ukpga/2000/21 — Learning and Skills Act 2000

Learning and Skills Act 2000 2000 c. 21 An Act to establish the Learning and Skills Council for England and the National Council for Education and Training for Wales, to make other provision about education and training, and for connected purposes. [28th July 2000] Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:— Part I Learning and Skills Council for England The Council The Council. 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Main duties Education and training for persons aged 16 to 19. 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Education and training for persons over 19. 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Encouragement of education and training. 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Learning aims for persons over 19: provision of facilities 4A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Learning aims for persons over 19: payment of tuition fees 4B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sections 4A and 4B: supplementary 4C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Main powers Provision of financial resources. 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Financial resources: conditions. 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Funding of school sixth-forms. 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Links between education and training and employment. 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Assessments and means tests. 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Qualifying accounts and arrangements. 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Further education: governors. 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Other functions Support schemes relating to education and training for persons aged 10 to 15 11A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Research and information. 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Persons with learning difficulties. 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Equality of opportunity. 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Consultation 14A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Plans. 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Strategy. 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Use of information by Council. 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Supplementary functions. 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Regional councils Regional councils 18A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Functions of regional councils 18B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Guidance to regional councils 18C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Local councils Local councils. 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Functions of local councils. 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Guidance to local councils. 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Plans of local councils. 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Duty of local education authorities. 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Guidance and plans: timing. 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Miscellaneous Strategies for functions of Council 24A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Strategy for functions of Council: Greater London 24B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Duty of Council 24C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Directions. 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Committees. 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Grants to Council. 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Annual report. 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Council’s financial year. 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Part II Further Education and Sixth Form Education: Wales ... The Council. 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Main duties Education and training for persons aged 16 to 19. 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Education and training for persons over 19. 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Encouragement of education and training. 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The local curricula Formation of local curricula for students aged 16 to 18 33A 1 The Commission must form for the area of each local authority one or more local curricula for students who are above compulsory school age but have not attained the age of nineteen. 2 Each local curriculum must consist of courses of study each of which— a falls within a category in subsection (3) (the “learning domains”); and b is from time to time selected by the Commission to form part of that local curriculum. 3 The learning domains are— a mathematics, science and technology; b business, administration and law; c services for people; d arts, media, culture and languages; e humanities, social sciences and preparation for life and work. 4 For the purposes of this section, a course of study falls within a particular learning domain if a direction of the Welsh Ministers so provides. Local curricula: Welsh language 33B The Commission must exercise its functions in relation to local curricula so as to promote access to and availability of courses of study which are taught through the medium of the Welsh language. Areas with more than one local curriculum 33C 1 This section applies where the Commission forms more than one local curriculum for the area of a local authority under section 33A. 2 In relation to each local curriculum, the Commission must designate the maintained schools or institutions whose relevant students are to be entitled to elect under section 33E to follow courses of study included within the curriculum. Determination of a pupil's “relevant school or institution” 33D 1 Where, during the relevant period , a registered pupil of a maintained school requests that the school's head teacher determines the pupil's relevant school or institution, the head teacher must comply with that request. But this is subject to regulations made under subsection (3). 