UKPGA-2011-21 Education Act 2011 UK

Current to 2024-05-18

Contents
preamble

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 1

Early years provision

s. 1 — Free of charge early years provision
s. 1(1)

Part 1 of the Childcare Act 2006 (functions of local authorities in England in relation to childcare) is amended as set out in subsections (2) and (3).

s. 1(2)

For section 7 (duty to secure prescribed early years provision free of charge) substitute—

s. 1(3)

After section 13 insert—

s. 1(4)

Section 100 of the Childcare Act 2006 (provision of information about young children: transitory provision) is repealed.

Part 2

Discipline

s. 2 — Power of members of staff at schools to search pupils
s. 2(1)

Chapter 2 of Part 10 of EA 1996 (punishment and restraint of pupils) is amended as set out in subsections (2) to (5).

s. 2(2)

In section 550ZA (power of members of staff to search pupils for prohibited items: England)—

s. 2(2)(a)

in subsection (3) (prohibited items), after paragraph (e) insert—;

s. 2(2)(b)

in that subsection, after paragraph (f) insert—;

s. 2(2)(c)

after subsection (4), insert—

s. 2(3)

In section 550ZB (power of search under section 550ZA: supplementary)—

s. 2(3)(a)

in subsection (5), after “section 550ZA” insert “ to search for an item within section 550ZA(3)(a) to (f) ”;

s. 2(3)(b)

in subsection (6)—

s. 2(3)(b)(i)

in paragraph (b), after “P” insert “ , unless the condition in subsection (6A) is satisfied ”;

s. 2(3)(b)(ii)

in paragraph (c), after “staff” insert “ , unless the condition in subsection (6A) is satisfied ”;

s. 2(3)(c)

after subsection (6), insert—;

s. 2(3)(d)

in subsection (7), in paragraph (b), after “staff” insert “ , unless the condition in subsection (7A) is satisfied ”;

s. 2(3)(e)

after subsection (7), insert—

s. 2(4)

In section 550ZC (power to seize items found during search under section 550ZA)—

s. 2(4)(a)

in subsection (2) after “subsection (1)” insert “ to seize an item within section 550ZA(3)(a) to (f) or anything within subsection (1)(b) ”;

s. 2(4)(b)

after subsection (6) insert—;

s. 2(4)(c)

in subsection (9), for “and (5)” substitute “ , (5) and (6A) ”.

s. 2(5)

In section 550ZD (section 550ZC: supplementary)—

s. 2(5)(a)

in subsection (1), after “(5)(a)” insert “ , (6A)(a) ”;

s. 2(5)(b)

in subsection (2)(a), for the words from “alcohol” to “article” substitute “ an item within subsection (2A) ”;

s. 2(5)(c)

after subsection (2), insert—;

s. 2(5)(d)

in subsection (3)(a), for “or disposal” substitute “ , disposal or erasure ”;

s. 2(5)(e)

in subsection (4), after “(2)” insert “ , (2B) ”.

s. 2(6)

In section 569 of EA 1996, in subsection (2A) (regulations subject to affirmative procedure), for “550ZA or 550ZC” substitute “ 550ZA(3)(f) or 550ZC(7) ”.

s. 2(7)

In section 89 of EIA 2006 (determination by head teacher of behaviour policy), after subsection (4) insert—

s. 3 — Power of members of staff at further education institutions to search students
s. 3(1)

Part 3 of FHEA 1992 (miscellaneous and general) is amended as follows.

s. 3(2)

In section 85AA (power of members of staff to search students for prohibited items: England), in subsection (3) (prohibited items), after paragraph (e) insert—.

s. 3(3)

In section 85AB (power of search under section 85AA: supplementary)—

s. 3(3)(a)

in subsection (6)—

s. 3(3)(a)(i)

in paragraph (b), after “S” insert “ , unless the condition in subsection (6A) is satisfied ”;

s. 3(3)(a)(ii)

in paragraph (c), after “staff” insert “ , unless the condition in subsection (6A) is satisfied ”;

s. 3(3)(b)

after subsection (6), insert—;

s. 3(3)(c)

in subsection (7), in paragraph (b), after “staff” insert “ , unless the condition in subsection (7A) is satisfied ”;

s. 3(3)(d)

after subsection (7), insert—

s. 3(4)

In section 85AC (power to seize items found during search under section 85AA)—

s. 3(4)(a)

after subsection (6) insert—;

s. 3(4)(b)

in subsection (9), for “and (5)” substitute “ , (5) and (6A) ”.

s. 3(5)

In section 85AD (section 85AC: supplementary)—

s. 3(5)(a)

in subsection (1), after “(5)(a)” insert “ , (6A)(a) ”;

s. 3(5)(b)

in subsection (2)(a), for the words from “alcohol” to “article” substitute “ an item within subsection (2A) ”;

s. 3(5)(c)

after subsection (2), insert—;

s. 3(5)(d)

in subsection (3)(a), for “or disposal” substitute “ , disposal or erasure ”;

s. 3(5)(e)

in subsection (4), after “(2)” insert “ , (2B) ”.

s. 4 — Exclusion of pupils from schools in England: review
s. 4(1)

Chapter 3 of Part 3 of EA 2002 (maintained schools: admissions, exclusions and attendance) is amended as follows.

s. 4(2)

Before section 52, insert—

s. 4(3)

In section 52 (exclusion of pupils)—

s. 4(3)(a)

in subsection (1), after “maintained school” insert “ in Wales ”;

s. 4(3)(b)

in subsection (2), after “pupil referral unit” insert “ in Wales ”;

s. 4(3)(c)

in subsection (4)—

s. 4(3)(c)(i)

in paragraph (b), omit from first “(in” to “Wales)”;

s. 4(3)(c)(ii)

in paragraph (c), omit “the Secretary of State or” and “as the case may be,”;

s. 4(3)(d)

in the heading, at the end insert “ : Wales ”.

s. 4(4)

Schedule 1 (consequential amendments) has effect.

s. 5 — Repeal of requirement to give notice of detention to parent: England

In section 92 of EIA 2006 (enforcement of disciplinary penalties: detention outside school sessions), in subsection (3)(d), after “that” insert “ , in relation to a pupil at a school in Wales, ”.

s. 6 — Repeal of duty to enter into behaviour and attendance partnership

Section 248 of ASCLA 2009 (co-operation with a view to promoting good behaviour etc: England) is repealed.

Part 3

School workforce

Abolition of the General Teaching Council for England

s. 7 — Abolition of the General Teaching Council for England
s. 7(1)

Section 1 of THEA 1998 (the General Teaching Council for England) is amended as follows.

s. 7(2)

For subsection (1), substitute—

s. 7(3)

For subsection (3), substitute—

s. 7(4)

Omit subsection (10).

s. 7(5)

For the heading, substitute “ Aims and constitution of the Council ”.

s. 8 — Functions of Secretary of State in relation to teachers
s. 8(1)

In Part 8 of EA 2002 (teachers), after section 141 insert—

s. 8(2)

In EA 2002, after Schedule 11, insert—

s. 9 — Requirement for teachers in England to serve induction period

In Part 8 of EA 2002 (teachers), after section 135 insert—

s. 10 — Abolition of the GTCE: transitional provision
s. 10(1)

Subsections (2) to (9) apply to a disciplinary order made by the General Teaching Council for England (“the Council”) by virtue of Schedule 2 to THEA 1998 that is in force immediately before the commencement date.

s. 10(2)

A prohibition order is to be treated, after the commencement date, as if it were a prohibition order made by the Secretary of State under section 141B of EA 2002.

s. 10(3)

A conditional registration order is to continue in force for the period during which any condition specified in the order has effect, or, if any condition specified in the order has effect without limit of time, until such time as the order is revoked.

s. 10(4)

A suspension order is to continue in force until the later of—

s. 10(4)(a)

the end of the suspension period specified in the order, and

s. 10(4)(b)

the date on which the person to whom the order relates has complied with any condition specified in the order by virtue of paragraph 4(2) of Schedule 2 to THEA 1998.

s. 10(5)

Where a conditional registration order remains in force after the commencement date by virtue of subsection (3), sub-paragraphs (1) to (3) of paragraph 3 of Schedule 2 to THEA 1998 continue to apply to the order, but with the modification specified in subsection (6).

s. 10(6)

Sub-paragraph (1) of paragraph 3 is modified so that for the words “eligible for registration under section 3” there is substituted “ allowed to carry out teaching work within the meaning of section 141A of the Education Act 2002 ”.

s. 10(7)

Where a suspension order remains in force after the commencement date by virtue of subsection (4), sub-paragraphs (1) to (3) of paragraph 4 of Schedule 2 to THEA 1998 continue to apply to the order, but with the modifications specified in subsection (8).

s. 10(8)

Sub-paragraphs (1) and (2) of paragraph 4 are modified as follows—

s. 10(8)(a)

in sub-paragraph (1)—

s. 10(8)(a)(i)

in paragraph (a), for the words “eligible for registration under section 3” there is substituted “ allowed to carry out teaching work within the meaning of section 141A of the Education Act 2002 ”;

s. 10(8)(a)(ii)

paragraph (b) (and the “and” preceding it) is omitted;

s. 10(8)(a)(iii)

in the words following paragraph (b), for “become so eligible” there is substituted “ be allowed to carry out such work ”;

s. 10(8)(b)

in sub-paragraph (2)—

s. 10(8)(b)(i)

in paragraph (a), for “become eligible again for registration under section 3” there is substituted “ be allowed to carry out teaching work within the meaning of section 141A of the Education Act 2002 ”;

s. 10(8)(b)(ii)

in paragraph (b), for “become so eligible” there is substituted “ be allowed to carry out such work ”.

s. 10(9)

Where a conditional registration order or a suspension order remains in force after the commencement date by virtue of subsection (3) or (4)—

s. 10(9)(a)

any regulations under Schedule 2 to THEA 1998 that make provision about the variation or revocation of disciplinary orders continue to apply in relation to the order, but those regulations have effect as if functions conferred on the Council (or a committee of the Council) by the regulations had been transferred to the Secretary of State;

s. 10(9)(b)

regulations under paragraph 6 of Schedule 2 to THEA 1998 (appeals against disciplinary orders to High Court) continue to apply;

s. 10(9)(c)

the Secretary of State may consider an application to vary or revoke the order.

s. 10(10)

The Secretary of State may include on the list maintained under section 141C of EA 2002 (list of persons prohibited from teaching etc) any person in relation to whom a conditional registration order or a suspension order is in force.

s. 10(11)

Where immediately before the commencement date a teacher in England was the subject of an investigation by the Council (or a committee of the Council) by virtue of Schedule 2 to THEA 1998, the Secretary of State may continue the investigation and make a decision under section 141B of EA 2002.

s. 10(12)

In this section—“the commencement date” means the date on which section 7 (abolition of the General Teaching Council for England) comes into force;“disciplinary order”, “conditional registration order” and “suspension order” have the same meanings as in Schedule 2 to THEA 1998 (see paragraph 2(3)).

s. 11 — Abolition of the GTCE: consequential amendments
s. 11(1)

Schedule 2 (consequential amendments) has effect.

s. 11(2)

The Secretary of State may by order make changes in consequence of sections 7 to 10 to any provision of subordinate legislation made before the date on which this Act is passed.

s. 11(3)

“Subordinate legislation” has the meaning given by section 21(1) of the Interpretation Act 1978.

s. 12 — Abolition of the GTCE: transfer schemes

Schedule 3 (schemes for the transfer of staff, property, rights and liabilities from the General Teaching Council for England to the Secretary of State) has effect.

Reporting restrictions

s. 13 — Restrictions on reporting alleged offences by teachers
s. 13(1)

In Part 8 of EA 2002 (teachers), after section 141E (inserted by section 8), insert—

s. 13(2)

Schedule 4 (offence of breaching reporting restrictions: application to providers of information society services) has effect.

Abolition of the Training and Development Agency for Schools

s. 14 — Abolition of the Training and Development Agency for Schools

Sections 74 to 84 of, and Schedule 13 to, EA 2005 (the Training and Development Agency for Schools) are repealed.

s. 15 — Training the school workforce: powers of Secretary of State and Welsh Ministers
s. 15(1)

Part 2 of EA 2002 (financial assistance for education and children etc) is amended as set out in subsections (2) and (3).

s. 15(2)

In section 14 (power of Secretary of State and Welsh Ministers to give financial assistance for purposes related to education or children etc)—

s. 15(2)(a)

in subsection (2), after paragraph (c) insert—;

s. 15(2)(b)

in subsection (2ZA), for “(2)(g)” substitute “ (2) ”.

s. 15(3)

In section 16 (terms on which assistance under section 14 is given)—

s. 15(3)(a)

in subsection (1), after “appropriate” insert “ , subject to subsection (2B) ”;

s. 15(3)(b)

in subsection (2)(b), after “appropriate” insert “ , subject to subsection (2B) ”;

s. 15(3)(c)

after subsection (2) insert—

s. 15(4)

Part 3 of EA 2005 (training the school workforce) is amended as set out in subsections (5) to (9).

s. 15(5)

Before section 85 (and the italic heading preceding it), insert—

s. 15(6)

In section 92 (joint exercise of functions)—

s. 15(6)(a)

in subsection (1), for “A funding agency” substitute “ The Secretary of State, HEFCW ”;

s. 15(6)(b)

in subsection (2), omit “the other funding agency,”;

s. 15(6)(c)

after subsection (2) insert—;

s. 15(6)(d)

omit subsection (3).

s. 15(7)

In section 93 (efficiency studies)—

s. 15(7)(a)

in subsection (1), for “A funding agency” substitute “ The Secretary of State and HEFCW ”;

s. 15(7)(b)

in subsection (2), for “a funding agency” substitute “ the Secretary of State or HEFCW ”;

s. 15(7)(c)

in subsection (3)(a), for “support under this Part from the Agency” substitute “ assistance under section 14 of the Education Act 2002 from the Secretary of State ”.

s. 15(8)

For section 94 (duty to provide information) substitute—

s. 15(9)

In section 100 (interpretation of Part 3)—

s. 15(9)(a)

omit the definitions of “the Agency” and “a funding agency”;

s. 15(9)(b)

in the definition of “the school workforce”, for “section 75(5)” substitute “ subsection (1A) ”;

s. 15(9)(c)

in the definition of “training provider”, for “has the meaning given by section 78(3)” substitute “ means a person who provides training for members of the school workforce ”;

s. 15(9)(d)

after subsection (1) insert—

s. 16 — Abolition of the TDA: consequential amendments
s. 16(1)

Schedule 5 (abolition of the TDA: consequential amendments) has effect.

s. 16(2)

The Secretary of State may by order make changes in consequence of sections 14 and 15 to any provision of subordinate legislation made before the date on which this Act is passed.

s. 16(3)

The Welsh Ministers may by order make changes in consequence of sections 14 and 15, so far as applicable to Wales, to any provision of—

s. 16(3)(a)

an instrument made under a Measure of the National Assembly for Wales before the date on which this Act is passed;

s. 16(3)(b)

any other subordinate legislation made before the date on which this Act is passed, so far as applicable to Wales.

s. 16(4)

“Subordinate legislation” has the meaning given by section 21(1) of the Interpretation Act 1978.

s. 17 — Abolition of the TDA: transfer schemes

Schedule 6 (schemes for the transfer of staff, property, rights and liabilities from the Training and Development Agency for Schools to the Secretary of State) has effect.

Abolition of the School Support Staff Negotiating Body

s. 18 — Abolition of the School Support Staff Negotiating Body
s. 18(1)

Sections 227 to 241 of, and Schedule 15 to, ASCLA 2009 (the School Support Staff Negotiating Body) are repealed.

s. 18(2)

In consequence of subsection (1), in the House of Commons Disqualification Act 1975, in Part 3 of Schedule 1 (other disqualifying offices), omit “Person appointed to chair the School Support Staff Negotiating Body.”

Staff: minor amendments

s. 19 — Staffing of maintained schools: suspension of delegated budget
s. 19(1)

In section 35 of EA 2002 (staffing of community, voluntary controlled, community special and maintained nursery schools), in subsection (7) (effect of suspension of school's delegated budget), after “the School Standards and Framework Act 1998” insert “ , or section 66 of the Education and Inspections Act 2006, ”.

s. 19(2)

In section 36 of EA 2002 (staffing of foundation, voluntary aided and foundation special schools), in subsection (7) (effect of suspension of school's delegated budget), after “the School Standards and Framework Act 1998” insert “ , or section 66 of the Education and Inspections Act 2006, ”.

Part 4

Qualifications and the Curriculum

International comparison surveys

s. 20 — Requirement for schools to participate in international surveys

In Chapter 4 of Part 9 of EA 1996 (provision of information by governing bodies etc), after section 538, insert—

Ofqual

s. 21 — The Chief Regulator of Qualifications and Examinations

Schedule 7 (the Chief Regulator of Qualifications and Examinations) has effect.

s. 22 — The qualifications standards objective

In section 128 of ASCLA 2009 (Ofqual's objectives) for subsection (2) (the qualifications standards objective) substitute—

s. 23 — Enforcement powers
s. 23(1)

Part 7 of ASCLA 2009 (the Office of Qualifications and Examinations Regulation) is amended as set out in subsections (2) to (6).

s. 23(2)

In section 151 (power to give directions), for subsection (1) substitute—

s. 23(3)

After section 151 insert—

s. 23(4)

In section 152 (power to withdraw recognition), for subsection (2) substitute—

s. 23(5)

After section 152 insert—

s. 23(6)

In section 153 (qualifications regulatory framework), in subsection (8)(e), for “152” substitute “ 152C ”.

s. 23(7)

In section 262(6) of ASCLA 2009 (orders and regulations subject to affirmative resolution procedure), after paragraph (e) insert—.

