subsection (1)(b) for “or a city college for the technology of the arts” substitute “, a city college for the technology of the arts or a city academy”.
(3) In subsection (2) for “or college” substitute “, college or academy”.
59 (1) Section 509 of that Act (provision of transport etc) is amended as follows.
(2) In subsection (1)—
(a) after paragraph (b) insert “or”;
(b) omit paragraph (d) and the word “or” immediately preceding it.
(3) After subsection (1) insert—
“(1A) A local education authority shall make such arrangements for the provision of transport and otherwise as they consider necessary, or as the Secretary of State may direct, for the purpose of facilitating the attendance of persons receiving education or training at an institution outside both the further education and higher education sectors.
(1B) Arrangements under subsection (1A) may be made in relation to a person only if the Learning and Skills Council for England or the National Council for Education and Training for Wales has secured for him—
(a) the provision of education or training at the institution, and
(b) the provision of boarding accommodation under section 13 or 41 of the Learning and Skills Act 2000.”
(4) In subsection (2) after “subsection (1)” insert “or (1A)”.
(5) In subsection (3)—
(a) after “education” insert “or training”;
(b) in paragraph (b) after “subsection (1)” insert “or (1A)”;
(c) in the words following paragraph (b), for “that subsection” substitute “either of those subsections”.
(6) In subsection (4)—
(a) after “subsection (1)” insert “or (1A)”;
(b) in paragraph (b) after “education” insert “or training”.
(7) In subsection (5)—
(a) after “subsection (1)” insert “or (1A)”;
(b) in paragraph (c) for “education at institutions mentioned in subsection (1)(d)” substitute “education or training at institutions mentioned in subsection (1A)”;
(c) in paragraph (c)(i) for “section 15(5)” substitute “section 13 of the Learning and Skills Act 2000”.
(8) In subsection (6)(a) for “or (d)” substitute “or (1A)”.
60 In section 537 of that Act (power of the Secretary of State to require information from governing bodies etc) in subsection (7)(b) for “or city college for the technology of the arts” substitute “, city college for the technology of the arts or city academy”.
61 In section 541 of that Act (distribution of information about further education institutions) in subsection (1)(b) for “or city college for the technology of the arts” substitute “, city college for the technology of the arts or city academy”.
62 In section 550B of that Act (detention outside school hours) in subsection (2)(c) for “or city college for the technology of the arts” substitute “, city college for the technology of the arts or city academy”.
63 In section 580 of that Act (index) in the table at the appropriate place insert—
| “city academy | section 482(3)”. |
64 In Schedule 1 to that Act (pupil referral units) in paragraph 8 for “county schools” substitute “community schools”.
65 In section 5 of the School Inspections Act 1996 (functions of the Chief Inspector in Wales), at the end insert—
“(11) This section does not apply in relation to education which is brought within the remit of Her Majesty’s Chief Inspector of Education and Training in Wales by Part IV of the Learning and Skills Act 2000.”
66 In section 6 of that Act (power of Chief Inspector to arrange for inspections in Wales), at the end insert—
“(11) An inspection of a school conducted under subsection (1) may not extend to any education of a kind brought within the remit of Her Majesty’s Chief Inspector of Education and Training in Wales by Part IV of the Learning and Skills Act 2000 that is provided by the school.”
67 (1) Section 10 of that Act (inspection of certain schools by registered inspectors) is amended as follows.
(2) In subsection (3) after paragraph (g) insert—
“(gg) city academies; and”.
(3) At the end of subsection (4B)(a) insert “or approved under Schedule 7 to the Learning and Skills Act 2000”.
(4) In subsection (4B)(e) for “or city college for the technology of the arts” substitute “, city college for the technology of the arts or city academy”.
(5) In subsection (8), after “education” insert—
“(aa) education which is brought within the remit of Her Majesty’s Chief Inspector of Education and Training in Wales by Part IV of the Learning and Skills Act 2000”.