1A The relevant period, in relation to a registered pupil of a maintained school, is the period— a beginning at the same time as the school year in which the majority of pupils in the pupil’s class attain the age of 15, and b ending at the same time as the school year in which the majority of pupils in the pupil’s class cease to be of compulsory school age. 2 A pupil's relevant school or institution is the maintained school or institution whose governing body is, in the opinion of the head teacher, likely to be responsible for providing (or making arrangements for the provision of) the majority of the pupil's education once he or she has ceased to be of compulsory school age. 3 Regulations may make provision as to the making of requests and determinations under this section, including in particular provision as to the date or time by which a request or determination is to be made. 3A The Welsh Ministers must consult the Commission before making regulations under subsection (3). 4 This section does not require any person to admit a pupil to a particular school or institution. Pupils' choices of local curriculum courses 33E 1 A registered pupil of a maintained school has the right to elect to follow, during the period described in subsection (2) (“the entitlement period”), a course or courses of study included within the relevant local curriculum for that pupil. But this is subject to regulations made under subsection (3). 2 The entitlement period— a begins on the first day of the academic year subsequent to the pupil having ceased to be of compulsory school age; and b ends on the day on which he or she attains the age of nineteen. 3 Regulations may make provision as to the making of elections under this section, including in particular provision— a specifying the maximum number of courses of study of a particular type that a pupil has the right to elect to follow; b identifying points to be allotted to courses of study and preventing a pupil from having the right to elect to follow a combination of courses of study if their aggregate points exceed a specified amount; c as to the period during which elections are to be made. 3A The Welsh Ministers must consult the Commission before making regulations under subsection (3). 4 For the purposes of this section the “relevant local curriculum”, in relation to a pupil, means— a where it has been determined under section 33D that a pupil's “relevant school or institution” is a school— i where the Commission has formed under section 33A a single local curriculum for the area of the local authority by which the school is maintained, that local curriculum; or ii where the Commission has formed under section 33A more than one local curriculum for the area of the local authority by which the school is maintained, the local curriculum in respect of which the school is designated under section 33C(2); b where it has been determined under section 33D that a pupil's “relevant school or institution” is an institution— i where the Commission has formed under section 33A a single local curriculum for the local authority area in which the institution is situated, that local curriculum; or ii where the Commission has formed under section 33A more than one local curriculum for the local authority area in which the institution is situated, the local curriculum in respect of which the institution is designated under section 33C(2). Students' local curriculum entitlements 33F 1 During the entitlement period, a student who has made an election under section 33E(1) is entitled to follow the elected course of study unless— a the governing body of the student's relevant school or institution was not at the beginning of the entitlement period, or subsequently ceases to be, responsible for providing (or making arrangements for the provision of) the majority of the student's education; or b before the beginning of the entitlement period, the head teacher or principal of the student's relevant school or institution has decided under section 33G that the student is not entitled to follow the course of study. 2 Where a person is entitled to follow a course of study, it is for the head teacher or principal of the relevant school or institution to decide upon which date during the entitlement period the course is to begin. Head teacher's or principal's decision as to entitlement 33G 1 If the head teacher or principal of a student's relevant school or institution is satisfied that any of the grounds in subsection (2) apply, the head teacher or principal may decide that the student is not entitled to follow a course of study which the student has elected to follow under section 33E. 2 The grounds referred to in subsection (1) are that— a as a result of the student's level of educational attainment, the course of study is not suitable for him or her; b as a result of other elections made by the student under section 33E(1), it is not reasonably practicable for him or her to follow the course of study; c the amount of time likely to be spent travelling to the place at which the course is likely to be delivered would be detrimental to the student's education; d disproportionate expenditure would be incurred if the student were to follow the course of study; e the student's or another person's health or safety would be placed unacceptably at risk if the student were to follow the course of study. 3 Regulations may make provision connected with the making of decisions under subsection (1), including in particular provision— a as to the time or date by which decisions are to be made; b as to the procedure to be followed in connection with the making of decisions; c for appeals against decisions to be made to the school or institution's governing body or another person specified in the regulations; d as to the time or date by which appeals are to be determined; e as to the procedure to be followed in connection with the determination of an appeal. 4 A head teacher or principal and governing body or other person charged with determining appeals under regulations made under subsection (3) must have regard to any guidance given from time to time by the Welsh Ministers as to the exercise of their functions under this section. 5 The Welsh Ministers may by order— a amend or omit any paragraph of subsection (2); b add additional paragraphs to that subsection; c amend or omit such additional paragraphs. 