Qualifications: Wales

s. 24 — Enforcement powers of Welsh Ministers

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Abolition of the Qualifications and Curriculum Development Agency

s. 25 — Abolition of the Qualifications and Curriculum Development Agency

Sections 175 to 191 of, and Schedule 11 to, ASCLA 2009 (the Qualifications and Curriculum Development Agency) are repealed.

s. 26 — Abolition of the QCDA: consequential amendments
s. 26(1)

Schedule 8 (abolition of the QCDA: consequential amendments) has effect.

s. 26(2)

The Secretary of State may by order make changes in consequence of section 25 to any provision of subordinate legislation made before the date on which this Act is passed.

s. 26(3)

“Subordinate legislation” has the meaning given by section 21(1) of the Interpretation Act 1978.

s. 27 — Abolition of the QCDA: transfer schemes

Schedule 9 (schemes for the transfer of staff, property, rights and liabilities from the QCDA to other persons) has effect.

Careers education and guidance

s. 28 — Education and training support services in England
s. 28(1)

Part 2 of ESA 2008 (education and training support services in England) is amended as set out in subsections (2) to (5).

s. 28(2)

Section 69 (Secretary of State directions in relation to education and training support services) is repealed.

s. 28(3)

In consequence of subsection (2)—

s. 28(3)(a)

in section 68 (provision of support services by local authorities)—

s. 28(3)(a)(i)

omit subsection (2);

s. 28(3)(a)(ii)

in subsection (3), omit “and section 69”;

s. 28(3)(a)(iii)

in subsection (4), omit paragraph (a) (and the “and” after it);

s. 28(3)(b)

in section 70(2) (local authorities: supplementary powers), omit “or 69”;

s. 28(3)(c)

in section 71(8) (provision of support on conditional basis), for “68(2) and (4)” substitute “ 68(4) ”.

s. 28(4)

Section 73 (duty on schools and FE institutions to permit access by persons involved in providing education and training support services) is repealed.

s. 28(5)

In section 76A (supply of information obtained in connection with education and training support services), omit subsection (5) (information not to be disclosed in a way that reveals identity of individual to whom it relates).

s. 28(6)

In consequence of the amendment made by subsection (2), omit section 255(2) of ASCLA 2009.

s. 29 — Careers guidance in schools in England
s. 29(1)

Part 7 of EA 1997 (careers education and guidance) is amended as set out in subsections (2) to (8).

s. 29(2)

Before section 43 insert—

s. 29(3)

In section 43 (careers education in schools)—

s. 29(3)(a)

in subsection (1), after “school” insert “ in Wales ”;

s. 29(3)(b)

in subsection (2), omit paragraph (d) (but not the “and” after it);

s. 29(3)(c)

omit subsections (2A) and (2B);

s. 29(3)(d)

in subsection (3)—

s. 29(3)(d)(i)

omit “(and, where applicable, subsection (2B))”;

s. 29(3)(d)(ii)

omit paragraph (b) (but not the “and” after it);

s. 29(3)(e)

omit subsection (4);

s. 29(3)(f)

in subsection (6)—

s. 29(3)(f)(i)

in the definition of “class”, for the words from “, in relation” to the end substitute “ has the same meaning as in section 42A; ”;

s. 29(3)(f)(ii)

omit the definitions of “16-18 education or training” and “training”;

s. 29(3)(g)

in the heading, at the end insert “ in Wales ”.

s. 29(4)

In section 44—

s. 29(4)(a)

in subsection (8)(a), for “listed in section 43(2)(a) to (d)” substitute “ in Wales listed in section 43(2)(a) and (c) ”;

s. 29(4)(b)

in subsection (8)(b), after “institutions” insert “ in Wales ”;

s. 29(4)(c)

for subsection (9) substitute—;

s. 29(4)(d)

in subsection (10)(a), after “a school” insert “ in Wales ”;

s. 29(4)(e)

in subsection (10)(b), after “an institution” insert “ in Wales ”;

s. 29(4)(f)

in the heading, after “institutions” insert “ in Wales ”.

s. 29(5)

In section 45 (provision of careers information at schools and other institutions)—

s. 29(5)(a)

in subsection (2)(a), for “listed in section 43(2)(a) to (d)” substitute “ in Wales listed in section 43(2)(a) and (c) ”;

s. 29(5)(b)

in subsection (2), omit the words from “and, in the case” to the end;

s. 29(5)(c)

omit subsections (2A) and (2B);

s. 29(5)(d)

for subsection (3) substitute—;

s. 29(5)(e)

in subsection (5), for “ “careers education” and “16-18 education or training”” substitute “and “careers education””.

s. 29(6)

In section 45A (guidance as to discharge of duties)—

s. 29(6)(a)

in subsection (1), for “43(2)(a), (c) or (e)” substitute “ 42A(2) ”;

s. 29(6)(b)

in subsection (2), for “any of sections 43(3), 44(9) and 45(3)” substitute “ 42A(1) or (4) ”;

s. 29(6)(c)

in the heading, at the end insert “ : schools in England ”.

s. 29(7)

In section 45B (provision of curriculum information), in the heading, at the end insert “ : Wales ”.

s. 29(8)

In section 46 (extension or modification of provisions of sections 43 to 45)—

s. 29(8)(a)

in subsection (1), for the words from “43” to “44(10)(a)(i)” substitute “ 42A, 43 or 44 by substituting for the period specified in section 42A(6), 43(5) or 44(10)(a)(i) ”;

s. 29(8)(b)

after subsection (2) insert—;

s. 29(8)(c)

in subsection (3)(a), after “institutions” insert “ in Wales ”;

s. 29(8)(d)

in subsection (5), after the definition of “careers education” insert—.

s. 29(9)

In consequence of the amendments made by subsections (1) to (8), omit—

s. 29(9)(a)

paragraph 71 of Schedule 9 to LSA 2000;

s. 29(9)(b)

paragraph 8 of Schedule 7 to EA 2002;

s. 29(9)(c)

section 81(2) and (3) of ESA 2008;

s. 29(9)(d)

section 250 of ASCLA 2009.

Repeal of the diploma entitlement

s. 30 — Repeal of diploma entitlement for 16 to 18 year olds
s. 30(1)

In section 45 of ASCLA 2009 (local authority duties in relation to the core and additional entitlements), the provisions to be inserted into EA 1996 are amended as set out in subsections (2) to (6).

s. 30(2)

In the italic cross-heading above section 17A, for “core and additional entitlements” substitute “ core entitlement ”.

s. 30(3)

In section 17A (duties in relation to the core and additional entitlements)—

s. 30(3)(a)

in subsection (1), for “core entitlement and the additional entitlement are” substitute “ core entitlement is ”;

s. 30(3)(b)

omit subsections (2) to (5);

s. 30(3)(c)

in subsection (7), omit the definitions of “additional entitlement area” and “the additional entitlement”;

s. 30(3)(d)

omit subsection (8);

s. 30(3)(e)

in subsection (9)—

s. 30(3)(e)(i)

for “references in subsections (1) and (2)” substitute “ reference in subsection (1) ”;

s. 30(3)(e)(ii)

for “do” substitute “ does ”;

s. 30(3)(f)

in the heading, for “core and additional entitlements” substitute “ core entitlement ”.

s. 30(4)

Omit section 17B (election for either core entitlement or additional entitlement).

s. 30(5)

In section 17C (the core entitlement)—

s. 30(5)(a)

before subsection (1) insert—;

s. 30(5)(b)

in subsection (1), for “electing for” substitute “ who has ”;

s. 30(5)(c)

after subsection (4) insert—

s. 30(6)

Omit section 17D (the additional entitlement).

s. 30(7)

In section 48 of ASCLA 2009 (provision of education for persons subject to youth detention), in the section 18A to be inserted into EA 1996—

s. 30(7)(a)

in subsection (2)(e), omit “and the additional entitlement” and “who have elected for them”;

s. 30(7)(b)

for subsection (4) substitute—

s. 30(8)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 31 — Repeal of diploma entitlement for fourth key stage
s. 31(1)

Section 74 of EIA 2006 (curriculum requirements for the fourth key stage) is amended as follows.

s. 31(2)

In subsection (1), in the new section 85A to be inserted into EA 2002—

s. 31(2)(a)

in subsection (1), for the words from “do either of the following” to the end substitute “ follow a course of study in a subject within each of such one or more of the four entitlement areas specified in subsection (2) as the pupil may choose. ”;

s. 31(2)(b)

in subsection (2), for “(1)(a)” substitute “ (1) ”;

s. 31(2)(c)

in subsection (4), for the words after “satisfied” substitute “ if a course of study in a subject within each of the entitlement areas specified in subsection (2) is made available to the pupil by or on behalf of the school at which the pupil is a registered pupil. ”;

s. 31(2)(d)

in subsection (5), for “(1)(a) or (b)” substitute “ (1) ”;

s. 31(2)(e)

in subsection (6), for the words after “means” substitute “ a course of education or training which leads to such qualification as the governing body may choose from among those approved under section 98 of the Learning and Skills Act 2000 for the purposes of section 96 of that Act. ”

s. 31(3)

Omit subsection (3).

Part 5

Educational institutions: other provisions

Repeal of duties of governing bodies, local authorities and others

s. 32 — Duty to prepare and publish school profile
s. 32(1)

Section 30A of EA 2002 (duty of governing body of maintained school in England to prepare and publish school profile) is repealed.

s. 32(2)

In consequence of subsection (1), section 104 of EA 2005 (insertion of section 30A of EA 2002) is repealed.

s. 33 — Duty to appoint school improvement partners
s. 33(1)

Section 5 of EIA 2006 (requirement for local authority to appoint school improvement partner for each school they maintain) is repealed.

s. 33(2)

In consequence of subsection (1), in section 187(3) of EIA 2006 (provisions to be read as if they were contained in EA 1996), omit paragraph (a).

s. 34 — Duties in relation to school admissions
s. 34(1)

Part 3 of SSFA 1998 (school admissions) is amended as follows.

s. 34(2)

In section 85A (admission forums)—

s. 34(2)(a)

in subsection (1)—

s. 34(2)(a)(i)

in the opening words, after “authority” insert “ in Wales ”;

s. 34(2)(a)(ii)

at the end of paragraph (a), insert “ and ”;

s. 34(2)(a)(iii)

omit paragraph (c) (and the “and” preceding it);

s. 34(2)(b)

omit subsections (1A) to (1C);

s. 34(2)(c)

in subsection (3), omit paragraph (ba) (but not the “and” following it);

s. 34(2)(d)

omit subsection (3A);

s. 34(2)(e)

omit subsections (5A) and (5B).

s. 34(3)

In section 88I (other functions of adjudicator relating to admission arrangements), in subsection (3), omit paragraph (b) (and the “or” preceding it).

s. 34(4)

Section 88J (changes to admission arrangements by schools adjudicator) is repealed.

s. 34(5)

In section 88P (reports by local authorities)—

s. 34(5)(a)

in subsection (1) for “prescribed” substitute “ required by the code for school admissions ”;

s. 34(5)(b)

omit subsections (4) and (5).

s. 34(6)

Schedule 10 (consequential amendments) has effect.

s. 35 — Duties in relation to school meals etc
s. 35(1)

Part 9 of EA 1996 (ancillary functions) is amended as follows.

s. 35(2)

In section 512ZA (power to charge for meals etc)—

s. 35(2)(a)

after subsection (1) insert—;

s. 35(2)(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 35(3)

In section 533 (functions of governing bodies of maintained schools with respect to provision of school meals etc)—

s. 35(3)(a)

after subsection (3) insert—;

s. 35(3)(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Admissions

s. 36 — Objections to admission arrangements
s. 36(1)

Section 88H of SSFA 1998 (reference of objections to adjudicator) is amended as set out in subsections (2) to (6).

s. 36(2)

In subsection (2)—

s. 36(2)(a)

in paragraph (a), for “an appropriate person” substitute “ a body or person ”;

s. 36(2)(b)

after “that” insert “ body or ”.

s. 36(3)

Omit subsection (3).

s. 36(4)

In subsection (4) omit “or (3)”.

s. 36(5)

In subsection (5)—

s. 36(5)(a)

in paragraph (a)(i) omit “or (3)”;

s. 36(5)(b)

in paragraph (a)(ii) for “(3)” substitute “ (2) ”;

s. 36(5)(c)

in paragraph (c) omit “or (3)”;

s. 36(5)(d)

in paragraph (d) omit “or (3)”.

s. 36(6)

Omit subsection (6).

s. 36(7)

In section 88K of SSFA 1998 (sections 88H to 88J: supplementary), for subsection (2)(b) substitute—

New schools

s. 37 — Establishment of new schools

Schedule 11 (establishment of new schools) has effect.

Governing bodies: constitution and dissolution

s. 38 — Constitution of governing bodies: maintained schools in England
s. 38(1)

Section 19 of EA 2002 (governing bodies) is amended as follows.

s. 38(2)

After subsection (1) insert—

s. 38(3)

In subsection (2), after “governing body” insert “ of a maintained school in Wales ”.

s. 38(4)

After subsection (4) insert—

s. 39 — Discontinuance of federated school: governing body not to be dissolved

In paragraph 5 of Schedule 1 to EA 2002 (dissolution of school governing body on discontinuance of school), after sub-paragraph (1) insert—

Standards

s. 40 — School inspections: exempt schools
s. 40(1)

Part 1 of EA 2005 (school inspections and other inspections by school inspectors) is amended as set out in subsections (2) to (8).

s. 40(2)

In section 5 (duty to inspect certain schools at prescribed intervals)—

s. 40(2)(a)

in subsection (2), for “subsection (3)” substitute “ subsections (3) and (4A) ”;

s. 40(2)(b)

after subsection (4), insert—

s. 40(3)

In section 6 (duty to notify parents of section 5 inspection), in subsection (1)—

s. 40(3)(a)

omit “to which section 5 applies”;

s. 40(3)(b)

for “that section” substitute “ section 5 ”.

s. 40(4)

In section 8 (other inspections), at the end insert—

s. 40(5)

In section 9 (power of Chief Inspector to treat other inspection as section 5 inspection)—

s. 40(5)(a)

the existing provision is renumbered subsection (1);

s. 40(5)(b)

at the end insert—;

s. 40(5)(c)

in the heading, for “of Chief Inspector” substitute “ or duty ”.

s. 40(6)

In section 12 (interpretation of Chapter 1), after the definition of “the Chief Inspector” insert—.

s. 40(7)

In section 15 (measures to be taken by local authority), in subsection (2C) for the words from “in respect of” to the end substitute “ which is not treated as a section 5 inspection by virtue of section 9 ”.

s. 40(8)

In section 17 (statement to be prepared by proprietor of school), in subsection (1D) for the words from “in respect of” to the end substitute “ which is not treated as a section 5 inspection by virtue of section 9 ”.

s. 40(9)

In section 121 of EA 2005 (parliamentary control of subordinate legislation)—

s. 40(9)(a)

in subsection (2)(a), after “subsection” insert “ (2A) or ”;

s. 40(9)(b)

after subsection (2) insert—

s. 41 — School inspections: matters to be covered in Chief Inspector's report
s. 41(1)

In section 5 of EA 2005 (duty to inspect certain schools at prescribed intervals), for subsections (5) and (5A) (matters for report), substitute—

s. 41(2)

In consequence of subsection (1), section 154 of EIA 2006 (amendments of section 5(5) of EA 2005) is repealed.

s. 42 — Inspection of further education institutions: exempt institutions
s. 42(1)

Chapter 3 of Part 8 of EIA 2006 (inspection of further education and training etc) is amended as set out in subsections (2) to (10).

s. 42(2)

In section 125 (inspection of further education institutions)—

s. 42(2)(a)

in subsection (1), at the end insert “ subject to subsection (1A) ”;

s. 42(2)(b)

after that subsection insert—;

s. 42(2)(c)

in subsection (2), for “The inspections” substitute “ Inspections under subsection (1) ”.

s. 42(3)

Section 126 (other inspections) is amended as set out in subsections (4) to (9).

s. 42(4)

After subsection (1), insert—

s. 42(5)

After subsection (2) insert—

s. 42(6)

In subsection (3), after “this section” insert “ conducted in any other case ”.

s. 42(7)

In subsection (4), after “subsection (1)” insert “ or (1A) ”.

s. 42(8)

After subsection (5) insert—

s. 42(9)

At the end, insert—

s. 42(10)

In section 127 (action plans), in subsection (1) at the end insert “ or (1A) ”.

s. 42(11)

In section 182 of EIA 2006 (parliamentary control of orders and regulations)—

s. 42(11)(a)

in subsection (2), after paragraph (a) insert—;

s. 42(11)(b)

after subsection (2) insert—;

s. 42(11)(c)

in subsection (3), after paragraph (a) insert—.

s. 43 — Inspection of boarding accommodation
s. 43(1)

Part 12 of the Children Act 1989 (miscellaneous and general) is amended as follows.

s. 43(2)