68 In section 16 of that Act (destination of reports) after subsection (4) insert—
“(5) Subsection (6) applies to a report of an inspection of a school falling within section 11(2) if—
(a) the inspection was a section 10 inspection or was carried out by a member of the Inspectorate, and
(b) the school provides full-time education suitable to the requirements of pupils over compulsory school age.
(6) The person making the report shall send a copy (together with a copy of the summary, if there is one) to—
(a) the Learning and Skills Council for England, if the school is in England, or
(b) the National Council for Education and Training for Wales, if the school is in Wales.”
69 In section 25 of the Education Act 1997 (other functions of the Qualifications and Curriculum Authority) after subsection (4) insert—
“(5) The Authority may supply any person designated by the Secretary of State with such information as the Authority thinks fit about any matter in relation to which it has a function.”
70 In section 31 of that Act (other functions of the Qualifications, Curriculum and Assessment Authority for Wales) after subsection (4) insert—
“(5) The Authority may supply any person designated by the National Assembly for Wales with such information as the Authority thinks fit about any matter in relation to which it has a function.”
71 In section 43 of that Act (provision of careers education in schools) in subsection (2)(d) for “and city colleges for the technology of the arts” substitute “, city colleges for the technology of the arts and city academies”.
72 In section 44(3)(a) of that Act (co-operation with careers advisers) for “the age of 18” there shall be substituted “the age of 16”.
73 (1) Section 36 of the Audit Commission Act 1998 (studies at request of educational bodies) is amended as follows.
(2) In subsection (1), in the Table, after the entry relating to the governing body of an institution receiving funding under Part I of the [1994 c. 30.] Education Act 1994 insert—
| “The Learning and Skills Council for England. | The council. |
| The National Council for Education and Training for Wales. | The council.” |
(3) In that Table, in the entry relating to the governing body of an institution within the further education sector, in the second column for “or the appropriate further education funding council” substitute “, the Learning and Skills Council for England or the National Council for Education and Training for Wales”.
(4) In subsection (2) omit “or a further education funding council”.
74 (1) Section 26 of the Teaching and Higher Education Act 1998 (imposition of conditions as to fees at further or higher education institutions) is amended as follows.
(2) Omit subsections (1) and (2).
(3) In each of subsections (6), (7), (10)(a) and (11)(b) for “subsection (2) or (4)” substitute “subsection (4)”.
(4) In subsection (9)—
(a) in the definition of “the relevant academic year” for “subsection (2) or (4)” substitute “subsection (4)”, and
(b) in the definition of “specified” for “subsection (1) or (3), as the case may be” substitute “subsection (3)”.
(5) In subsection (11) for “subsection (1) or (3)”, in both places where the words occur, substitute “subsection (3)”.
75 In section 28(1) of that Act (interpretation) in the definition of “publicly-funded institution”, in paragraph (a)—
(a) omit “5 or”,
(b) omit the words from “from a further” to “its costs”, and
(c) after “1996” insert “or any institution receiving financial resources under section 5 or 34 of the Learning and Skills Act 2000”.
76 Section 34 of that Act (inspection of vocational training in Wales) shall cease to have effect.
77 In section 35 of that Act (inspection of careers services in Wales), for subsection (6) substitute—
“(6) Any inspection under this section shall be conducted by one or more of the following—
(a) any of Her Majesty’s Inspectors of Education and Training in Wales or Arolgwyr Ei Mawrhydi dros Addysg a Hyfforddiant yng Nghymru, or
(b) any additional inspector authorised under paragraph 2 of Schedule 1 to the School Inspections Act 1996;
but such an inspector or inspectors may be assisted by such other persons (whether or not members of the Chief Inspector’s staff) as the Chief Inspector thinks fit.
(6A) In conducting an inspection under this section, the inspector or inspectors shall act in accordance with any instruction or guidelines given from time to time by the National Assembly for Wales.