6 The Welsh Ministers must consult the Commission before making regulations under subsection (3), giving guidance under subsection (4) or making an order under subsection (5). Delivery of local curriculum entitlements 33H Where a student is entitled to follow a course of study under section 33F(1), the governing body of the student's relevant school or institution must ensure that during the entitlement period the course is made available to the student by or on behalf of the governing body. Head teacher's or principal's decision to remove entitlement 33I 1 If the head teacher or principal of a student's relevant school or institution is satisfied that any of the grounds in subsection (2) apply, the head teacher or principal may decide that a student is no longer entitled to follow a course of study that the student was entitled to follow under section 33F. 2 The grounds referred to in subsection (1) are that— a the student's or another person's health or safety would be placed unacceptably at risk if the pupil were to continue to follow the course of study; b disproportionate expenditure would be incurred if the pupil were to continue to follow the course of study. 3 Regulations may make provision connected with the making of decisions under subsection (1) including in particular provision— a as to the procedure to be followed in connection with the making of decisions; b for appeals against decisions to be made to the school or institution's governing body or another person specified in the regulations; c as to the effect of a decision pending determination of an appeal; d as to the procedure to be followed in connection with the determination of an appeal. 4 A head teacher or principal and governing body or other person charged with determining appeals under regulations made under subsection (3) must have regard to any guidance given from time to time by the Welsh Ministers as to the exercise of their functions under this section. 5 The Welsh Ministers may by order— a amend or omit any paragraph of subsection (2); b add additional paragraphs to that subsection; c amend or omit such additional paragraphs. 6 The Welsh Ministers must consult the Commission before making regulations under subsection (3), giving guidance under subsection (4) or making an order under subsection (5). Planning the local curriculum 33J 1 The following persons must assist the Commission in planning the local curriculum or curricula for a local authority's area— a the local authority; b the governing body and head teacher of any maintained school maintained by the authority; c the governing body and principal of an institution in the authority's area. 2 In subsection (1), “ planning the local curriculum or curricula ” means the process by which the Commission decides under section 33A which courses of study to include in the local curriculum or curricula. 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Delivery of local curriculum entitlements: joint-working 33K 1 The objective of this section is to maximise the availability of courses of study included in a local curriculum formed under section 33A. 2 In relation to the local curriculum or curricula for a local authority, the persons mentioned in subsection (4) must take all reasonable steps in order to achieve the objective of this section. 3 The duty under subsection (2) includes, but is not limited to, a duty to seek to enter into cooperation arrangements where, having considered whether it would further the objective of this section to do so, the persons mentioned in subsection (4) have concluded that entering into such arrangements would further that objective. 4 The persons are— a the local authority; b the governing body of a secondary school maintained by the authority; and c the governing body of an institution within the further education sector which is situated within the area of the authority. 5 In this section and section 33L “ co-operation arrangements ” means— a arrangements under which any person provides, on behalf of the governing body of a maintained school, a course of study included within the relevant local curriculum for the school; b arrangements under which any person provides, on behalf of the governing body of an institution, a course of study included within the relevant local curriculum for the institution; ba arrangements made in exercise of the powers of collaboration described in section 4 of the Education (Wales) Measure 2011. c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . d . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 For the purposes of this section, “ relevant local curriculum ” means— a in relation to a maintained school— i where the Commission has formed a single local curriculum for the area of the local authority by which the school is maintained, that local curriculum; or ii where the Commission has formed more than one local curriculum for the area of the local authority by which the school is maintained, the local curriculum in respect of which the school is designated under section 33C(2); b in relation to an institution— i where the Commission has formed a single local curriculum for the local authority area in which the institution is situated, that curriculum; or ii where the Commission has formed more than one local curriculum for the local authority area in which the institution is situated, the local curriculum in respect of which the institution is designated under section 33C(2). Joint-working: guidance and directions 33L 1 A local authority, a governing body of a maintained school and the governing body of an institution must have regard to any guidance given from time to time by the Welsh Ministers as to the discharge of their duties under section 33K. 2 Guidance given under subsection (1) may relate to the contents of co- operation arrangements. 2A The Welsh Ministers must consult the Commission before giving guidance under subsection (1). 3 A local authority and a governing body of a maintained school must comply with any direction given by the Welsh Ministers as to the entering into of co-operation arrangements. 4 A direction under subsection (3)— a may require persons to enter into specified arrangements; b may specify the terms upon which arrangements are to be entered into (whether generally or in respect of specified arrangements); c in the case of a direction to enter into specified arrangements with a person who is not mentioned in subsection (1), must not be given unless that person consents to the direction. Power to amend learning domains 33M 1 The Welsh Ministers may by order— a amend or omit any paragraph of subsection (3) of section 33A; b add additional paragraphs to that subsection; c amend or omit such additional paragraphs. 