In section 87 (welfare of children in boarding schools and colleges)—

s. 43(2)(a)

after subsection (1), insert—;

s. 43(2)(b)

in subsection (3), for “he is accommodated” substitute “ accommodation for the child is provided ”;

s. 43(2)(c)

after subsection (3), insert—;

s. 43(2)(d)

in subsection (5), for “its duty” substitute “ any of its functions ”;

s. 43(2)(e)

in subsection (9A), for “he is accommodated” substitute “ accommodation for the child is provided ”.

s. 43(3)

In section 87A (suspension of duty under section 87(3))—

s. 43(3)(a)

in subsection (1)(b), for “they are accommodated” substitute “ accommodation for the children is provided ”;

s. 43(3)(b)

after subsection (4) insert—

s. 43(4)

After section 87B insert—

s. 43(5)

In section 87C (boarding schools: national minimum standards), in subsection (1), for “in” substitute “ by ”.

s. 44 — Schools causing concern: powers of Secretary of State
s. 44(1)

Part 4 of EIA 2006 (schools causing concern: England) is amended as follows.

s. 44(2)

In section 68 (power of Secretary of State to direct closure of school), in subsection (1), for “by virtue of section 62 (school requiring special measures)” substitute “ other than by virtue of section 60A ”.

s. 44(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 45 — Complaints: repeal of power to complain to Local Commissioner
s. 45(1)

Sections 206 to 224 of ASCLA 2009 (complaints against schools in England) are repealed.

s. 45(2)

In consequence of subsection (1)—

s. 45(2)(a)

in section 409 of EA 1996 (complaints and enforcement: maintained schools)—

s. 45(2)(a)(i)

in subsection (1), after “authority” insert “ in Wales ” and after “schools” insert “ in Wales ”;

s. 45(2)(a)(ii)

in subsection (4), for “Secretary of State” substitute “ Welsh Ministers ”;

s. 45(2)(a)(iii)

in the heading, after “schools” insert “ in Wales ”;

s. 45(2)(b)

in section 496 of EA 1996 (power of Secretary of State to prevent unreasonable exercise of functions), omit subsections (3) and (4);

s. 45(2)(c)

in section 497 of EA 1996 (Secretary of State's general default powers), omit subsections (4) and (5);

s. 45(2)(d)

in paragraph 6 of Schedule 1 (pupil referral units: complaints)—

s. 45(2)(d)(i)

in sub-paragraph (3), after “local authority” insert “ in Wales ” and after “unit” insert “ in Wales ”;

s. 45(2)(d)(ii)

in sub-paragraph (4), for “Secretary of State” substitute “ Welsh Ministers ”, after “any local authority” and “a local authority” insert insert “ in Wales ”, and after “pupil referral unit” insert “ in Wales ”;

s. 45(2)(e)

in paragraph 1 of Schedule 4 to the Local Government Act 1974 (disqualifications from acting as Local Commissioner or investigating complaint), omit sub-paragraphs (2C) and (2D);

s. 45(2)(f)

in section 262(6) of ASCLA 2009 (statutory instruments subject to affirmative procedure), omit paragraph (f);

s. 45(2)(g)

in Schedule 16 to ASCLA 2009 (repeals and revocations), omit Part 7 (complaints);

s. 45(2)(h)

section 22 of CSFA 2010 (amendments of sections 207 and 216 of ASCLA 2009) is repealed.

Finance

s. 46 — Local authorities' financial schemes

In Schedule 14 to SSFA 1998 (revision of local authority schemes), in paragraph 2A, at the end insert—

s. 47 — Payments in respect of dismissal, etc
s. 47(1)

Section 37 of EA 2002 (payments in respect of dismissal, etc) is amended as follows.

s. 47(2)

After subsection (7), insert—

s. 47(3)

In subsection (8), after “maintained school” insert “ in Wales ”.

s. 48 — Determination of permitted charges
s. 48(1)

Section 456 of EA 1996 (regulation of permitted charges) is amended as follows.

s. 48(2)

In subsection (4), after paragraph (a) insert—.

s. 48(3)

In subsection (5), for “subsection (6)” substitute “ subsections (6) and (6A) ”.

s. 48(4)

After subsection (6), insert—

Further education institutions

s. 49 — Further education institutions: amendments

Schedule 12 (further education institutions: amendments) has effect.

Pupil referral units

s. 50 — Financing of pupil referral units
s. 50(1)

Section 45 of SSFA 1998 (financing of maintained schools: maintained schools to have budget shares) is amended as follows.

s. 50(2)

In subsection (1A), omit “or” at the end of paragraph (b), and after paragraph (c) insert

s. 50(3)

In subsection (3)—

s. 50(3)(a)

in paragraph (a), after “pupil referral units” insert “ in Wales ”;

s. 50(3)(b)

after paragraph (a) insert—.

s. 51 — Repeal of provision changing name of pupil referral units
s. 51(1)

ASCLA 2009 is amended as set out in subsections (2) and (3).

s. 51(2)

In section 249 (short stay schools: miscellaneous)—

s. 51(2)(a)

omit subsections (1) and (2) (change of name from pupil referral unit to short stay school);

s. 51(2)(b)

for the heading, substitute “ Regulations about pupil referral units ”.

s. 51(3)

For the italic cross-heading above section 249, substitute “ Pupil referral units ”.

s. 51(4)

In Schedule 1 to EA 1996 (pupil referral units), in paragraph 3A—

s. 51(4)(a)

in sub-paragraph (a), for “short stay school” substitute “ pupil referral unit ”;

s. 51(4)(b)

in sub-paragraph (b), for “short stay schools”, in both places where it occurs, substitute “ pupil referral units ”.

Part 6

Academies

Academy arrangements

s. 52 — Academies: removal of requirement to have specialism

In section 1(6) of AA 2010 (Academy arrangements: characteristics of Academy) omit paragraph (b) (curriculum to have emphasis on particular subject area).

s. 53 — Academy arrangements: post-16 education and alternative provision
s. 53(1)

Section 1 of AA 2010 (Academy arrangements) is amended as set out in subsections (2) to (6).

s. 53(2)

For subsection (5) substitute—

s. 53(3)

Omit subsection (6).

s. 53(4)

In subsection (7), for “a school within subsection (5)(a)(i)” substitute “ an educational institution within section 1A(1) ”.

s. 53(5)

In subsection (9), for “school” (in both places) substitute “ institution ”.

s. 53(6)

In subsection (10), for “A school” substitute “ An educational institution ”.

s. 53(7)

After section 1 of AA 2010 insert—

s. 54 — Consequential amendments: 16 to 19 Academies and alternative provision Academies
s. 54(1)

Schedule 13 (16 to 19 Academies and alternative provision Academies: consequential amendments) has effect.

s. 54(2)

The Secretary of State may by order make further changes in consequence of section 53 to any provision of—

s. 54(2)(a)

an Act passed before, or in the same Session as, this Act;

s. 54(2)(b)

subordinate legislation made before the date on which this Act is passed.

s. 54(3)

“Subordinate legislation” has the meaning given by section 21(1) of the Interpretation Act 1978.

Academy orders

s. 55 — Academy orders: involvement of religious bodies etc
s. 55(1)

Section 4 of AA 2010 (Academy orders) is amended as follows.

s. 55(2)

After subsection (1), insert—

s. 55(3)

In subsection (4)—

s. 55(3)(a)

at the end of paragraph (a), omit “and”;

s. 55(3)(b)

at the end insert

s. 55(4)

In subsection (5)—

s. 55(4)(a)

at the end of paragraph (a), omit “and”;

s. 55(4)(b)

at the end insert

s. 55(5)

At the end, insert—

s. 56 — Academies: consultation on conversion

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 57 — Academy conversions: federated schools
s. 57(1)

AA 2010 is amended as follows.

s. 57(2)

In section 3 (application for Academy order) after subsection (5) insert—

s. 57(3)

In section 4 (Academy orders), in subsection (1)(a), for “the governing body of the school make an application” substitute “ an application in respect of the school is made ”.

s. 57(4)

In section 7 (transfer of school surpluses)—

s. 57(4)(a)

in subsection (6)(a), after “made available” insert “ in respect of the school ”;

s. 57(4)(b)

in subsection (6), at the end, insert “ This subsection is subject to subsection (9). ”;

s. 57(4)(c)

in subsection (7), for “to a school's” substitute “in respect of a school to the school's”;

s. 57(4)(d)

after subsection (8) insert—

s. 57(5)

In section 17 (interpretation of Act), in subsection (2), after the definition of “the conversion date” insert—.

s. 58 — Academy orders: local authority powers

In section 6 of AA 2010 (effect of Academy order), after subsection (2) insert—

s. 59 — Transfer of property, rights and liabilities to Academies
s. 59(1)

Section 8 of AA 2010 (transfer of other property) is amended as follows.

s. 59(2)

For subsection (2) substitute—

s. 59(3)

In subsections (3) to (10), for “property transfer scheme” (in each place) substitute “ transfer scheme ”.

s. 59(4)

In subsection (4), for “the proprietor of the Academy” substitute “ a person concerned with the running of the Academy ”.

s. 59(5)

For the heading substitute “ Transfer schemes: other property, rights and liabilities ”.

Academies: other provisions

s. 60 — Academies: new and expanded educational institutions
s. 60(1)

For section 9 of AA 2010 (impact: additional schools) substitute—

s. 60(2)

For section 10 of AA 2010 (consultation: additional schools) substitute—

s. 61 — Charges at boarding Academies

After section 10 of AA 2010 insert—

s. 62 — Staff at Academies with religious character
s. 62(1)

Part 5A of SSFA 1998 (employment of teachers at independent schools having a religious character) is amended as set out in subsections (2) and (3).

s. 62(2)

In section 124A (employment of teachers at independent schools having a religious character), in subsection (1), at the end insert “ , other than an Academy to which section 124AA applies ”.

s. 62(3)

After section 124A, insert—

s. 62(4)

In consequence of the amendments made by subsections (2) and (3)—

s. 62(4)(a)

in the title to Part 5A of SSFA 1998, for “Employment of Teachers” substitute “ Teachers and Staff ”;

s. 62(4)(b)

in section 138 of SSFA 1998 (orders and regulations), in subsection (2)(a), after “111(3)(a)” insert “ , 124AA(2) ”;

s. 62(4)(c)

in paragraph 4 of Schedule 22 to the Equality Act 2010 (educational appointments etc based on religious belief), at the end insert—

s. 63 — Academies: land

Schedule 14 (Academies: land) has effect.

s. 64 — Academy admissions arrangements: references to adjudicator
s. 64(1)

Chapter 1 of Part 3 of SSFA 1998 (school admissions: admission arrangements) is amended as follows.

s. 64(2)

In section 88 (admission authorities and admission arrangements)—

s. 64(2)(a)

in subsection (1), omit the “and” at the end of paragraph (a);

s. 64(2)(b)

in that subsection, at the end, insert;

s. 64(2)(c)

in subsection (2), omit “maintained”.

s. 64(3)

In section 88H (reference of objections to adjudicator), after subsection (1) insert—

s. 64(4)

In section 88I (other functions of adjudicator relating to admission arrangements), in subsection (1)—

s. 64(4)(a)

after “determined” insert;

s. 64(4)(b)

at the end insert

s. 64(5)

In section 88K (sections 88H and 88I: supplementary)—

s. 64(5)(a)

in subsection (4)(a), after “England” insert “ or an Academy ”;

s. 64(5)(b)

in subsection (5), for the words from “means” to the end substitute

s. 65 — Academies: minor amendments

Schedule 15 (Academies: minor amendments) has effect.

Part 7

Post-16 education and training

Abolition of the Young People's Learning Agency for England

s. 66 — Abolition of the Young People's Learning Agency for England

Sections 60 to 80 of, and Schedule 3 to, ASCLA 2009 (the Young People's Learning Agency for England) are repealed.

s. 67 — Abolition of the YPLA: consequential amendments
s. 67(1)

Schedule 16 (abolition of the YPLA: consequential amendments) has effect.

s. 67(2)

The Secretary of State may by order make further changes in consequence of section 66 to any provision of subordinate legislation made before the date on which this Act is passed.

s. 67(3)

“Subordinate legislation” has the meaning given by section 21(1) of the Interpretation Act 1978.

s. 68 — Abolition of the YPLA: transfer schemes

Schedule 17 (schemes for the transfer of staff, property, rights and liabilities from the Young People's Learning Agency for England to other persons) has effect.

Apprenticeships

s. 69 — The apprenticeship offer
s. 69(1)

ASCLA 2009 is amended as follows.

s. 69(2)

After section 83 insert—

s. 69(3)

Schedule 18 (consequential amendments) has effect.

s. 70 — Securing the provision of apprenticeship training

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 71 — Apprenticeship certificates
s. 71(1)

ASCLA 2009 is amended as follows.

s. 71(2)

In section 5 (issue of certificates by the English certifying authority: supplementary), in subsection (3), for the words from “the English certifying authority” to the end substitute “ a person supplying a copy of an apprenticeship certificate to charge a fee for doing so. ”

s. 71(3)

For section 6 (apprenticeship certificates: the English certifying authority) substitute—

s. 71(4)

In section 39(1) (interpretation of Chapter 1 of Part 1) for the definition of “English certifying authority” substitute—.

The Chief Executive of Skills Funding

s. 72 — Consultation by Chief Executive of Skills Funding

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

s. 73 — Functions of the Chief Executive of Skills Funding
s. 73(1)

Part 4 of ASCLA 2009 (the Chief Executive of Skills Funding) is amended as follows.

s. 73(2)

In section 88 (learning aims for persons aged 19 or over: payment of tuition fees)—

s. 73(2)(a)

in subsection (1), for “paragraph 1” substitute “ paragraph 1(a) or (b) ”;

s. 73(2)(b)

after subsection (2), insert—;

s. 73(2)(c)

in subsection (4)(a), for “25” substitute “ 24 ”.

s. 73(3)

Sections 112 to 114 (Secretary of State's power to specify bodies to formulate strategy for the Chief Executive) are repealed.

Raising the participation age: commencement

s. 74 — Duty to participate in education or training: commencement

In section 173 of ESA 2008 (commencement), for subsections (9) and (10) substitute—

Part 8

Direct payments

s. 75 — Direct payments: persons with special educational needs or subject to learning difficulty assessment
s. 75(1)

In Chapter 2 of Part 9 of EA 1996 (ancillary functions of local authorities) after section 532 insert—

s. 75(2)

In section 568 of EA 1996 (orders)—

s. 75(2)(a)

in subsection (3), after “other than” insert “ an order to which subsection (3A) applies or ”;

s. 75(2)(b)

after subsection (3) insert—

s. 75(3)

The provisions inserted into EA 1996 by subsections (1) and (2) are repealed at the end of four years beginning with the day on which this Act is passed.

Part 9

Student finance

s. 76 — Student loans: interest rates
s. 76(1)

In section 22 of THEA 1998 (financial support for students), in subsection (4) (interest rates on loans), for paragraph (a) (but not the “and” after it) substitute—.

s. 76(2)

In consequence of subsection (1)—

s. 76(2)(a)

in section 22 of THEA 1998, omit subsections (8) and (9);

s. 76(2)(b)

in section 2 of the Sale of Student Loans Act 2008 (sale of student loans: supplemental), in subsection (5), omit paragraph (d) (but not the “and” after it).

s. 76(3)

This section applies in relation to a student who begins a course on or after 1 September 2012, except in such circumstances as may be prescribed.

s. 76(4)

In subsection (3) “prescribed”—

s. 76(4)(a)

in relation to England, means prescribed by regulations made by the Secretary of State;

s. 76(4)(b)

in relation to Wales, means prescribed by regulations made by the Welsh Ministers.

s. 77 — Limit on student fees: part-time courses

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part 10

General

s. 78 — Orders and regulations
s. 78(1)

A power to make an order or regulations under this Act is exercisable by statutory instrument.

s. 78(2)

A power to make an order or regulations under this Act (except a power conferred by section 82) includes power—

s. 78(2)(a)

to make different provision for different purposes (including different areas);

s. 78(2)(b)

to make provision generally or in relation to specific cases;

s. 78(2)(c)

to make incidental, consequential, supplementary, transitional, transitory or saving provision.

s. 78(3)

Subject to subsection (4), a statutory instrument containing an order or regulations made by the Secretary of State under this Act (other than an order under section 82) is subject to annulment in pursuance of a resolution of either House of Parliament.

s. 78(4)

A statutory instrument which contains (alone or with other provision) an order under section 54(2) which amends or repeals any provision of an Act may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

s. 78(5)

A statutory instrument containing an order or regulations made by the Welsh Ministers under this Act is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

s. 79 — Interpretation of Act

In this Act—“FHEA 1992” means the Further and Higher Education Act 1992;“EA 1994” means the Education Act 1994;“EA 1996” means the Education Act 1996;“EA 1997” means the Education Act 1997;“THEA 1998” means the Teaching and Higher Education Act 1998;“SSFA 1998” means the School Standards and Framework Act 1998;“LSA 2000” means the Learning and Skills Act 2000;“EA 2002” means the Education Act 2002;“HEA 2004” means the Higher Education Act 2004;“EA 2005” means the Education Act 2005;“EIA 2006” means the Education and Inspections Act 2006;“ESA 2008” means the Education and Skills Act 2008;“ASCLA 2009” means the Apprenticeships, Skills, Children and Learning Act 2009;“CSFA 2010” means the Children, Schools and Families Act 2010;“AA 2010” means the Academies Act 2010.

s. 80 — Financial provision

There is to be paid out of money provided by Parliament any increase attributable to this Act in the sums payable under any other Act out of money so provided.

s. 81 — Extent
s. 81(1)

This Act extends to England and Wales only, subject to subsections (2) and (3).

s. 81(2)

This Part extends to the whole of the United Kingdom.

s. 81(3)

An amendment or repeal made by this Act has the same extent as the provision to which it relates.

s. 82 — Commencement
s. 82(1)

The following provisions come into force on the day on which this Act is passed—

s. 82(1)(a)

section 33;

s. 82(1)(b)

section 40(1) to (3) and (5) to (9);

s. 82(1)(c)

section 41;

s. 82(1)(d)

section 42(1) to (7) and (9) to (11);

s. 82(1)(e)

section 58;

s. 82(1)(f)

section 75;

s. 82(1)(g)

sections 76 and 77;

s. 82(1)(h)

this Part.

s. 82(2)

The following provisions come into force at the end of two months beginning with the day on which this Act is passed—

s. 82(2)(a)

section 6;

s. 82(2)(b)

sections 30 and 31;

s. 82(2)(c)

section 47;

s. 82(2)(d)

section 48;

s. 82(2)(e)

section 61.

s. 82(3)

The other provisions of this Act come into force on such day as the Secretary of State may by order appoint.

s. 82(4)

The Secretary of State must exercise the power conferred by subsection (3) so as to secure that, subject to any provision made by virtue of subsection (7), sections 69 and 70 and Schedule 18 are in force no later than the day after the day which is the school leaving date for 2013.

s. 82(5)

Before making an order bringing section 13 into force, the Secretary of State must consult the Welsh Ministers.

s. 82(6)

Before making an order bringing sections 14 to 17 into force, the Secretary of State must obtain the consent of the Welsh Ministers.

s. 82(7)

An order under this section may—

s. 82(7)(a)

appoint different days for different purposes (including different areas);

s. 82(7)(b)

contain transitional, transitory or saving provision in connection with the coming into force of this Act.

s. 83 — Short title
s. 83(1)

This Act may be cited as the Education Act 2011.

s. 83(2)

This Act is to be included in the list of Education Acts set out in section 578 of EA 1996.