(6B) Where an inspection under this section has been completed, the inspector or inspectors shall make a written report on the inspection and shall send the report to the National Assembly for Wales.
(6C) The National Assembly for Wales may arrange for any report of an inspection under this section to be published in such manner as the National Assembly for Wales considers appropriate; and section 42A(2) to (4) of the School Inspections Act 1996 shall apply in relation to the publication of any such report by the National Assembly for Wales as they apply to the publication of a report by the Chief Inspector under any of the provisions mentioned in section 42A(2).”
78 In section 15 of the School Standards and Framework Act 1998 (intervention by LEA) after subsection (6) insert—
“(7) For the purposes of this section a report of an inspection under section 65 or 83 of the Learning and Skills Act 2000 shall be treated as a report of an inspection under Part I of the School Inspections Act 1996.”
79 In section 19(2) of that Act (power of Secretary of State to close school) after paragraph (c) (before the word “and”) insert—
“(ca) in the case of a school which provides education suitable to the requirements of persons over compulsory school age, the Learning and Skills Council for England (if the school is in England) or the National Council for Education and Training for Wales (if the school is in Wales);”.
80 In section 26 of that Act (school organisation plans), in subsection (2)—
(a) in paragraph (a) for “primary and secondary education” substitute “primary education, and secondary education suitable to the requirements of pupils of compulsory school age,”;
(b) after paragraph (a) insert—
“(ab) how the authority propose to exercise their powers during the prescribed period with a view to securing the provision of secondary education suitable to the requirements of pupils over compulsory school age during that period;”;
(c) in paragraph (b) for “such education” substitute “education of a kind referred to in paragraph (a) or (ab)”.
81 After section 26 of that Act insert—
(1) In preparing a school organisation plan a local education authority in England shall have regard to the plans of any relevant local learning and skills council published under section 22 of the Learning and Skills Act 2000.
(2) Subsection (3) applies if a school organisation plan prepared by a local education authority in England is being considered by the school organisation committee or by the adjudicator.
(3) The committee or the adjudicator shall have regard to the plans of any relevant local learning and skills council published under section 22 of the Learning and Skills Act 2000.
(4) A local learning and skills council is a relevant council if any of its area falls within the area of the local education authority concerned.
(1) In preparing a school organisation plan a local education authority in Wales shall have regard to the plans of the National Council for Education and Training for Wales published under section 43 of the Learning and Skills Act 2000.
(2) Subsection (3) applies if a school organisation plan prepared by a local education authority in Wales is being considered by the school organisation committee or by the adjudicator.
(3) The committee or the adjudicator shall have regard to the plans of the National Council for Education and Training for Wales published under section 43 of the Learning and Skills Act 2000.
(4) In this section references to the school organisation committee are to the committee established by the authority under regulations made under section 27.
(5) In this section references to the adjudicator are to—
(a) such person appointed as adjudicator under those regulations as may be determined in accordance with them, or
(b) such persons appointed as a panel of adjudicators under those regulations as may be so determined.”
82 (1) Section 27 of that Act (committees and adjudicators for Wales) shall be amended as follows.
(2) In subsection (1) for “sections 24 and 25 and Schedules 4 and 5” substitute “sections 24 and 25 of, and Schedules 4 and 5 to, this Act and Schedule 7 to the Learning and Skills Act 2000”.
(3) In subsection (2) for “or Chapter I of Part III” substitute “, Chapter I of Part III or Schedule 7 to the Learning and Skills Act 2000”.
83 In section 30(3) of that Act (notice by governing body to discontinue foundation or voluntary school) for “the appropriate further education funding council” substitute “the Learning and Skills Council for England (if the school is in England) or the National Council for Education and Training for Wales (if the school is in Wales)”.
84 In section 33(1) of that Act (establishment, alteration and discontinuance of schools) after “Schedule 6” insert “to this Act or under Schedule 7 to the Learning and Skills Act 2000”.