2 The Welsh Ministers must consult the Commission before making an order under subsection (1). The local curriculum: interpretation 33N 1 In sections 33A to 33M — “ academic year ” means the period beginning on the fourth Monday of September in any year and ending on the first day of September in the following year; “ the Commission ” means the Commission for Tertiary Education and Research; “course of study” means a course of education or training that— leads to a form of qualification or set of forms of qualification approved under Part 4 of the Qualifications Wales Act 2015 or designated under Part 5 of that Act, or is designated by the Welsh Ministers under section 34(8) of that Act; ... “ entitlement period ” means the period described in section 33E(2); “ institution ” means an institution within the further education sector in Wales unless the institution provides education wholly or mainly for persons with a learning difficulty (within the meaning of section 41); additional learning needs (within the meaning given by the Additional Learning Needs and Education Tribunal (Wales) Act 2018); “local curriculum” and “local curricula” are to be construed in accordance with section 33A; “ local authority ” means a local authority in Wales; “ maintained school ” means a community, foundation or voluntary school maintained by a local authority in Wales provided that it is also a secondary school; “ principal ”, in relation to an institution, means the principal or other head of the institution; “ regulations ” means regulations made by the Welsh Ministers; “ relevant school or institution ”, in relation to a person, is to be construed in accordance with section 33D; “ relevant student ”, in relation to a maintained school or institution, means a student for whom the school or institution is his or her relevant school or institution; “ student ” means a person who has made an election under section 33E. 2 Unless the context otherwise requires, an expression used in sections 33A to 33N, 33P and 33Q and also the Education Act 1996 is to bear for the purposes of those sections the meaning given to it for the purposes of that Act. Local curriculum: directions 33O Any direction given by the Welsh Ministers under sections 33A(4) ... and 33L(3) may be varied or revoked by a further direction. Application of local curriculum provisions to students who are registered pupils of special schools or who have learning difficulties additional learning needs 33P 1 Regulations made by the Welsh Ministers may apply the provisions of sections 33A to 33L, 33N and 33O and the provisions of any regulations made under section 46 of the Learning and Skills (Wales) Measure 2009 in respect of a person who falls, or is likely to fall, within subsection (3). 2 The regulations may apply those provisions with such modifications as appear to the Welsh Ministers to be necessary or expedient. 3 A person falls within this subsection if he or she— a is above compulsory school age; and b either— i a registered pupil of a community ... special school which is maintained by a local authority in Wales and is not established in a hospital; or ii receiving the majority of his or her education at an institution which provides education wholly or mainly for persons with a learning difficulty additional learning needs (within the meaning of section 41). 4 The Welsh Ministers must consult the Commission for Tertiary Education and Research before making regulations under subsection (1). Application of local curriculum provisions to institutions within the higher education sector 33Q 1 Regulations made by the Welsh Ministers may apply the provisions of sections 33A to 33L, 33N and 33O and the provisions of regulations made under section 46 of the Learning and Skills (Wales) Measure 2009 in relation to an institution, or institutions, within the higher education sector in Wales as those provisions apply in relation to an institution within the further education sector in Wales. 2 The regulations may also apply those provisions in relation to the principal or governing body of an institution within the higher education sector in Wales (or to persons with functions that are similar to those of a principal or governing body) as they apply in relation to the principal or governing body of an institution within the further education sector in Wales. 3 The regulations may apply those provisions with such modifications as appear to the Welsh Ministers to be necessary or expedient. 4 The Welsh Ministers must consult the Commission for Tertiary Education and Research before making regulations under subsection (1). Main powers Provision of financial resources. 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Financial resources: conditions. 35 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Funding of school sixth-forms. 36 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Assessments and means tests. 37 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Qualifying accounts and arrangements. 38 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Further education: governors. 39 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Other functions Research and information. 40 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 The Welsh Ministers must establish systems for collecting information which is designed to secure that their decisions with regard to education and training are made on a sound basis. 6 The Welsh Ministers may secure the provision of facilities for providing information, advice or guidance about education or training or connected matters (including employment). Persons with learning difficulties additional learning needs . 41 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Equality of opportunity. 42 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Plans. 43 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Strategy. 44 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Use of information by Council. 45 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Supplementary functions. 46 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Miscellaneous Directions. 47 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Committees. 48 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Grants to Council. 49 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Annual report. 