Sch 1

Review of exclusions from schools in England: consequential amendments

Local Government Act 1972 (c. 70)

Sch 1 para 1

In section 177 of the Local Government Act 1972 (provisions supplementary to provisions on allowances), in subsection (1A)—

Sch 1 para 1(a)

before paragraph (c) insert—;

Sch 1 para 1(b)

in paragraph (c), for the words from “the Education Act” to the end substitute “ that Act (allowances for exclusion appeal panels: Wales); and ”.

Local Government Act 1974 (c. 7)

Sch 1 para 2

In section 25 of the Local Government Act 1974 (authorities subject to investigation), in subsection (5)(e)—

Sch 1 para 2(a)

for “appeal” substitute “ review ”;

Sch 1 para 2(b)

for “section 52” substitute “ section 51A ”.

Sch 1 para 3

In section 31A of that Act (consideration of adverse reports), in subsection (3)(c), for “exclusion appeal panel” substitute “ exclusion review panel ”.

Tribunals and Inquiries Act 1992 (c. 53)

Sch 1 para 4

In Part 1 of Schedule 1 to the Tribunals and Inquiries Act 1992 (tribunals under direct supervision of the Council), in paragraph 15 (education), after sub-paragraph (a), insert—.

EA 1996

Sch 1 para 5

EA 1996 is amended as follows.

Sch 1 para 6

In section 444ZA (application of section 444 to alternative educational provision), in subsection (1D), in paragraph (a), for “section 52” substitute “ section 51A ”.

Sch 1 para 7

In Schedule 35B (meaning of “eligible child” for purposes of school travel arrangements), in paragraph 8(2)(b), for “section 52” substitute “ section 51A ”.

SSFA 1998

Sch 1 para 8

Section 87 of SSFA 1998 (no requirement to admit children permanently excluded from two or more schools) is amended as follows.

Sch 1 para 9

After subsection (3) insert—

Sch 1 para 10

In subsection (4), in the opening words—

Sch 1 para 10(a)

omit “However,”;

Sch 1 para 10(b)

after “a school” insert “ in Wales ”.

Equality Act 2010 (c. 15)

Sch 1 para 11

Schedule 17 to the Equality Act 2010 (disabled pupils: enforcement) is amended as follows.

Sch 1 para 12

In the heading above paragraph 14, at the end insert “ : Wales ”.

Sch 1 para 13

In paragraph 14 (exclusions)—

Sch 1 para 13(a)

in sub-paragraph (1), at the end insert “ that are made in relation to schools in Wales ”;

Sch 1 para 13(b)

for sub-paragraph (4), substitute—;

Sch 1 para 13(c)

in sub-paragraph (5), omit paragraph (b).

Sch 2

Abolition of the GTCE: consequential amendments

Amendments to THEA 1998

Sch 2 para 1

THEA 1998 is amended as follows.

Sch 2 para 2

In the heading to Chapter 1, for “Councils” substitute “ Council for Wales ”.

Sch 2 para 3

In the italic cross-heading above section 1, for “England” substitute “ Wales: aims and constitution ”.

Sch 2 para 4

In the italic cross-heading above section 2, for “England” substitute “ Wales ”.

Sch 2 para 5

In section 2, in the heading, for “General Teaching Council for England” substitute “ the Council ”.

Sch 2 para 6

In the italic cross-heading above section 8, at the beginning insert “ Establishment of ”.

Sch 2 para 7

In section 8 (the General Teaching Council for Wales)—

Sch 2 para 7(a)

in subsection (2), omit “as it has effect in relation to the Council,”;

Sch 2 para 7(b)

omit subsections (3) to (6);

Sch 2 para 7(c)

in the heading, at the beginning insert “ Establishment of ”.

Sch 2 para 8

In section 9 (functions of the General Teaching Council for Wales: general)—

Sch 2 para 8(a)

omit subsection (1);

Sch 2 para 8(b)

in subsection (2), for “the General Teaching Council for Wales” substitute “ the Council ”.

Sch 2 para 9

In section 12 (deduction of fees from salaries, etc)—

Sch 2 para 9(a)

in subsection (1)(b), omit “relevant”;

Sch 2 para 9(b)

in subsection (3), in paragraphs (b) and (c), omit “relevant”;

Sch 2 para 9(c)

in subsection (4), omit the definition of “relevant Council”.

Sch 2 para 10

In section 14 (supply of information relating to teachers: general)—

Sch 2 para 10(a)

for subsection (1) substitute—

Sch 2 para 10(b)

in subsection (2), for “Each of those Councils” substitute “ The Council ”;

Sch 2 para 10(c)

in subsection (3), for “either” substitute “ the ”;

Sch 2 para 10(d)

omit subsection (4).

Sch 2 para 11

In section 15 (supply of information following dismissal, resignation, etc)—

Sch 2 para 11(a)

omit subsection (2);

Sch 2 para 11(b)

in subsection (3)—

Sch 2 para 11(b)(i)

omit the words from the beginning to “in Wales,”;

Sch 2 para 11(b)(ii)

for “the General Teaching Council for Wales” substitute “ the Council ”.

Sch 2 para 11(c)

in subsection (5), in the definition of “relevant employer”, at the end of each of paragraphs (a), (b), (c) and (d) insert “ in Wales ”.

Sch 2 para 12

In section 15A (supply of information by contractor, agency, etc)—

Sch 2 para 12(a)

in subsection (2), for “Subsections (3) and (4) apply” substitute “ Subsection (4) applies ”;

Sch 2 para 12(b)

omit subsections (3), (5) and (7);

Sch 2 para 12(c)

in subsection (4)—

Sch 2 para 12(c)(i)

omit the words from the beginning to “in Wales,”;

Sch 2 para 12(c)(ii)

for “the General Teaching Council for Wales” substitute “ the Council ”.

Sch 2 para 13

In the italic cross-heading above section 19, at the end insert “ : teachers in Wales ”.

Sch 2 para 14

In section 19 (requirement to serve induction period)—

Sch 2 para 14(a)

in subsection (1), after “schools” insert “ in Wales ”;

Sch 2 para 14(b)

in subsection (2)(i), for “either the Council or the General Teaching Council for Wales” substitute “ the Council ”;

Sch 2 para 14(c)

in subsection (3)—

Sch 2 para 14(c)(i)

omit the words from the beginning to “established,”;

Sch 2 para 14(c)(ii)

for “one or both of those Councils (as appropriate)” substitute “ the Council ”;

Sch 2 para 14(d)

in subsection (4)(b), omit “or the General Teaching Council for Wales”.

Sch 2 para 15

In section 42 (orders and regulations)—

Sch 2 para 15(a)

omit subsection (3);

Sch 2 para 15(b)

in subsection (9)—

Sch 2 para 15(b)(i)

omit the words from the beginning to “established,”;

Sch 2 para 15(b)(ii)

omit “to which the regulations will relate”.

Sch 2 para 16
Sch 2 para 16(1)

Schedule 1 is amended as follows.

Sch 2 para 16(2)

In the title, for “England” substitute “ Wales ”.

Sch 2 para 16(3)

In paragraph 2, omit sub-paragraph (3).

Sch 2 para 16(4)

In paragraph 4(1)—

Sch 2 para 16(4)(a)

in paragraph (a), for “the Secretary of State” substitute “ they ”;

Sch 2 para 16(4)(b)

for paragraph (b) substitute—

Sch 2 para 16(5)

For paragraph 4(2) substitute—

Sch 2 para 16(6)

In paragraph 4(3), for “the Secretary of State” substitute “ they ”.

Sch 2 para 16(7)

In paragraph 4(4), for “the Secretary of State” substitute “ they ”.

Sch 2 para 16(8)

In paragraph 5, omit sub-paragraph (4).

Sch 2 para 16(9)

In paragraph 6—

Sch 2 para 16(9)(a)

in sub-paragraph (1), omit “, with the consent of the Secretary of State,”;

Sch 2 para 16(9)(b)

in sub-paragraph (3), for the words following paragraph (b) substitute “ the Council may make provision for that person to continue to participate in that scheme, on such terms and conditions as they may determine, as if the person's service as a member were service as an employee; and any such provision shall be without prejudice to paragraph 4. ”

Sch 2 para 16(10)

In paragraph 11, omit sub-paragraph (1).

Sch 2 para 17

In Schedule 2 (disciplinary powers of Council), in paragraph 7 (supplementary provisions) for sub-paragraph (2) substitute—

Amendments to other Education Acts

Sch 2 para 18

In EA 1994, in section 18B (inspection of teacher training), in subsection (3) (advice from Chief Inspector), omit paragraph (c) (and the “or” preceding it).

Sch 2 para 19
Sch 2 para 19(1)

EA 2002 is amended as follows.

Sch 2 para 19(2)

In section 132 (qualified teacher status), omit subsection (3) (consultation of GTCE).

Sch 2 para 19(3)

In section 134 (requirement to be registered)—

Sch 2 para 19(3)(a)

in subsection (1)—

Sch 2 para 19(3)(a)(i)

after “school” insert “ in Wales ”;

Sch 2 para 19(3)(a)(ii)

after “General Teaching Council” insert “ for Wales ”;

Sch 2 para 19(3)(b)

in subsection (2), after “person” insert “ in Wales ”;

Sch 2 para 19(3)(c)

in subsection (3), after “qualified teacher” insert “ in Wales ”;

Sch 2 para 19(3)(d)

in the heading, at the end insert “ : teachers in Wales ”.

Sch 2 para 19(4)

In section 145 (specification of qualification or course), in subsection (1)(c), omit “the General Teaching Council for England,”.

Sch 2 para 19(5)

In Schedule 12 (the General Teaching Councils for England and Wales), in Part 1 (amendments to the Teaching and Higher Education Act 1998), omit paragraph 7 (amendment to section 9(1)).

Sch 2 para 20

In ESA 2008—

Sch 2 para 20(a)

in section 130 (directions prohibiting participation in management: information), in subsection (5), omit “the General Teaching Council for England,”;

Sch 2 para 20(b)

in Schedule 1 (minor and consequential amendments), in paragraph 23 (substitution of sections 167C and 167D of EA 2002), in the substituted section 167C, in subsection (5), omit “ the General Teaching Council for England, ”.

Other amendments

Sch 2 para 21

In Schedule 1 to the Public Records Act 1958 (definition of public records), in Part 2, omit “General Teaching Council for England.”

Sch 2 para 22

In Schedule 1 to the Superannuation Act 1972 (kinds of employment in relation to which superannuation schemes may be made), omit “General Teaching Council for England.”

Sch 2 para 23

In Schedule 1 to the House of Commons Disqualification Act 1975 (offices disqualifying for membership) in Part 3, omit “Any member of the General Teaching Council for England in receipt of remuneration.”

Sch 2 para 24

In section 50 of the Employment Rights Act 1996 (right to time off for public duties), in subsection (9) (definition of “relevant education body”) omit paragraph (i) (but not the “or” following it).

Sch 2 para 25

In Schedule 1 to the Freedom of Information Act 2000 (public authorities), in Part 6 omit “The General Teaching Council for England.”

Sch 2 para 26

In section 343 of the Income Tax (Earnings and Pensions) Act 2003 (deductions allowed from earnings: professional membership fees), in the Table in subsection (2), in part 7 omit paragraph (a) (fee for registration by the GTCE).

Sch 2 para 27
Sch 2 para 27(1)

The Safeguarding Vulnerable Groups Act 2006 is amended as follows.

Sch 2 para 27(2)

In section 41 (registers: duty to refer), in the table in subsection (7), in entry 1, for the entry in column 2 substitute “ The General Teaching Council for Wales ”.

Sch 2 para 27(3)

In section 45 (supervisory authorities: duty to refer), in subsection (7), after paragraph (a) insert—.

Sch 2 para 27(4)

In Schedule 3 (barred lists), in paragraph 16 (representations), in sub-paragraph (4)—

Sch 2 para 27(4)(a)

after “before” insert “ the Secretary of State in the exercise of the Secretary of State's functions under section 141B of the Education Act 2002, or in proceedings before ”;

Sch 2 para 27(4)(b)

omit paragraph (a).

Sch 2 para 27(5)

In Schedule 8 (transitional provision), in paragraph 2 (existing restrictions relating to children)—

Sch 2 para 27(5)(a)

in sub-paragraph (3), omit paragraphs (a) and (c);

Sch 2 para 27(5)(b)

in sub-paragraph (4), for “(3)(c) and (d)” substitute “ (3)(d) ”;

Sch 2 para 27(5)(c)

in sub-paragraph (7), for “(3)(c) and (d)” substitute “ (3)(d) ”.

Sch 3

Abolition of the GTCE: transfer schemes

Staff transfer schemes

Sch 3 para 1
Sch 3 para 1(1)

The Secretary of State may make a scheme (a “staff transfer scheme”) providing—

Sch 3 para 1(1)(a)

for a designated employee of the GTCE to become a member of staff of the Secretary of State (and accordingly to become employed in the civil service of the state);

Sch 3 para 1(1)(b)

so far as may be consistent with employment in the civil service of the state, for the terms and conditions of the employee's employment with the GTCE to have effect as if they were the conditions of service as a member of the Secretary of State's staff;

Sch 3 para 1(1)(c)

for the transfer to the Secretary of State of the rights, powers, duties and liabilities of the GTCE under or in connection with the employee's contract of employment;

Sch 3 para 1(1)(d)

for anything done (or having effect as if done) before that transfer by or in relation to the GTCE in respect of such a contract or the employee to be treated as having been done by or in relation to the Secretary of State.

Sch 3 para 1(2)

A staff transfer scheme may provide for a period before the employee became a member of the Secretary of State's staff to count as a period during which the employee was a member of the Secretary of State's staff (and for the operation of the scheme not to be treated as having interrupted the continuity of that period).

Sch 3 para 1(3)

A staff transfer scheme may provide for the employee not to become a member of the Secretary of State's staff if the employee gives notice objecting to the operation of the scheme in relation to the employee.

Sch 3 para 1(4)

A staff transfer scheme may provide for a person who would be treated (by an enactment or otherwise) as being dismissed by the operation of the scheme not to be so treated.

Sch 3 para 1(5)

A staff transfer scheme may provide for an employee of the GTCE to become a member of the Secretary of State's staff despite any provision, of whatever nature, which would otherwise prevent the person from being employed in the civil service of the state.

Property transfer schemes

Sch 3 para 2
Sch 3 para 2(1)

The Secretary of State may make a scheme (a “property transfer scheme”) providing for the transfer from the GTCE to the Secretary of State of designated property, rights or liabilities.

Sch 3 para 2(2)

A property transfer scheme may—

Sch 3 para 2(2)(a)

create rights, or impose liabilities, in relation to property or rights transferred by virtue of the scheme;

Sch 3 para 2(2)(b)

provide for anything done by or in relation to the GTCE in connection with any property, rights or liabilities transferred by the scheme to be treated as done, or to be continued, by or in relation to the Secretary of State;

Sch 3 para 2(2)(c)

apportion property, rights and liabilities;

Sch 3 para 2(2)(d)

make provision about the continuation of legal proceedings.

Sch 3 para 2(3)

The things that may be transferred by a property transfer scheme include—

Sch 3 para 2(3)(a)

property, rights and liabilities that could not otherwise be transferred;

Sch 3 para 2(3)(b)

property acquired, and rights and liabilities arising, after the making of the scheme.

Continuity

Sch 3 para 3

A transfer by virtue of a staff transfer scheme or a property transfer scheme does not affect the validity of anything done by or in relation to the GTCE before the transfer takes effect.