85 In section 110 of that Act (home-school agreements) in subsection (1)(b) for “or a city college for the technology of the arts” substitute “, a city college for the technology of the arts or a city academy”.
86 Part VI of that Act (partnership arrangements in Wales) shall cease to have effect.
87 (1) Section 137 of that Act (Education Transfer Council: alteration and dissolution) shall be amended as follows.
(2) In subsection (3)(c) for “or under the Education Reform Act 1988” substitute “, under the Education Reform Act 1988 or under the Further and Higher Education Act 1992”.
(3) At the end of subsection (4)(a) insert “or section 34 or 36 of, or Schedule 5 or 7 to, the Further and Higher Education Act 1992”.
88 In section 142(1) of that Act (general interpretation) omit the definition of “the appropriate further education funding council”.
89 (1) Schedule 6 to that Act (statutory proposals: procedure and implementation) shall be amended as follows.
(2) In paragraph 4(3) after paragraph (d) insert— “or
(e) any undetermined proposals published under Schedule 7 to the Learning and Skills Act 2000.”
(3) In paragraph 4(4)(a) for “or under paragraph 8 or 9 of Schedule 7” substitute “of this Schedule, under paragraph 8 or 9 of Schedule 7 or under Schedule 7 to the Learning and Skills Act 2000”.
90 (1) Schedule 7 to that Act (rationalisation of school places) shall be amended as follows.
(2) In paragraph 4(5)—
(a) in paragraph (b) for “or under paragraph 5” substitute “of this Act, paragraph 5 of this Schedule or Schedule 7 to the Learning and Skills Act 2000”;
(b) in paragraph (c) after sub-paragraph (ii) insert—
“or
(iii) any determination whether or not to approve the proposals under Schedule 7 to the Learning and Skills Act 2000.”
(3) In paragraph 8(7) after paragraph (c) insert— “and
(d) any proposals published under Schedule 7 to the Learning and Skills Act 2000 (and not withdrawn).”
(4) In paragraph 8(10) after paragraph (b) insert— “or
(c) any determination whether or not to approve the proposals under Schedule 7 to the Learning and Skills Act 2000.”
(5) In paragraph 13(4) after paragraph (c) insert— “and
(d) any proposals published under Schedule 7 to the Learning and Skills Act 2000 (and not withdrawn).”
(6) In paragraph 13(7) after paragraph (b) insert— “or
(c) any determination whether or not to approve the proposals under Schedule 7 to the Learning and Skills Act 2000.”
91 In paragraph 5(1) of Schedule 22 to that Act (discontinuance of school: land)—
(a) for “or paragraph 5 of Schedule 7” substitute “, paragraph 5 of Schedule 7 to this Act or Schedule 7 to the Learning and Skills Act 2000”;
(b) after paragraph (a)(ii) insert—
“or
(iii) have been approved under Schedule 7 to the Learning and Skills Act 2000,”.
92 (1) Section 104 of the Government of Wales Act 1998 (funding of the Chief Inspector of Education and Training in Wales) is amended as follows.
(2) In subsection (4), omit the words from “; and in determining” to the end.
(3) After subsection (4), insert—
“(4A) The Assembly shall—
(a) approve the plan submitted to it under section 87 of the Learning and Skills Act 2000; and
(b) determine the amount of the funding it is to provide under this section in accordance with the plan as approved by it.
(4B) But before it gives its approval under subsection (4A)(a), the Assembly may require the Chief Inspector to modify the plan.”
93 In section 118(2) of that Act (meaning of “Welsh public records”) after paragraph (h) insert—
“(ha) the National Council for Education and Training for Wales,”.
94 In Part I of Schedule 4 to that Act (public bodies subject to reform by Assembly) for the entry relating to the Further Education Funding Council for Wales substitute—
“5. The National Council for Education and Training for Wales.”
Learning and Skills Act 2000