50 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Council’s financial year. 51 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Part III Inspections in England Chapter 1 The Adult Learning Inspectorate The Inspectorate The Inspectorate. 52 . . . . . . . . . . . . . . . . . . . . . . . . . . The Inspectorate’s remit. 53 . . . . . . . . . . . . . . . . . . . . . . . . . . Functions of the Inspectorate and the Chief Inspector Functions of the Inspectorate and Chief Inspector. 54 . . . . . . . . . . . . . . . . . . . . . . . . . . Inspections under section 54. 55 . . . . . . . . . . . . . . . . . . . . . . . . . . General powers. 56 . . . . . . . . . . . . . . . . . . . . . . . . . . Right of entry and offences. 57 . . . . . . . . . . . . . . . . . . . . . . . . . . Action plans. 58 . . . . . . . . . . . . . . . . . . . . . . . . . . Annual report. 59 . . . . . . . . . . . . . . . . . . . . . . . . . . Chapter II Her Majesty’s Chief Inspector of Schools in England The Chief Inspector’s extended remit The extended remit. 60 . . . . . . . . . . . . . . . . . . . . . . . . . . Additional functions Additional functions of the Chief Inspector. 61 . . . . . . . . . . . . . . . . . . . . . . . . . . Inspection of further education institutions. 62 . . . . . . . . . . . . . . . . . . . . . . . . . . Right of entry and offences. 63 . . . . . . . . . . . . . . . . . . . . . . . . . . Action plans. 64 . . . . . . . . . . . . . . . . . . . . . . . . . . Area inspections. 65 . . . . . . . . . . . . . . . . . . . . . . . . . . Reports of area inspections. 66 . . . . . . . . . . . . . . . . . . . . . . . . . . Action plans following section 65 inspections. 67 . . . . . . . . . . . . . . . . . . . . . . . . . . Further powers of the Chief Inspector. 68 . . . . . . . . . . . . . . . . . . . . . . . . . . Chapter III The Common Inspection Framework and Joint Inspections The Common Inspection Framework The framework. 69 . . . . . . . . . . . . . . . . . . . . . . . . . . Preparation of the framework. 70 . . . . . . . . . . . . . . . . . . . . . . . . . . Joint inspections Joint inspections. 71 . . . . . . . . . . . . . . . . . . . . . . . . . . Chapter IV General Defamation. 72 . . . . . . . . . . . . . . . . . . . . . . . . . . Part IV Inspections in Wales New titles Inspectors of Education and Training in Wales. 73 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 In any provision of, or made under, any enactment— a for “Her Majesty’s Chief Inspector of Schools in Wales” substitute “ Her Majesty’s Chief Inspector of Education and Training in Wales or Prif Arolygydd Ei Mawrhydi dros Addysg a Hyfforddiant yng Nghymru ” ; and b for “Her Majesty’s Inspectors of Schools in Wales” substitute “ Her Majesty’s Inspectors of Education and Training in Wales or Arolgwyr Ei Mawrhydi dros Addysg a Hyfforddiant yng Nghymru ” . Some defined terms. 74 1 In this Part— ... “local authority in Wales ” has the same meaning as in the Education Act 1996 (see section 579(1) of that Act); “ the National Assembly ” means the National Assembly for Wales. 2 In this Part, any reference to the Chief Inspector for Wales is to be read as a reference to Her Majesty’s Chief Inspector of Education and Training in Wales or Prif Arolygydd Ei Mawrhydi dros Addysg a Hyfforddiant yng Nghymru . Extended remit The extended remit of the Chief Inspector for Wales. 75 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Additional functions Additional functions of the Chief Inspector for Wales. 76 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Inspections. 77 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . General powers. 78 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Right of entry and offences. 79 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Action plans. 80 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Inspections of careers services etc. 81 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Inspections of education and training provided under 1973 Act arrangements. 82 1 The Chief Inspector for Wales may, at the request of the Secretary of State or the Chief Inspector for England , inspect any education or training provided in Wales by the Secretary of State in accordance with arrangements made under section 2 of the Employment and Training Act 1973. 2 A report of an inspection conducted under this section at the request of the Secretary of State must be given to the Secretary of State. 3 The Secretary of State may arrange for the report to be published in such manner as he considers appropriate. 4 A report of an inspection conducted under this section at the request of the Chief Inspector for England must be given to that Chief Inspector . 5 The Chief Inspector for England may arrange for the report to be published in such manner as he considers appropriate. 6 The Chief Inspector for Wales must send a copy of any report under subsection (2) or (4) to the National Assembly. 7 In this section “ the Chief Inspector for England ” means Her Majesty's Chief Inspector of Education, Children's Services and Skills. Area inspections. 83 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Action plans following section 83 inspections. 84 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Studies across Wales or of provision made outside Wales. 85 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Annual reports. 86 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Annual plan of the Chief Inspector for Wales. 87 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Defamation. 88 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Part V Miscellaneous and general Further Education Funding Councils Dissolution of FEFC for England. 89 1 On the appointed day— a the Further Education Funding Council for England 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 Learning and Skills Council for England. 2 The appointed day is the day appointed under section 154 for the commencement of this section. Preliminary transfers: FEFC for England. 90 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Dissolution of FEFC for Wales. 91 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Other transfers Transfers: England. 92 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 Employment and Training Act 1973 (arrangements regarding employment). 4 The listed persons are— a the Learning and Skills Council for England; b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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. Transfers: Wales. 