Supplementary provision etc.

Sch 3 para 4

A staff transfer scheme or a property transfer scheme may include supplementary, incidental, transitional and consequential provision.

Interpretation

Sch 3 para 5

In this Schedule—“designated”, in relation to a staff transfer scheme or a property transfer scheme, means specified in, or determined in accordance with, the scheme;“the GTCE” means the General Teaching Council for England.

Sch 4

Offence of breach of reporting restrictions: application to providers of information society services

Paragraph

After Schedule 11A to EA 2002 (inserted by section 8), insert—

Sch 5

Abolition of the TDA: consequential amendments

Public Records Act 1958 (c. 51)

Sch 5 para 1

In paragraph 3 of Schedule 1 to the Public Records Act 1958, in Part 2 of the Table (definition of public records: other establishments and organisations) omit “Training and Development Agency for Schools.” and “Teacher Training Agency.”

Parliamentary Commissioner Act 1967 (c. 13)

Sch 5 para 2

In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc subject to investigation) omit “Training and Development Agency for Schools.”

Superannuation Act 1972 (c. 11)

Sch 5 para 3

In Schedule 1 to the Superannuation Act 1972 (kinds of employment, etc, referred to in section 1 of that Act) omit “Training and Development Agency for Schools.”

House of Commons Disqualification Act 1975 (c. 24)

Sch 5 para 4

In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 (other disqualifying offices) omit the entry relating to members of the Training and Development Agency for Schools in receipt of remuneration.

Education (Fees and Awards) Act 1983 (c. 40)

Sch 5 para 5

In section 1(3) of the Education (Fees and Awards) Act 1983 (institutions in respect of which regulations may provide for differential fees), in paragraph (e), for “support under section 78 of that Act from the Training and Development Agency for Schools” substitute.

EA 1994

Sch 5 para 6

Part 1 of EA 1994 (teacher training) is amended as follows.

Sch 5 para 7

Section 11A (general duty of Secretary of State and Welsh Ministers with respect to teacher training) is repealed.

Sch 5 para 8

In section 18B (inspection of teacher training), in subsections (3) and (8), for “Training and Development Agency for Schools” substitute “ Secretary of State ”.

Sch 5 para 9

In section 18C (inspection of teacher training in Wales), in subsection (12)(b), omit “or the Training and Development Agency for Schools”.

EA 1996

Sch 5 para 10

EA 1996 is amended as follows.

Sch 5 para 11

In section 398 (no requirement of attendance at Sunday school etc), in subsection (2), for “75(5) and 96(1)” substitute “ 96(1) and 100 ”.

Sch 5 para 12

In section 450 (prohibition of charges for admission), in subsection (3), for “75(5) and 96(1)” substitute “ 96(1) and 100 ”.

Audit Commission Act 1998 (c. 18)

Sch 5 para 13

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

THEA 1998

Sch 5 para 14
Sch 5 para 14(1)

Section 26 of THEA 1998 (imposition of conditions as to fees at further or higher education institutions) is amended as follows.

Sch 5 para 14(2)

In subsection (3)—

Sch 5 para 14(2)(a)

omit “81(1), 82(1) or”;

Sch 5 para 14(2)(b)

omit paragraph (c) and the “or” preceding it;

Sch 5 para 14(2)(c)

omit “78 or”.

Sch 5 para 14(3)

In subsection (11)—

Sch 5 para 14(3)(a)

omit “or the Training and Development Agency for Schools”;

Sch 5 para 14(3)(b)

in paragraph (b), omit “or that Agency”.

Government of Wales Act 1998 (c. 38)

Sch 5 para 15
Sch 5 para 15(1)

Section 145B of the Government of Wales Act 1998 (studies at request of educational bodies) is amended as follows.

Sch 5 para 15(2)

In the Table in subsection (1), omit the entry for a training provider receiving financial support under section 78 of the Education Act 2005.

Sch 5 para 15(3)

Omit subsection (1A).

Sch 5 para 15(4)

In subsection (2), for “Subsections (1) and (1A) do” substitute “ Subsection (1) does ”.

Sch 5 para 15(5)

In subsection (3), omit “or (1A)”.

Freedom of Information Act 2000 (c. 36)

Sch 5 para 16

In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public bodies and offices: general) omit “The Teacher Training Agency.” and “The Training and Development Agency for Schools.”

EA 2002

Sch 5 para 17

In section 145 of EA 2002 (specification of qualification or course)—

Sch 5 para 17(a)

in subsection (1)(c), omit “the Training and Development Agency for Schools,”;

Sch 5 para 17(b)

in subsection (3), omit “the Training and Development Agency for Schools or”.

HEA 2004

Sch 5 para 18

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 5 para 19

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 5 para 20

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Sch 5 para 21

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Sch 5 para 22

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Sch 5 para 23

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Sch 5 para 24

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Sch 5 para 25

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 5 para 26

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 5 para 27

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 5 para 28

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 5 para 29

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

EA 2005

Sch 5 para 30

EA 2005 is amended as follows.

Sch 5 para 31

Section 99 (introduction of Schedule 15) is repealed.

Sch 5 para 32

In Schedule 14 (amendments relating to training of school workforce), omit paragraphs 1 to 4, 8, 19(4)(b), 21(3) to (5), 22, 24, 25, 28(5), 29(b) and 32 to 34.

Sch 5 para 33

Schedule 15 (transitional and transitory provisions relating to Part 3) is repealed.

Sch 6

Abolition of the TDA: transfer schemes

Staff transfer schemes

Sch 6 para 1
Sch 6 para 1(1)

The Secretary of State may make a scheme (a “staff transfer scheme”) providing—

Sch 6 para 1(1)(a)

for a designated employee of the TDA to become a member of staff of the Secretary of State (and accordingly to become employed in the civil service of the state);

Sch 6 para 1(1)(b)

so far as may be consistent with employment in the civil service of the state, for the terms and conditions of the employee's employment with the TDA to have effect as if they were the conditions of service as a member of the Secretary of State's staff;

Sch 6 para 1(1)(c)

for the transfer to the Secretary of State of the rights, powers, duties and liabilities of the TDA under or in connection with the employee's contract of employment;

Sch 6 para 1(1)(d)

for anything done (or having effect as if done) before that transfer by or in relation to the TDA in respect of such a contract or the employee to be treated as having been done by or in relation to the Secretary of State.

Sch 6 para 1(2)

A staff transfer scheme may provide for a period before the employee became a member of the Secretary of State's staff to count as a period during which the employee was a member of the Secretary of State's staff (and for the operation of the scheme not to be treated as having interrupted the continuity of that period).

Sch 6 para 1(3)

A staff transfer scheme may provide for the employee not to become a member of the Secretary of State's staff if the employee gives notice objecting to the operation of the scheme in relation to the employee.

Sch 6 para 1(4)

A staff transfer scheme may provide for a person who would be treated (by an enactment or otherwise) as being dismissed by the operation of the scheme not to be so treated.

Sch 6 para 1(5)

A staff transfer scheme may provide for an employee of the TDA to become a member of the Secretary of State's staff despite any provision, of whatever nature, which would otherwise prevent the person from being employed in the civil service of the state.

Property transfer schemes

Sch 6 para 2
Sch 6 para 2(1)

The Secretary of State may make a scheme (a “property transfer scheme”) providing for the transfer from the TDA to the Secretary of State of designated property, rights or liabilities.

Sch 6 para 2(2)

A property transfer scheme may—

Sch 6 para 2(2)(a)

create rights, or impose liabilities, in relation to property or rights transferred by virtue of the scheme;

Sch 6 para 2(2)(b)

provide for anything done by or in relation to the TDA in connection with any property, rights or liabilities transferred by the scheme to be treated as done, or to be continued, by or in relation to the Secretary of State;

Sch 6 para 2(2)(c)

apportion property, rights and liabilities;

Sch 6 para 2(2)(d)

make provision about the continuation of legal proceedings.

Sch 6 para 2(3)

The things that may be transferred by a property transfer scheme include—

Sch 6 para 2(3)(a)

property, rights and liabilities that could not otherwise be transferred;

Sch 6 para 2(3)(b)

property acquired, and rights and liabilities arising, after the making of the scheme.

Continuity

Sch 6 para 3

A transfer by virtue of a staff transfer scheme or a property transfer scheme does not affect the validity of anything done by or in relation to the TDA before the transfer takes effect.

Supplementary provision etc.

Sch 6 para 4

A staff transfer scheme or a property transfer scheme may include supplementary, incidental, transitional and consequential provision.

Interpretation

Sch 6 para 5

In this Schedule—“designated”, in relation to a staff transfer scheme or a property transfer scheme, means specified in, or determined in accordance with, the scheme;“the TDA” means the Training and Development Agency for Schools.

Sch 7

The Chief Regulator of Qualifications and Examinations

Amendments to Schedule 9 to ASCLA 2009

Sch 7 para 1

Schedule 9 to ASCLA 2009 (the Office of Qualifications and Examinations Regulation) is amended as follows.

Sch 7 para 2
Sch 7 para 2(1)

Paragraph 2 (membership) is amended as follows.

Sch 7 para 2(2)

In sub-paragraph (1)—

Sch 7 para 2(2)(a)

before paragraph (a), insert—;

Sch 7 para 2(2)(b)

in paragraph (a), for “Her Majesty by Order in Council to chair Ofqual,” substitute “ the Secretary of State to chair Ofqual (“the chair”), and ”;

Sch 7 para 2(2)(c)

omit paragraph (c) and the “and” immediately before it.

Sch 7 para 2(3)

In sub-paragraph (2), for “to chair” substitute “ as the chief executive of ”;

Sch 7 para 2(4)

In sub-paragraphs (3) to (6), for “Chief Regulator”, wherever occurring, substitute “ chair ”.

Sch 7 para 3
Sch 7 para 3(1)

Paragraph 3 (the Chief Regulator) is amended as follows.

Sch 7 para 3(2)

In sub-paragraph (6), for “Chief Regulator” substitute “ the chief executive of Ofqual (whether before or after the relevant commencement date) ”.

Sch 7 para 3(3)

After sub-paragraph (6) insert—

Sch 7 para 4

After paragraph 3 insert—

Sch 7 para 5

In paragraph 4 (the deputy and other ordinary members: tenure), in sub-paragraphs (7) to (11), for “Chief Regulator”, wherever occurring, substitute “ chair ”.

Sch 7 para 6

In the heading before paragraph 5, for “Chief Regulator and ordinary members” substitute “ members ”.

Sch 7 para 7
Sch 7 para 7(1)

Paragraph 5 (remuneration of members of Ofqual) is amended as follows.

Sch 7 para 7(2)

In sub-paragraph (1), for “Chief Regulator and any of the ordinary members” substitute “ members of Ofqual ”.

Sch 7 para 7(3)

In sub-paragraph (2), for “current or former Chief Regulator or” substitute “ person who is or has been the chair or an ”.

Sch 7 para 7(4)

In sub-paragraph (3), for “Chief Regulator or an ordinary member” substitute “ a member of Ofqual ”.

Sch 7 para 7(5)

In sub-paragraph (4), for “this paragraph” substitute “ sub-paragraph (1), (2) or (3) ”.

Sch 7 para 7(6)

After sub-paragraph (4) insert—

Sch 7 para 8

For the heading before paragraph 6 substitute “ Staff ”.

Sch 7 para 9
Sch 7 para 9(1)

Paragraph 6 (staff of Ofqual) is amended as follows.

Sch 7 para 9(2)

Omit sub-paragraphs (1) to (3).

Sch 7 para 9(3)

In sub-paragraphs (4) and (5)(a), omit “other”.

Consequential amendments

Sch 7 para 10

In Schedule 1 to the Superannuation Act 1972 (kinds of employment, etc, referred to in section 1 of that Act), under the heading “Offices” at the appropriate place insert “ The Chief Regulator of Qualifications and Examinations. ”

Sch 7 para 11

In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 (other disqualifying offices), after “The Chief Regulator of Qualifications and Examinations” insert “ , the chair of the Office of Qualifications and Examinations Regulation ”.

Sch 7 para 12

In Part 3 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (other disqualifying offices), after “The Chief Regulator of Qualifications and Examinations” insert “ , the chair of the Office of Qualifications and Examinations Regulation ”.

Sch 8

Abolition of the QCDA: consequential amendments

Public Records Act 1958 (c. 51)

Sch 8 para 1

In paragraph 3 of Schedule 1 to the Public Records Act 1958, in Part 2 of the Table (definition of public records: other establishments and organisations) omit “Qualifications and Curriculum Development Agency.”

Parliamentary Commissioner Act 1967 (c. 13)

Sch 8 para 2

In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc subject to investigation) omit “Qualifications and Curriculum Development Agency.”

Superannuation Act 1972 (c. 11)

Sch 8 para 3

In Schedule 1 to the Superannuation Act 1972 (kinds of employment, etc, referred to in section 1 of that Act) omit “The Qualifications and Curriculum Development Agency.”

House of Commons Disqualification Act 1975 (c. 24)

Sch 8 para 4

In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 (other disqualifying offices) omit the entry relating to members of the Qualifications and Curriculum Development Agency in receipt of remuneration.

EA 1996

Sch 8 para 5

EA 1996 is amended as follows.

Sch 8 para 6

In section 391 (functions of religious education advisory councils) for subsection (10) substitute—

Sch 8 para 7

In section 408(1)(a) (provision of information relevant for particular purposes) for “Parts 7 and 8” substitute “ Part 7 ”.

EA 1997

Sch 8 para 8

Section 35 of EA 1997 (transfer of staff to QCDA) is repealed.

LSA 2000

Sch 8 para 9

In section 98 of LSA 2000 (approved qualifications: England), in subsections (7) and (8), omit “the Qualifications and Curriculum Development Agency or”.

Freedom of Information Act 2000 (c. 36)

Sch 8 para 10

In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public bodies and offices: general) omit “The Qualifications and Curriculum Development Agency.”

EA 2002

Sch 8 para 11

EA 2002 is amended as follows.

Sch 8 para 12

In section 85(9) (curriculum requirements for the fourth key stage: duty to have regard to guidance) for “Qualifications and Curriculum Development Agency” substitute “ Secretary of State ”.

Sch 8 para 13

In section 87(7) (establishment of the National Curriculum for England by order: persons on whom assessment arrangements order may confer or impose functions) omit paragraph (c) (but not the “and” immediately after it).

Sch 8 para 14
Sch 8 para 14(1)

Section 90 (development work and experiments) is amended as follows.

Sch 8 para 14(2)

In subsection (3)—

Sch 8 para 14(2)(a)

after paragraph (a) insert “ or ”;

Sch 8 para 14(2)(b)

omit paragraph (c) (and the “or” immediately before it).

Sch 8 para 14(3)

In subsection (4) omit the words after “by the governing body”.

Sch 8 para 14(4)

In subsection (5), for paragraph (b) substitute—

Sch 8 para 14(5)

In subsection (5A) for “the reviewing body” substitute “ a person designated for the purposes of this subsection by the Secretary of State ”.

Sch 8 para 14(6)

Omit subsection (5B).

Sch 8 para 14(7)

In subsection (5C) for “subsection (5B)” substitute “ subsection (5)(b) or (5A) ”.

Sch 8 para 15

For section 96 substitute—

Childcare Act 2006 (c. 21)

Sch 8 para 16

The Childcare Act 2006 is amended as follows.

Sch 8 para 17

In section 42(2) (persons on whom order specifying assessment arrangements may confer or impose functions) omit paragraph (d) (but not the “and” immediately after it).

Sch 8 para 18
Sch 8 para 18(1)

Section 46 (power to enable exemptions from learning and development requirements to be conferred) is amended as follows.

Sch 8 para 18(2)

In subsection (1B) for “the reviewing body” substitute “ a person designated by the Secretary of State for the purposes of this subsection ”.

Sch 8 para 18(3)

Omit subsection (1C).

Sch 8 para 18(4)

In subsection (1D) for “subsection (1C)” substitute “ subsection (1B) ”.

EIA 2006

Sch 8 para 19

EIA 2006 is amended as follows.

Sch 8 para 20

In section 74(1) (curriculum requirements for the fourth key stage)—

Sch 8 para 20(a)

in the new section 85 to be inserted into EA 2002, in subsection (6) for “Qualifications and Curriculum Authority” substitute “ Secretary of State ”;

Sch 8 para 20(b)

in the new section 85A to be inserted into that Act, in subsection (5) omit “or the Qualifications and Curriculum Authority”.

Safeguarding Vulnerable Groups Act 2006 (c. 47)

Sch 8 para 21

In section 21(10) of the Safeguarding Vulnerable Groups Act 2006 (controlled activity relating to children) omit paragraph (d).

ASCLA 2009

Sch 8 para 22

ASCLA 2009 is amended as follows.

Sch 8 para 23

In section 129(4) (persons who provide information to which Ofqual required to have regard) omit paragraph (a).

Sch 8 para 24

Section 173 and Schedule 10 (QCDA staff and property transfer schemes) are repealed.

Sch 8 para 25

In paragraph 8 of Schedule 5 (learning aims for persons aged 19 or over: persons who provide advice or information to which Secretary of State may have regard) omit paragraph (b) (but not the “or” immediately after it).

Sch 8 para 26

In consequence of the amendments made by the other provisions of this Schedule, in Schedule 12 (Ofqual and the QCDA: minor and consequential amendments), omit the following provisions: paragraphs 1, 2(3), 3, 4, 5(2), 7, 10, 20, 30, 33, 34, 36(2), 37 and 43.