93 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Transfers: further provision Stamp duty. 94 1 A transfer effected by virtue of section 89 ... is not to give rise to liability to stamp duty. 2 Stamp duty is not to be chargeable on a scheme made under section 92 . Stamp duty land tax 94A 1 For the purposes of stamp duty land tax, a land transaction effected by a scheme under section 92 or 93 is exempt from charge. 2 Relief under this section must be claimed in a land transaction return or an amendment of such a return. 3 In this section— “land transaction” has the meaning given by section 43(1) of the Finance Act 2003; “land transaction return” has the meaning given by section 76(1) of that Act. Contracts of employment. 95 1 This section applies if rights and liabilities under a contract of employment are transferred by virtue of— a section 89 ... or b a scheme under section 92 . 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 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 : England Persons under 19. 96 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 a relevant 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 relevant qualification is approved under section 98 ..., 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 in England . 3 In relation to a maintained school, the local 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 In this section “ a relevant qualification ” means a qualification to which Part 7 of the Apprenticeships, Skills, Children and Learning Act 2009 applies. 8 These are maintained schools— a a community, foundation or voluntary school; b a community or foundation special school. 9 In this section and sections 100 to 101 “ local authority ” has the same meaning as “ local authority in England ” in the Education Act 1996 (see section 579(1) of that Act). Persons over 19. 97 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Approved qualifications 98 1 This section has effect for the purposes of section 96 .... 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. 2A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2B A qualification may be approved only if— a the conditions mentioned in subsection (2C) are satisfied in relation to the qualification, or b the Office of Qualifications and Examinations Regulation is consulted before the approval is given. 2C The conditions are that— a the qualification is a regulated qualification within the meaning of Part 7 of the Apprenticeships, Skills, Children and Learning Act 2009, and b if the qualification is subject to the accreditation requirement (within the meaning of Chapter 2 of that Part), it is accredited under section 139 of that Act. 3 Approval may be given generally or in relation to particular cases. 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 The Secretary of State may at any time revoke— a a designation; b an approval given by him; c an approval given by a designated body. 6 A designated body may at any time revoke an approval given by it. 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Approved qualifications: Wales. 99 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Authorised bodies. 100 1 For the purposes of section 96 ... these are authorised bodies— a the Learning and Skills Council for England; b a local authority ; c a body specified by order by the Secretary of State for the purposes of this section. 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Enforcement 101 1 This section has effect for the purposes of section 96 ..., and it applies if the Secretary of State is satisfied that— a a local authority or specified body has failed to comply with section 96(2)(a) or is proposing to do so, or b a local authority or governing body has failed to comply with section 96(3) or is proposing to do so, ... c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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). Enforcement: Wales. 102 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendments relating to external qualifications. 103 1 The Education Act 1997 shall be amended as follows. 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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 Qualifying accounts. 104 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. Qualifying arrangements. 105 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; c conditions as to the nature of the arrangements and the way they are to 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. Qualifying arrangements: Northern Ireland. 106 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 for Employment and Learning 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. Qualifying arrangements: further provision. 107 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 forEmployment and Learning 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. Grants. 108 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 c who hold such accounts and are parties to such arrangements. 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; c conditions as to the employment or self-employment of individuals; 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; c that if grants are payable under the regulations they may be paid to persons providing education or training; 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. Grants: Northern Ireland. 109 1 The Department for Employment and Learning 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 c who hold such accounts and are parties to such arrangements. 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 Secondary education. 110 1 After section 2(2) of the 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 authority , and b is principally concerned with the provision of full-time education suitable to the requirements of pupils who are over compulsory school age but under the age of 19. 2B Where— a a person is in full-time education, b he receives his education partly at a school and, by virtue of arrangements made by the school, partly at another institution, and c the education which he receives at the school would be secondary education if it was full-time education at the school, the person’s education, both at the school and at the other institution, is secondary education for the purposes of this Act (subject to subsection (5)). 2 Subsections (3) to (5) apply to an institution which would become a school on the coming into force of subsection (1) (by virtue of section 4(1) of the Education Act 1996 (schools)). 3 An institution to which this subsection applies shall not be treated as being a school by virtue of section 4(1) of that Act unless it has been established as a new school in accordance with section 28(1)(a) or (2)(a) or 31(1)(a) of the School Standards and Framework Act 1998 (community or foundation mainstream or special school). 4 A local authority may not continue to maintain an institution to which this subsection applies in pursuance of section 15A of the Education Act 1996 (education for 16 to 18 year olds). 5 Section 16A(2) of the Further and Higher Education Act 1992 (incorporation of further education institutions) shall not apply in relation to an institution to which this subsection applies. 6 In this section “local authority” has the same meaning as in the Education Act 1996 (see section 579(1) of that Act). Further education corporations. 111 1 The following shall be substituted for section 16(2) and (3) of the Further and Higher Education Act 1992 (incorporation of further education institutions)— 2 Subsection (1) above does not apply to an institution which is maintained by a local authority . 3 The Secretary of State may by order make provision for the establishment of a body corporate for the purpose of conducting an institution which— a is maintained by a local authority , and b in his opinion, is principally concerned with the provision of full-time education suitable to the requirements of persons over compulsory school age who have not attained the age of nineteen years. 2 Section 51 of that Act (publication of proposals) shall be amended as follows— a for subsection (3)(b) substitute— b an order under section 16(3) of this Act, other than an order made for the purpose of giving effect to a proposal by a council, , and b after subsection (3) insert— 3A A draft proposal or order in respect of an institution which is maintained by a local authority shall not be published without the consent of the governing body and the local authority . Further education institutions: designation. 112 In section 28(3) of the Further and Higher Education Act 1992 (designation of institutions for funding) the following shall be inserted after subsection (3)— 3A The Secretary of State shall not make an order under this section in respect of a voluntary aided school without the consent of the governing body and the local authority . Sixth forms requiring significant improvement: Wales 113 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Restructuring of sixth-form education 113A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Support for 13 to 19 year olds: England Provision of services. 114 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Consultation and coordination. 115 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Local education authorities. 116 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Educational institutions: information and access. 117 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Inspection. 118 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Information: supply by Secretary of State. 119 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Information: supply by public bodies. 120 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Supplementary. 121 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Careers services. 122 The following shall be inserted after section 10A of the Employment and Training Act 1973 (careers services)— Inspection. 10B 1 Her Majesty’s Chief Inspector of Schools in England— a shall advise the Secretary of State on request about matters relating to services provided in England in pursuance of section 8 or 9, b may give the Secretary of State other advice about those matters, c shall, when requested to do so by the Secretary of State, inspect and report on the provision of those services by any person or institution, and d may undertake such other inspections of the provision of those services by persons or institutions as he thinks fit. 2 A request under subsection (1)(c)— a may be general or in relation to specific matters, b may relate to a specific person or institution providing services, or to a specific class of person or institution, and c may relate to a specific area. 3 An inspection under subsection (1)(c) or (d) may not relate to services provided for persons who have attained the age of 20. 4 A reference in subsection (1) to the provision of services includes a reference to the management and use of resources in providing services. 5 Subsections (6) to (8) apply to an inspection under subsection (1)(c) or (d) of services provided in pursuance of arrangements under section 10(1) of this Act. 6 A person carrying out or participating in the inspection shall have the same powers as an Inspector of Schools under the following provisions of the School Inspections Act 1996— a section 3(3)(a) and (b) (right of access), and b section 42 (computer records). 7 Section 42A of the 1996 Act (publication of reports) shall apply. 8 A person who wilfully obstructs a person in carrying out or participating in the inspection— a shall be guilty of an offence, and b shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale. Support for 11 to 25 year olds: Wales Provision of services. 123 1 The National Assembly for Wales may direct a local authority— a to provide youth support services; b to secure the provision of youth support services; c to participate in the provision of youth support services. 2 In this section “ youth support services ” means services which in the opinion of the National Assembly will encourage, enable or assist young persons (directly or indirectly)— a to participate effectively in education or training, b to take advantage of opportunities for employment, or c to participate effectively and responsibly in the life of their communities. 3 In this section “ young persons ” means persons who have attained the age of 11 but not the age of 26. 4 A direction under subsection (1)— a may include provision for grants, loans and other kinds of financial assistance to be provided by the National Assembly (whether or not on conditions), b may require local authorities to have regard to guidance issued by the National Assembly, and c may require local authorities when making arrangements with other persons to require those persons to have regard to guidance issued by the National Assembly. 5 A direction under subsection (1)— a may relate to a particular class of young p