Sch 9

Abolition of the QCDA: transfer schemes

Staff transfer schemes

Sch 9 para 1
Sch 9 para 1(1)

The Secretary of State may make a scheme (a “staff transfer scheme”) providing—

Sch 9 para 1(1)(a)

for a designated employee of the QCDA to become a member of staff of Ofqual or the Secretary of State (“the Crown employer”) (and accordingly to become employed in the civil service of the state);

Sch 9 para 1(1)(b)

so far as may be consistent with employment in the civil service of the state, for the terms and conditions of the employee's employment with the QCDA to have effect as if they were the conditions of service as a member of the Crown employer's staff;

Sch 9 para 1(1)(c)

for the transfer to the Crown employer of the rights, powers, duties and liabilities of the QCDA under or in connection with the employee's contract of employment;

Sch 9 para 1(1)(d)

for anything done (or having effect as if done) before that transfer by or in relation to the QCDA in respect of such a contract or the employee to be treated as having been done by or in relation to the Crown employer.

Sch 9 para 1(2)

A staff transfer scheme may provide for a period before the employee became a member of the Crown employer's staff to count as a period during which the employee was a member of the Crown employer's staff (and for the operation of the scheme not to be treated as having interrupted the continuity of that period).

Sch 9 para 1(3)

A staff transfer scheme may provide for the employee not to become a member of the Crown employer's staff if the employee gives notice objecting to the operation of the scheme in relation to the employee.

Sch 9 para 1(4)

A staff transfer scheme may provide for a person who would be treated (by an enactment or otherwise) as being dismissed by the operation of the scheme not to be so treated.

Sch 9 para 1(5)

A staff transfer scheme may provide for an employee of the QCDA to become a member of the Crown employer's staff despite any provision, of whatever nature, which would otherwise prevent the person from being employed in the civil service of the state.

Property transfer schemes

Sch 9 para 2
Sch 9 para 2(1)

The Secretary of State may make a scheme (a “property transfer scheme”) providing for the transfer from the QCDA of designated property, rights or liabilities of the QCDA to Ofqual or the Secretary of State.

Sch 9 para 2(2)

A property transfer scheme may—

Sch 9 para 2(2)(a)

create rights, or impose liabilities, in relation to property or rights transferred by virtue of the scheme;

Sch 9 para 2(2)(b)

provide for anything done by or in relation to the QCDA in connection with any property, rights or liabilities transferred by the scheme to be treated as done, or to be continued, by or in relation to the person to whom the property, rights or liabilities in question are transferred;

Sch 9 para 2(2)(c)

apportion property, rights and liabilities;

Sch 9 para 2(2)(d)

make provision about the continuation of legal proceedings.

Sch 9 para 2(3)

The things that may be transferred by a property transfer scheme include—

Sch 9 para 2(3)(a)

property, rights and liabilities that could not otherwise be transferred;

Sch 9 para 2(3)(b)

property acquired, and rights and liabilities arising, after the making of the scheme.

Continuity

Sch 9 para 3

A transfer by virtue of a staff transfer scheme or a property transfer scheme does not affect the validity of anything done by or in relation to the QCDA before the transfer takes effect.

Supplementary provision etc.

Sch 9 para 4

A staff transfer scheme or a property transfer scheme may include supplementary, incidental, transitional and consequential provision.

Interpretation

Sch 9 para 5

In this Schedule—“designated”, in relation to a staff transfer scheme or a property transfer scheme, means specified in, or determined in accordance with, the scheme;“Ofqual” means the Office of Qualifications and Examinations Regulation;“the QCDA” means the Qualifications and Curriculum Development Agency.

Sch 10

School admissions: consequential amendments

Amendments consequential on the amendments to section 85A (admission forums)

Sch 10 para 1
Sch 10 para 1(1)

Part 3 of SSFA 1998 (school admissions) is amended as follows.

Sch 10 para 1(2)

Section 85B (functions of admission forums in relation to Academies) is repealed.

Sch 10 para 1(3)

In section 88F (sections 88C to 88E: supplementary), in subsection (3), omit paragraph (f) (but not the “and” following it).

Sch 10 para 1(4)

In section 88Q (reports under section 88P: provision of information), in subsection (2), omit paragraph (b).

Sch 10 para 2

In EA 2002, section 66 (insertion of section 85B of SSFA 1998: admissions forums in relation to Academies) is repealed.

Sch 10 para 3

In EIA 2006, in section 41 (role of admissions forums), omit subsections (1) to (6) (amendments to section 85A of SSFA 1998).

Amendments consequential on the repeal of section 88J of SSFA 1998 (school adjudicators)

Sch 10 para 4
Sch 10 para 4(1)

Part 3 of SSFA 1998 (school admissions) is amended as follows.

Sch 10 para 4(2)

In section 88K (sections 88H to 88J: supplementary)—

Sch 10 para 4(2)(a)

in subsection (1)—

Sch 10 para 4(2)(a)(i)

at the end of paragraph (a), insert “ or ”;

Sch 10 para 4(2)(a)(ii)

omit paragraph (c) (and the “or” preceding it);

Sch 10 para 4(2)(b)

for subsection (3), substitute—;

Sch 10 para 4(2)(c)

in subsection (4)(a)(ii), for “to 88J” substitute “ , 88I ”;

Sch 10 para 4(2)(d)

in subsection (5), for “sections 88I and 88J” substitute “ section 88I ”;

Sch 10 para 4(2)(e)

in the heading, for “to 88J” substitute “ and 88I ”.

Sch 10 para 4(3)

Section 88L (restriction on alteration of admission arrangements following adjudicator's decision) is repealed.

Sch 11

Establishment of new schools

Amendments to Part 2 of EIA 2006

Sch 11 para 1

Part 2 of EIA 2006 (establishment, discontinuance and alteration of schools) is amended as follows.

Sch 11 para 2

Before section 7 insert—

Sch 11 para 3

In section 7 (invitation for proposals for establishment of new schools)—

Sch 11 para 3(a)

in subsection (1), after “may” insert “ with the consent of the Secretary of State ”;

Sch 11 para 3(b)

in subsection (5), omit paragraph (b) and the “and” immediately before it;

Sch 11 para 3(c)

omit subsection (5A);

Sch 11 para 3(d)

in subsection (6), insert “ and ” at the end of paragraph (a) and omit paragraph (c) and the “and” immediately before it.

Sch 11 para 4

After section 7 insert—

Sch 11 para 5

Section 8 (proposals under section 7 relating to community or community special schools) is repealed.

Sch 11 para 6
Sch 11 para 6(1)

Section 10 (publication of proposals with consent of Secretary of State) is amended as follows.

Sch 11 para 6(2)

In subsection (1), for the words from “(otherwise” to the end substitute

Sch 11 para 6(3)

In subsection (2)—

Sch 11 para 6(3)(a)

after “voluntary” insert “ controlled ”;

Sch 11 para 6(3)(b)

in paragraph (b), for “(2)(b) or (c)” substitute “ (2) ”.

Sch 11 para 7
Sch 11 para 7(1)

Section 11 (publication of proposals to establish maintained schools: special cases) is amended as follows.

Sch 11 para 7(2)

Before subsection (1) insert—

Sch 11 para 7(3)

After subsection (1) insert—

Sch 11 para 7(4)

In subsection (2)—

Sch 11 para 7(4)(a)

after “voluntary” insert “ controlled ”;

Sch 11 para 7(4)(b)

before paragraph (b) insert—.

Sch 11 para 7(5)

After subsection (2) insert—

Sch 11 para 7(6)

In subsection (3), after “voluntary” insert “ controlled ”.

Sch 11 para 7(7)

In subsection (7), after “subsection” insert “ (1A) or ”.

Sch 11 para 7(8)

For subsection (9) substitute—

Sch 11 para 8

In section 11A(1) (restriction on power of governing body to make proposals), for “11(2)” substitute “ 11(1A) or (2) ”.

Sch 11 para 9

In section 12 (establishment of school as a federated school), in subsection (1), after “new” insert “ maintained ”.

Sch 11 para 10
Sch 11 para 10(1)

Schedule 2 (consideration, approval and implementation of proposals for establishment or discontinuance of schools in England) is amended as follows.

Sch 11 para 10(2)

After paragraph 3 insert—

Sch 11 para 10(3)

In paragraph 4(a) (references to persons by whom proposals under section 7 are made), omit “or in the case of proposals published by the relevant authority under subsection (5)(b) of that section, by the relevant authority,”.

Sch 11 para 10(4)

In paragraph 5(b) (requirement to forward objections and comments made in relation to proposals)—

Sch 11 para 10(4)(a)

for “referred to” substitute “ to be considered by the Secretary of State or ”;

Sch 11 para 10(4)(b)

after “forward to” insert “ the Secretary of State or (as the case may be) ”.

Sch 11 para 10(5)

In the heading to Part 2, omit “by Local Authority or Adjudicator”.

Sch 11 para 10(6)

For the heading before paragraph 6 substitute “ Consideration of proposals ”.

Sch 11 para 10(7)

Before paragraph 6 insert—

Sch 11 para 10(8)

In paragraph 6 (proposals under section 7, 10 or 11 requiring consideration under paragraph 8), omit “7,”.

Sch 11 para 10(9)

After paragraph 7 insert—

Sch 11 para 10(10)

Omit the heading before paragraph 8.

Sch 11 para 10(11)

In paragraph 9 (consideration of proposals that are related to other proposals), for sub-paragraph (2) substitute—

Sch 11 para 10(12)

In paragraph 10(1) (duty to refer to adjudicator certain proposals made by or involving relevant authority), for paragraph (a) substitute—.

Sch 11 para 10(13)

In paragraph 12 (duty to refer proposals to adjudicator in pursuance of direction of Secretary of State)—

Sch 11 para 10(13)(a)

in sub-paragraph (1)(a)—

Sch 11 para 10(13)(a)(i)

after “section 7” insert “ and which require consideration under paragraph 8 ”;

Sch 11 para 10(13)(a)(ii)

after “determined by the authority” insert “ under that paragraph ”;

Sch 11 para 10(13)(b)

in sub-paragraph (1)(b), after “that section” insert “ and which require consideration under paragraph 8, ”;

Sch 11 para 10(13)(c)

omit sub-paragraphs (2) and (3).

Sch 11 para 10(14)

In paragraph 13 (duty to refer proposals to adjudicator where determination delayed), in paragraph (a), after “section 7” insert “ and which require consideration under paragraph 8 ”.

Sch 11 para 10(15)

Omit paragraph 18 and the heading before it (consultation in respect of proposals to establish Academy).

Sch 11 para 10(16)

In paragraph 19(4) (determination whether or not to implement proposals under section 15 not requiring consideration under paragraph 8)—

Sch 11 para 10(16)(a)

after paragraph (a) insert—;

Sch 11 para 10(16)(b)

in paragraph (b), omit “7,”.

Sch 11 para 10(17)

Omit paragraph 27 (proposals relating to Academy: implementation).

Other amendments

Sch 11 para 11

In Schedule 2 to AA 2010 (Academies: amendments), omit paragraph 22.

Sch 12

Further education institutions: amendments

Amendments to FHEA 1992

Sch 12 para 1

FHEA 1992 is amended as follows.

Sch 12 para 2

After section 16 insert—

Sch 12 para 3
Sch 12 para 3(1)

Section 19 (supplementary powers of further education corporations) is amended as follows.

Sch 12 para 3(2)

In subsection (4)(c), for “27” substitute “ 27C or 33P ”.

Sch 12 para 3(3)

In subsection (4A), after “exercised” insert“ by a further education corporation in Wales ”.

Sch 12 para 3(4)

In subsection (4AA), after “exercised” insert“ by a further education corporation in Wales ”.

Sch 12 para 3(5)

In subsection (4AB), for “appropriate authority consents” substitute“ Welsh Ministers consent ”.

Sch 12 para 3(6)

Omit subsection (4AC).

Sch 12 para 3(7)

In subsection (4B)—

Sch 12 para 3(7)(a)

after “exercised” insert“ by a further education corporation in Wales ”;

Sch 12 para 3(7)(b)

omit “the Chief Executive of Skills Funding or”.

Sch 12 para 3(8)

In subsection (4C), omit “the Chief Executive or” and “(as the case may be)”.

Sch 12 para 3(9)

In subsection (5)—

Sch 12 para 3(9)(a)

after “exercised” insert“ by a further education corporation in Wales ”;

Sch 12 para 3(9)(b)

for “appropriate body” substitute“ Welsh Ministers ”.

Sch 12 para 4

Section 19A (duty in relation to promotion of well-being of local area) is repealed.

Sch 12 para 5

In section 20 (constitution of further education corporation and conduct of further education institution), for subsection (2) substitute—

Sch 12 para 6

For section 22 substitute—

Sch 12 para 7

For section 27 substitute—

Sch 12 para 8

For section 29 substitute—

Sch 12 para 9

In section 30 (special provision for certain institutions), in subsection (1) for “section 29” substitute “ sections 29 to 29C ”.

Sch 12 para 10

In section 31 (designated institutions conducted by companies), omit subsection (2A)(a).

Sch 12 para 11
Sch 12 para 11(1)

Section 33C (establishment of new bodies corporate as sixth form college corporations) is amended as follows.

Sch 12 para 11(2)

In subsection (2), for “the responsible local authority” substitute “ a person or body (“the proposer”) ”.

Sch 12 para 11(3)

In subsection (3)(a), for “authority have” substitute “ proposer has ”.

Sch 12 para 11(4)

In subsection (3)(c)—

Sch 12 para 11(4)(a)

for “authority have” substitute “ proposer has ”;

Sch 12 para 11(4)(b)

for “them” substitute “ the proposer ”.

Sch 12 para 12

In section 33E (principal powers of a sixth form college corporation), in subsection (2), after “subsection (1)” insert “ and (in the case of a sixth form college corporation to which section 33J applies) section 33J(1A) ”.

Sch 12 para 13

In section 33F (supplementary powers of a sixth form college corporation)—

Sch 12 para 13(a)

in subsection (6)(e)(ii), for “27” substitute “ 27C or 33P ”;

Sch 12 para 13(b)

omit subsection (7);

Sch 12 para 13(c)

in subsection (10), omit “or section 33G”.

Sch 12 para 14

Section 33G (restrictions on exercise of supplementary powers of sixth form college corporations) is repealed.

Sch 12 para 15

Section 33H (duty in relation to promotion of well-being of local area) is repealed.

Sch 12 para 16

In section 33I(2) (instrument and articles of government of sixth form college corporations)—

Sch 12 para 16(a)

in paragraph (a), after “requirements of” insert“ Part 2 of ”;

Sch 12 para 16(b)

for paragraph (b) substitute—

Sch 12 para 17
Sch 12 para 17(1)

Section 33J (special provision for certain institutions) is amended as follows.

Sch 12 para 17(2)

After subsection (1) insert—

Sch 12 para 17(3)

In subsection (3)—

Sch 12 para 17(3)(a)

for “reference in subsection (1)(a) to the established character of a sixth form college is” substitute “ references in subsections (1)(a) and (1A) to the established character of a sixth form college are ”;

Sch 12 para 17(3)(b)

for “a reference” substitute “ references ”.

Sch 12 para 18

In section 33K (instrument and articles of new sixth form college corporation)—

Sch 12 para 18(a)

in subsection (1), for “YPLA” substitute “ Secretary of State by order ”;

Sch 12 para 18(b)

for subsection (2) substitute—

Sch 12 para 19

For section 33L substitute—

Sch 12 para 20

For section 33N substitute—

Sch 12 para 21

In section 38 (payments in respect of loan liabilities), in subsection (2), for “YPLA” in both places substitute “ Secretary of State ”.

Sch 12 para 22

Section 49A (guidance about consultation with students and employees), as it has effect in relation to England, is repealed.

Sch 12 para 23

Section 51 (publication of proposals) is repealed.

Sch 12 para 24

In section 53 (inspection of accounts), in subsection (2)—

Sch 12 para 24(a)

after “section 15ZA” insert “ or 18A ”;

Sch 12 para 24(b)

omit “61 or”.

Sch 12 para 25
Sch 12 para 25(1)

Section 56A (intervention by Chief Executive of Skills Funding) is amended as follows.

Sch 12 para 25(2)

In subsection (1), for the words from “Chief Executive of Skills Funding” to “Executive”)” substitute “ Secretary of State ”.

Sch 12 para 25(3)

In subsection (3), for “Chief Executive” substitute “ Secretary of State ”.

Sch 12 para 25(4)

Omit subsection (4).

Sch 12 para 25(5)

In subsections (5) and (6), for “Chief Executive”, wherever occurring, substitute “ Secretary of State ”.

Sch 12 para 25(6)

In subsection (7), after “include” insert “ — (a) ” and at the end insert—

Sch 12 para 25(7)

For subsection (9) substitute—

Sch 12 para 25(8)

Omit subsection (10).

Sch 12 para 26

Section 56AA (appointment by Chief Executive of Skills Funding of members of governing body of further education institution) is repealed.

Sch 12 para 27

Section 56B (intervention policy: England) is repealed.

Sch 12 para 28

Section 56C (directions) is repealed.

Sch 12 para 29

Section 56D (notification by local authority or YPLA of possible grounds for intervention) is repealed.

Sch 12 para 30
Sch 12 para 30(1)

Section 56E (intervention by local authority) is amended as follows.

Sch 12 para 30(2)

In subsection (1), for “responsible local authority are” substitute “ Secretary of State is ”.

Sch 12 para 30(3)

In subsection (3), for “authority” substitute “ Secretary of State ”.

Sch 12 para 30(4)

For subsection (4) substitute—

Sch 12 para 30(5)

In subsection (5)—

Sch 12 para 30(5)(a)

for “authority do one or more of those things, the authority” substitute “ Secretary of State does one or more of the things listed in subsection (6), the Secretary of State ”;

Sch 12 para 30(5)(b)

in paragraph (a), for “authority are” substitute “ Secretary of State is ”;

Sch 12 para 30(5)(c)

in paragraph (b), for “authority have” substitute “ Secretary of State has ”.

Sch 12 para 30(6)

In subsection (6)—

Sch 12 para 30(6)(a)

for “The authority” substitute “ The Secretary of State ”;

Sch 12 para 30(6)(b)

in paragraph (c), for “authority think” substitute “ Secretary of State thinks ”.

Sch 12 para 30(7)

In subsection (7), after “include” insert “ — (a) ” and at the end insert—

Sch 12 para 30(8)

For subsection (9) substitute—

Sch 12 para 30(9)

Omit subsection (10).

Sch 12 para 30(10)

In the heading, for “local authorities” substitute “ Secretary of State ”.

Sch 12 para 31

Section 56F (appointment by local authorities of members of sixth form college governing body) is repealed.

Sch 12 para 32

Section 56G (intervention policy: sixth form colleges) is repealed.

Sch 12 para 33

Section 56H (intervention by YPLA) is repealed.

Sch 12 para 34

Section 56I (appointment by YPLA of members of sixth form college governing body) is repealed.

Sch 12 para 35

Section 56J (notification by Chief Executive of Skills Funding of possible grounds for intervention) is repealed.

Sch 12 para 36
Sch 12 para 36(1)

Section 82 (joint exercise of functions) is amended as follows.

Sch 12 para 36(2)

For subsection (1) substitute—

Sch 12 para 36(3)

In subsection (2), for the words from the beginning to “provision” substitute “ A relevant authority must, if directed to do so by the Secretary of State, make provision jointly with another relevant authority or with the Secretary of State ”.

Sch 12 para 36(4)

In subsection (3)(a) omit “the YPLA,”.

Sch 12 para 37

In section 83 (efficiency studies), in the table in subsection (1B), for “YPLA” substitute “ Secretary of State ”.

Sch 12 para 38

In section 88 (stamp duty)—

Sch 12 para 38(a)

for “27” substitute “ 27B, 27C ”;

Sch 12 para 38(b)

for “33N” substitute “ 33P ”.

Sch 12 para 39

In section 88A (stamp duty land tax)—

Sch 12 para 39(a)

for “27” substitute “ 27B, 27C ”;

Sch 12 para 39(b)

for “33N” substitute “ 33P ”.

Sch 12 para 40
Sch 12 para 40(1)

Section 89 (orders, regulations and directions) is amended as follows.

Sch 12 para 40(2)

In subsection (2)—

Sch 12 para 40(2)(a)

for “22, 29(6) and (8)” substitute “ 22ZA(1) and (4), 29A(3)(c), 29C(4) ”;

Sch 12 para 40(2)(b)

after “33A(5)(b)” insert “ 33J(2), 33K(1), ”;

Sch 12 para 40(2)(c)

omit “or section 33L”.

Sch 12 para 40(3)

In subsection (3), after “subsection (3A)” insert “ or (3B) ”.

Sch 12 para 40(4)

After subsection (3A) insert—

Sch 12 para 41
Sch 12 para 41(1)

Section 90 (interpretation) is amended as follows.

Sch 12 para 41(2)

In subsection (1)—

Sch 12 para 41(2)(a)

after the definition of “further education” insert—;

Sch 12 para 41(2)(b)

omit the definitions of “the responsible local authority” and “the YPLA”.

Sch 12 para 41(3)

Omit subsection (2ZA).

Sch 12 para 42

In section 92 (index)—

Sch 12 para 42(a)

after the entry for “further education corporation” insert—

Sch 12 para 42(b)

omit the entries for “responsible local authority” and “the YPLA”.

Sch 12 para 43

For Schedule 4 substitute—

Other amendments

Sch 12 para 44
Sch 12 para 44(1)

LSA 2000 is amended as follows.

Sch 12 para 44(2)

In section 110 (secondary education), in subsection (5), for “51(3A)” substitute “ 16A(2) ”.

Sch 12 para 44(3)

In section 143 (further education sector: designated institutions), in subsection (6)(b), for “section 29” substitute “ any of sections 29 to 29C ”.

Sch 12 para 45

In section 22 of the Further Education and Training Act 2007 (consultation of further education institutions), in the new section 49A to be inserted into FHEA 1992 in relation to Wales—

Sch 12 para 45(a)

in subsection (1)—

Sch 12 para 45(a)(i)

after “further education sector” insert“ in Wales ”;

Sch 12 para 45(a)(ii)

for “appropriate authority” substitute“ Welsh Ministers ”;

Sch 12 para 45(b)

omit subsection (3).

Sch 12 para 46
Sch 12 para 46(1)

ASCLA 2009 is amended as follows.

Sch 12 para 46(2)

In section 256 (further education corporations in England: co-operation and promotion of well-being), omit subsection (3).

Sch 12 para 46(3)

In Schedule 6 (dissolution of the Learning and Skills Council for England: minor and consequential amendments), omit paragraphs 3(2), 4(a), 5(a), 7(2), (3), (4)(b), (5)(a), (6) and (7), 8 to 11 and 12(a).

Sch 12 para 46(4)

In Schedule 8 (sixth form college sector), omit paragraphs 7 and 11(3).

Sch 13

16 to 19 Academies and alternative provision Academies: consequential amendments

AA 2010

Sch 13 para 1

AA 2010 is amended as follows.

Sch 13 para 2

In section 4(3) (Academy orders: when maintained school is “converted into” Academy) for “a school” substitute “ an educational institution ”.

Sch 13 para 3
Sch 13 para 3(1)

Section 6 (effect of Academy order) is amended as follows.

Sch 13 para 3(2)

In subsection (2), for “a school” substitute “ an educational institution ”.

Sch 13 para 3(3)

In subsection (3) —

Sch 13 para 3(3)(a)

after “selective school” insert “ and is to be converted into an Academy school ”;

Sch 13 para 3(3)(b)

for “section 1(6)(c)” substitute “ section 1A(1)(c) ”;

Sch 13 para 3(3)(c)

for “a school” substitute “ an educational institution ”.

Sch 13 para 3(4)

In subsection (5)—

Sch 13 para 3(4)(a)

at the beginning insert “ If the Academy is an Academy school, ”;

Sch 13 para 3(4)(b)

for “the Academy” substitute “ it ”.

Sch 13 para 3(5)

In subsection (7), after “the school” insert “ (a) ” and at the end insert “, and

Sch 13 para 4

In section 10A (charges at boarding Academies) (inserted by section 61), in subsection (1)(a), for “an Academy” substitute “ an Academy school or an alternative provision Academy ”.

Sch 13 para 5
Sch 13 para 5(1)

Schedule 1 (Academies: land) (substituted by Schedule 14) is amended as follows.

Sch 13 para 5(2)

In paragraph 10 (power of Secretary of State to make direction where Academy order made)—

Sch 13 para 5(2)(a)

in sub-paragraph (1)(b), for “Academy” substitute “ Academy school ”;

Sch 13 para 5(2)(b)

in sub-paragraph (3)(c), for “Academy” substitute “ Academy school ”.

Sch 13 para 5(3)

In paragraph 13 (transfer of land and other property on dissolution of governing body), in sub-paragraph (3)(b), for “Academy” substitute “ Academy school ”.

Other Acts

Sch 13 para 6
Sch 13 para 6(1)

The Children Act 1989 is amended as follows.

Sch 13 para 6(2)

In section 62 (voluntary organisations providing accommodation: duties of local authorities), in subsection (10), after “1992,” insert “ a 16 to 19 Academy ”.

Sch 13 para 6(3)

In section 80 (inspection of children's homes etc by persons authorised by Secretary of State)—

Sch 13 para 6(3)(a)

in subsection (5), after paragraph (dc) insert—;

Sch 13 para 6(3)(b)

in subsection (13), in the definition of “college”, after “1992” insert “ or a 16 to 19 Academy ”;

Sch 13 para 6(3)(c)

in subsection (13), at the end insert—

Sch 13 para 6(4)

In section 87 (welfare of children in boarding schools and colleges)—

Sch 13 para 6(4)(a)

in subsection (10), in the definition of “college”, after “1992 Act” insert “ or a 16 to 19 Academy ”;

Sch 13 para 6(4)(b)

in subsection (11), after paragraph (c) insert—

Sch 13 para 7

In Schedule 4A to the Water Industry Act 1991 (premises that are not to be disconnected for non-payment of charges), after paragraph 10 insert—

Sch 13 para 8
Sch 13 para 8(1)

FHEA 1992 is amended as follows.

Sch 13 para 8(2)

In section 85A (nuisance or disturbance on educational premises)—

Sch 13 para 8(2)(a)

in subsection (2), omit the “and” after paragraph (a) and after paragraph (b) insert;

Sch 13 para 8(2)(b)

in subsection (4), omit the “and” after paragraph (a) and after paragraph (b) insert;

Sch 13 para 8(2)(c)

in subsection (6), omit the “and” after paragraph (a) and after paragraph (b) insert

Sch 13 para 8(3)

In section 85AA (power of members of staff to search students for prohibited items: England)—

Sch 13 para 8(3)(a)

in subsection (1), after “England” insert “ , or a 16 to 19 Academy, ”;

Sch 13 para 8(3)(b)

in subsection (6), in the definition of “member of staff”, after “further education sector” insert “ or a 16 to 19 Academy ”.

Sch 13 para 8(4)

In section 85AB (power of search under section 85AA: supplementary), in subsection (3), after “England” insert “ , or a principal of a 16 to 19 Academy, ”.

Sch 13 para 8(5)

In section 85C (power of members of staff to use force)—

Sch 13 para 8(5)(a)

in subsection (1), after “further education sector” insert “ or is a 16 to 19 Academy ”;

Sch 13 para 8(5)(b)

in subsection (5), after “further education sector” insert “ or a 16 to 19 Academy ”.

Sch 13 para 9
Sch 13 para 9(1)

EA 1996 is amended as follows.

Sch 13 para 9(2)

In section 4 (schools: general)—

Sch 13 para 9(2)(a)

in subsection (1), for “subsection (1A)” substitute “ subsections (1A) to (1C) ”;

Sch 13 para 9(2)(b)

after subsection (1A) insert—

Sch 13 para 9(3)

In section 11 (Secretary of State's duty in the case of primary, secondary and further education)—

Sch 13 para 9(3)(a)

in subsection (1)(a), omit the “or” after sub-paragraph (i) and after sub-paragraph (ii) insert;

Sch 13 para 9(3)(b)

in subsection (1)(b), for “or institutions within the further education sector” substitute “ , institutions within the further education sector or 16 to 19 Academies ”;

Sch 13 para 9(3)(c)

in subsection (2), for “and institutions within the further education sector” substitute “ , institutions within the further education sector and 16 to 19 Academies ”.

Sch 13 para 9(4)

In section 329A (review or assessment of educational needs at request of responsible body), in subsection (12), after paragraph (d) insert—.

Sch 13 para 9(5)

In section 332B (special educational provision: resolution of disputes), in subsection (8)(c), for “or an Academy” substitute “ , an Academy school or an alternative provision Academy ”.

Sch 13 para 9(6)

In section 337 (special schools), in paragraph (b), for “Academy” substitute “ Academy school ”.

Sch 13 para 9(7)

In section 444 (offence: failure to secure regular attendance at school of registered pupil), in subsection (7A)(a), for sub-paragraph (iii) substitute—.

Sch 13 para 9(8)

In section 444ZA (application of section 444 to alternative education provision), in subsection (8)—

Sch 13 para 9(8)(a)

in paragraph (a), for sub-paragraph (iii) substitute—;

Sch 13 para 9(8)(b)

in paragraph (b), after “(iii),” insert “ (iiia), ”.

Sch 13 para 9(9)

In section 444B (penalty notices: supplemental), in subsection (4), in the definition of “relevant school”, for paragraph (c) substitute—.

Sch 13 para 9(10)

In section 508A (local authorities in England: duty to promote sustainable modes of travel)—

Sch 13 para 9(10)(a)

in subsection (5)(b), after “further education sector” insert “ , or 16 to 19 Academies, ”;

Sch 13 para 9(10)(b)

in subsection (6)(b), after “further education sector” insert “ , or 16 to 19 Academies, ”.

Sch 13 para 9(11)

In section 508C (local authorities in England: travel arrangements etc for children other than eligible children), in subsection (6)(b), after “further education sector” insert “ , or 16 to 19 Academy, ”.

Sch 13 para 9(12)

In section 508G (local authorities in England: transport policy statements for young adults subject to learning difficulty assessment), in subsection (1), after paragraph (b) insert—.

Sch 13 para 9(13)

In section 509AA (local authorities in England: provision of transport etc for persons of sixth form age)—

Sch 13 para 9(13)(a)

in subsection (2), omit the “or” at the end of paragraph (c) and after that paragraph insert—;

Sch 13 para 9(13)(b)

in subsection (2)(d), for “or (c)” substitute “ , (c) or (ca) ”.

Sch 13 para 9(14)

In section 510 (provision of clothing), in subsection (4)(b), after “further education sector” insert “ or a 16 to 19 Academy ”.

Sch 13 para 9(15)

In section 537 (power of Secretary of State to require information from governing bodies etc), in subsection (1)(b), after “every” insert “ (i) ” and at the end insert “or.

Sch 13 para 9(16)

In section 557 (adoption of statutory trusts), in subsection (10), in the definition of “relevant school”, for “Academy,” substitute “ Academy school, alternative provision Academy, ”.

Sch 13 para 9(17)

In section 579(1) (general interpretation)—

Sch 13 para 9(17)(a)

in the definition of “Academy”, for “a school” substitute “ an educational institution ”;

Sch 13 para 9(17)(b)

after the definition of “Academy order” insert—;

Sch 13 para 9(17)(c)

in the definition of “proprietor”—

Sch 13 para 9(17)(c)(i)

after “a school” insert “ or a 16 to 19 Academy ”;

Sch 13 para 9(17)(c)(ii)

after “the school” insert “ or Academy ”.

Sch 13 para 9(18)

In section 580 (index), at the appropriate places insert the following entries—

Sch 13 para 9(19)

In paragraph 15(2) of Schedule 1 (management committees of pupil referral units), after paragraph (g) insert—.

Sch 13 para 9(20)

In paragraph 15(2) of Schedule 35B (travel arrangements for eligible children: meaning of “qualifying school”), in paragraph (f), for “or an Academy” substitute “ , an Academy school or an alternative provision Academy ”.

Sch 13 para 10
Sch 13 para 10(1)

SSFA 1998 is amended as follows.

Sch 13 para 10(2)

In section 77 (control of disposals or changes in use of school playing fields) (as amended by Schedule 14)—

Sch 13 para 10(2)(a)

in subsection (2B)(c)(ii), for “of Academy” substitute “ of Academy school ”;

Sch 13 para 10(2)(b)

in subsection (3), for “Academy” (in both places) substitute “ Academy school ”;

Sch 13 para 10(2)(c)

in subsection (4B), for “Academy” substitute “ Academy school ”.

Sch 13 para 10(3)

In section 88 (admission authorities and admission arrangements), in subsection (1)(c) (inserted by section 64), for “Academy” (in both places) substitute “ Academy school ”.

Sch 13 para 10(4)

In section 88H (reference of objections to adjudicator) (as amended by section 64)—

Sch 13 para 10(4)(a)

in subsection (1A), for “an Academy” (in both places) substitute “ an Academy school ”;

Sch 13 para 10(4)(b)

in subsection (6)(b), for “Academy” substitute “ Academy school ”.

Sch 13 para 10(5)

In section 88I (other functions of adjudicator relating to admission arrangements), in subsection (1)(b) (inserted by section 64), for “Academy” substitute “ Academy school ”.

Sch 13 para 10(6)

In section 88K (sections 88H and 88I: supplementary) (as amended by section 64)—

Sch 13 para 10(6)(a)

in subsection (4)(a), for “Academy” substitute “ Academy school ”;

Sch 13 para 10(6)(b)

in subsection (5)(b), for “an Academy” substitute “ an Academy school ”.

Sch 13 para 10(7)

In section 88P (reports by local authorities), in subsection (3)(b), for “Academy” substitute “ Academy school ”.

Sch 13 para 10(8)

In section 88Q (reports under section 88P: provision of information), in subsection (2)(d)(i), for “Academy” substitute “ Academy school ”.

Sch 13 para 10(9)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 13 para 11

In section 24 of the Anti-social Behaviour Act 2003 (sections 19 to 22A and 24: interpretation)—

Sch 13 para 11(a)

in the definition of “governing body”, for “Academy” substitute “ Academy school, alternative provision Academy ”;

Sch 13 para 11(b)

in the definition of “relevant school”, for paragraph (e) substitute—.

Sch 13 para 12

In section 14 of the International Development Act 2002 (functions of the Commonwealth Scholarship Commission etc), in subsection (1)(b)(i), after “higher education sector” insert “ , at 16 to 19 Academies ”.

Sch 13 para 13
Sch 13 para 13(1)

EA 2002 is amended as follows.

Sch 13 para 13(2)

In section 135A (requirement to serve induction period: teachers in England) (inserted by section 9)—

Sch 13 para 13(2)(a)

in subsection (1)(d), after “prescribed description)” insert “ or a 16 to 19 Academy ”;

Sch 13 para 13(2)(b)

in subsection (2)(k), for “or to institutions within the further education sector” substitute “ institutions within the further education sector or 16 to 19 Academies ”;

Sch 13 para 13(2)(c)

in subsection (5), after “further education sector” insert “ or a 16 to 19 Academy ”.

Sch 13 para 13(3)

In section 141A (teacher misconduct: teachers to whom sections 141B to 141E apply) (inserted by section 8), in subsection (1), after paragraph (b) insert—.

Sch 13 para 13(4)

In section 141D (supply of information following dismissal, resignation etc) (inserted by section 8), in subsection (4), in paragraph (c) of the definition of “relevant employer”, after “school” insert “ or 16 to 19 Academy ”.

Sch 13 para 13(5)

In section 203 (further education institutions: hazardous material, etc)—

Sch 13 para 13(5)(a)

after subsection (1) insert—;

Sch 13 para 13(5)(b)

in subsection (5), at the end insert “ and “proprietor” has the same meaning as in the Education Act 1996 ”.

Sch 13 para 14

In section 71 of the Income Tax (Trading and Other Income) Act 2005 (educational establishments for the purposes of section 70), in subsection (1), omit the “or” after paragraph (c) and after paragraph (d) insert

Sch 13 para 15
Sch 13 para 15(1)

EA 2005 is amended as follows.

Sch 13 para 15(2)

In section 5 (duty to inspect certain schools at prescribed intervals), in subsection (2), for paragraph (d) substitute—.

Sch 13 para 15(3)

In section 113 (information about the school workforce: introductory), in subsection (2)(c), after “institution” insert “ or a 16 to 19 Academy ”.

Sch 13 para 16
Sch 13 para 16(1)

EIA 2006 is amended as follows.

Sch 13 para 16(2)

In section 7 (invitation for proposals for establishment of new schools), in subsection (2)(b), for “Academy” substitute “ Academy school ”.

Sch 13 para 16(3)

In section 100 (duty of governing body or proprietor where pupil excluded for fixed period), in subsection (5), in the definition of “governing body”, for “Academy,” substitute “ Academy school, an alternative provision Academy, ”.

Sch 13 para 16(4)

In section 104 (notice to parent relating to excluded pupil), in subsection (8), in paragraph (c) of the definition of “the appropriate authority”, for “Academy,” substitute “ Academy school, an alternative provision Academy, ”.

Sch 13 para 16(5)

In section 111 (meaning of “maintained school” and “relevant school” in Chapter 2 of Part 7), in the definition of “relevant school”, for paragraph (b) substitute—.

Sch 13 para 16(6)

In section 123 (inspections: education and training to which Chapter applies), in subsection (1) after paragraph (b) insert—.

Sch 13 para 16(7)

In section 125 (inspection of further education institutions), in subsection (1) (amended by section 42), after “sector” insert “ , and all 16 to 19 Academies, ”.

Sch 13 para 16(8)

In Schedule 2 (consideration, approval and implementation of proposals for establishment or discontinuance of schools in England), in paragraph 3A(a) (inserted by Schedule 11), for “an Academy” substitute “ an Academy school ”.

Sch 13 para 17
Sch 13 para 17(1)

The Safeguarding Vulnerable Groups Act 2006 is amended as follows.

Sch 13 para 17(2)

In section 21 (controlled activity relating to children), in subsection (4), after “Education Act 2002)” insert “ or a 16 to 19 Academy ”.

Sch 13 para 17(3)

In section 59 (meaning of “vulnerable adults”), in subsection (3), after paragraph (d) insert—

Sch 13 para 18

In section 71 of the Corporation Tax Act 2009 (educational establishments for the purposes of section 70), in subsection (1), omit the “or” after paragraph (c) and after paragraph (d) insert

Sch 13 para 19

In section 23 of ASCLA 2009 (duty to prepare and submit draft specification of apprenticeship standards: England), in subsection (2)(b), omit the “and” after sub-paragraph (ii), and after that sub-paragraph insert—.

Sch 13 para 20
Sch 13 para 20(1)

The Equality Act 2010 is amended as follows.

Sch 13 para 20(2)

In section 91 (students: admission and treatment, etc)—

Sch 13 para 20(2)(a)

in subsection (10), after paragraph (c) insert—;

Sch 13 para 20(2)(b)

in subsection (12), after paragraph (a) insert—.

Sch 13 para 20(3)

In Schedule 10 (accessibility for disabled pupils), in paragraph 5(3), for paragraph (b) substitute—

Sch 13 para 20(4)

In Schedule 17 (disabled pupils: enforcement), in paragraph 13(5)(b), for “Academy” substitute “ Academy school or an alternative provision Academy ”.

Sch 14

Academies: land

Schedule 1 to AA 2010

Sch 14 para 1

For Schedule 1 to AA 2010 (Academies: land) substitute—

Amendments to Schedule 22 to SSFA 1998

Sch 14 para 2

Schedule 22 to SSFA 1998 (disposals of land in case of certain schools and disposals on discontinuance) is amended as set out in paragraphs 3 to 15.

Sch 14 para 3

In paragraph A1, in sub-paragraph (1)(b), at the end insert—.

Sch 14 para 4

After paragraph A1, insert—

Sch 14 para 5

In paragraph A2, for sub-paragraphs (1) to (3), substitute—

Sch 14 para 6

In paragraph A7, in sub-paragraph (1)(b), at the end insert—.

Sch 14 para 7

After paragraph A7, insert—

Sch 14 para 8

In paragraph A8, for sub-paragraphs (1) to (3), substitute—

Sch 14 para 9
Sch 14 para 9(1)

Paragraph A13 is amended as follows.

Sch 14 para 9(2)

In sub-paragraph (1)(d), at the end insert—.

Sch 14 para 9(3)

In sub-paragraph (7)—

Sch 14 para 9(3)(a)

after “maintained schools” insert “ or Academies ”;

Sch 14 para 9(b)

for “A14 to A16” substitute “ A13A to A16 ”.

Sch 14 para 10

After paragraph A13, insert—

Sch 14 para 11

In paragraph A14, for sub-paragraphs (1) to (5), substitute—

Sch 14 para 12

In paragraph A19, before sub-paragraph (1), insert—

Sch 14 para 13
Sch 14 para 13(1)

Paragraph A23 (land required by local authority for certain purposes) is amended as follows.

Sch 14 para 13(2)

For sub-paragraph (4), substitute—

Sch 14 para 13(3)

In sub-paragraph (6), for “such an application” substitute “ an application under sub-paragraph (1) or a notice under sub-paragraph (4) ”.

Sch 14 para 13(4)

After sub-paragraph (6), insert—

Sch 14 para 14
Sch 14 para 14(1)

Paragraph 5 (discontinuance of foundation, voluntary and foundation special schools: land) is amended as follows.

Sch 14 para 14(2)

After sub-paragraph (1), insert—

Sch 14 para 14(3)

In sub-paragraph (4), after paragraph (a) insert—.

Sch 14 para 14(4)

In sub-paragraph (4B), after paragraph (a) insert—.

Sch 14 para 14(5)

In sub-paragraph (5A), in paragraph (b), after “maintained schools” insert “ or Academies ”.

Sch 14 para 15
Sch 14 para 15(1)

Paragraph 7 (disposal of property held by governing body of maintained school on their dissolution) is amended as follows.

Sch 14 para 15(2)

In sub-paragraph (1), at the end insert “ other than a dissolution by virtue of paragraph 5(2)(a)(iv) of that Schedule (dissolution following Academy order) ”.

Sch 14 para 15(3)

In sub-paragraph (2)(ii), for the words from “following” to “new school” substitute “ persons or bodies mentioned in sub-paragraph (2A) ”.

Sch 14 para 15(4)

After sub-paragraph (2), insert—

Other amendments

Sch 14 para 16

Section 482 of EA 1996 (Academies) is repealed.

Sch 14 para 17

Schedule 35A to EA 1996 (Academies: land) is repealed.

Sch 14 para 18
Sch 14 para 18(1)

Section 77 of SSFA 1998 (control of disposals or changes in use of school playing fields) is amended as follows.

Sch 14 para 18(2)

In subsection (2B)—

Sch 14 para 18(2)(a)

omit “or” at the end of paragraph (a);

Sch 14 para 18(2)(b)

after paragraph (b), insert

Sch 14 para 18(3)

In subsection (3)—

Sch 14 para 18(3)(a)

in the opening words, for “subsections (4) and” substitute “ subsection ”;

Sch 14 para 18(3)(b)

in the opening words, for “(2B)(a) or (b)” substitute “ (2B)(a), (b) or (c) ”;

Sch 14 para 18(3)(c)

at the end insert “ , or by an Academy for the purposes of the Academy ”.

Sch 14 para 18(4)

Omit subsection (4).

Sch 14 para 18(5)

After subsection (4A), insert—

Sch 14 para 19

In section 65 of EA 2002 (Academies), omit subsection (1).

Sch 14 para 20
Sch 14 para 20(1)

Section 12 of AA 2010 (charitable status of Academy proprietors etc) is amended as follows.

Sch 14 para 20(2)

After subsection (1) insert—

Sch 14 para 20(3)

In the heading, after “charitable” insert “ and trust corporation ”.

Sch 15

Academies: minor amendments

Sch 15 para 1

In Schedule 4 to the Finance Act 2003 (stamp duty land tax: chargeable consideration), in paragraph 17(2)(e) (arrangements involving public or educational bodies) for “section 482 of the Education Act 1996” substitute “ section 1 of the Academies Act 2010 ”.

Sch 15 para 2

In Schedule 17 to the Equality Act 2010 (disabled pupils: enforcement), in paragraph 13(4) (admissions) for paragraph (b) substitute—.

Sch 15 para 3

In section 2 of AA 2010 (payments under Academy arrangements), omit subsection (5).

Sch 16

Abolition of the YPLA: consequential amendments

Public Records Act 1958 (c. 51)

Sch 16 para 1

In paragraph 3 of Schedule 1 to the Public Records Act 1958, in Part 2 of the Table (definition of public records: other establishments and organisations) omit “Young People's Learning Agency for England.”

Parliamentary Commissioner Act 1967 (c. 13)

Sch 16 para 2

In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc subject to investigation) omit “The Young People's Learning Agency for England.”

Superannuation Act 1972 (c. 11)

Sch 16 para 3

In Schedule 1 to the Superannuation Act 1972 (kinds of employment, etc, referred to in section 1 of that Act) omit “The Young People's Learning Agency for England.”

House of Commons Disqualification Act 1975 (c. 24)

Sch 16 para 4

In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 (other disqualifying offices) omit the entry relating to members of the Young People's Learning Agency for England in receipt of remuneration.

Education (Fees and Awards) Act 1983 (c. 40)

Sch 16 para 5

In section 1 of the Education (Fees and Awards) Act 1983 (fees at universities and further education establishments), in subsection (3)(f), for “Young People's Learning Agency for England” substitute “ Secretary of State ”.

Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33)

Sch 16 para 6

In section 5 of the Disabled Persons (Services, Consultation and Representation) Act 1986 (disabled persons leaving special education), in subsection (9), in paragraph (c) of the definition of “the responsible authority”—

Sch 16 para 6(a)

omit “, the Young People's Learning Agency for England”;

Sch 16 para 6(b)

omit “, Young People's Learning Agency for England”.

Employment Act 1988 (c. 19)

Sch 16 para 7

In section 26 of the Employment Act 1988 (status of trainees etc), for subsection (1A) substitute—

Education Reform Act 1988 (c. 40)

Sch 16 para 8

In section 128 (dissolution of higher education corporations), in subsection (1)(b), omit sub-paragraph (iib).

Value Added Tax Act 1994 (c. 23)

Sch 16 para 9
Sch 16 para 9(1)

Group 6 of Part 2 of Schedule 9 to the Value Added Tax Act 1994 (exemptions: education) is amended as follows.

Sch 16 para 9(2)

In item 5A—

Sch 16 para 9(2)(a)

omit paragraph (a);

Sch 16 para 9(2)(b)

in paragraph (b), for “that Act” substitute “ the Apprenticeships, Skills, Children and Learning Act 2009 ”.

Sch 16 para 9(3)

After item 5A insert—

Sch 16 para 9(4)

In note (5A), for “item 5A” substitute “ items 5A and 5B ”.

Sch 16 para 9(5)

After note (5A) insert—

EA 1996

Sch 16 para 10

EA 1996 is amended as follows.

Sch 16 para 11

After section 15ZC insert—

SSFA 1998

Sch 16 para 12

In section 30 of SSFA 1998 (notice by governing body to discontinue foundation or voluntary school), in subsection (3)(a)(i), for the words from “Young” to “school” substitute “ Secretary of State ”.

LSA 2000

Sch 16 para 13

LSA 2000 is amended as follows.

Sch 16 para 14

In section 98 (approved qualifications: England), omit subsections (7) and (8).

Sch 16 para 15
Sch 16 para 15(1)

Section 144 (designated institutions: disposal of land, etc) is amended as follows.

Sch 16 para 15(2)

In subsection (4)(b), for sub-paragraphs (i) and (ii) substitute—

Sch 16 para 15(3)

After subsection (4) insert—

Sch 16 para 15(4)

In subsection (9)(a), for “Young People's Learning Agency for England” substitute “ Secretary of State ”.

Sch 16 para 16

In Schedule 9 (amendments), omit paragraph 14.

Freedom of Information Act 2000 (c. 36)

Sch 16 para 17

In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public bodies and offices: general) omit “The Young People's Learning Agency for England.”

EA 2002

Sch 16 para 18

EA 2002 is amended as follows.

Sch 16 para 19

In section 183 (transfer of functions relating to allowances under section 181), in subsection (1), omit paragraph (aa) (but not the “or” after it).

Sch 16 para 20

Omit section 208A (recoupment: adjustment between local authorities and the YPLA).

Sch 16 para 21

In section 210(6A) (Welsh orders and regulations subject to negative resolution), omit “or section 208A”.

HEA 2004

Sch 16 para 22

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Children Act 2004 (c. 31)

Sch 16 para 23

In section 10 (co-operation to improve wellbeing), in subsection (9)(c), omit “66,”.

EA 2005

Sch 16 para 24

EA 2005 is amended as follows.

Sch 16 para 25

In section 14 (destination of reports: maintained schools), omit subsection (3).

Sch 16 para 26

In section 14A (destination of interim statements: maintained schools), omit subsection (3).

Sch 16 para 27

In section 92 (joint exercise of functions), in subsection (2), omit “the Young People's Learning Agency for England,”.

Sch 16 para 28

In section 108 (supply of information: education maintenance allowances), in subsection (3), omit paragraph (ba).

EIA 2006

Sch 16 para 29

EIA 2006 is amended as follows.

Sch 16 para 30
Sch 16 para 30(1)

Section 123 (inspection of further education and training: education and training to which Chapter applies) is amended as follows.

Sch 16 para 30(2)

In subsection (1), in paragraphs (b), (c) and (g), for “YPLA” substitute “ Secretary of State ”.

Sch 16 para 30(3)

In subsection (3)(a), omit “61(4)(f) or”.

Sch 16 para 31

In section 124 (inspection of education and training to which Chapter applies), in subsection (5), omit paragraph (b).

Sch 16 para 32

In section 125 (inspection of further education institutions), in subsection (5), omit paragraph (b).

Sch 16 para 33

In section 126 (other inspections), in subsection (4), omit paragraph (b).

Sch 16 para 34

In section 128 (area inspections), in subsection (3)(a), for “YPLA” substitute “ Secretary of State ”.

Sch 16 para 35

In section 129 (reports of area inspections), in subsection (2), omit paragraph (b).

Sch 16 para 36
Sch 16 para 36(1)

Section 130 (action plans following area inspections) is amended as follows.

Sch 16 para 36(2)

In subsection (2), for “a relevant body” substitute “ the Chief Executive ”.

Sch 16 para 36(3)

In subsections (4) and (5), for “body” substitute “ Chief Executive ”.

Sch 16 para 36(4)

Omit subsection (6).

Sch 16 para 37

In section 159(1) (interpretation of Part 8), omit the definition of “the YPLA”.

Safeguarding Vulnerable Groups Act 2006 (c. 47)

Sch 16 para 38

In Schedule 7 to the Safeguarding Vulnerable Groups Act 2006 (vetting information), in the table in paragraph 1, in column 1 of entry 18—

Sch 16 para 38(a)

omit “61 or”;

Sch 16 para 38(b)

after “2009” insert “ , section 14 of the Education Act 2002 ”.

Local Government and Public Involvement in Health Act 2007 (c. 28)

Sch 16 para 39

In section 104 of the Local Government and Public Involvement in Health Act 2007 (partner authorities), in subsection (4), omit paragraph (fa).

ESA 2008

Sch 16 para 40

ESA 2008 is amended as follows.

Sch 16 para 41

In section 13 (notification of non-compliance with section 2 duty), in subsection (5), in paragraph (f) of the definition of “educational institution”, for “Young People's Learning Agency for England” substitute “ Secretary of State ”.

Sch 16 para 42

In section 72 (educational institutions: duty to provide information), in subsection (5), in paragraph (f) of the definition of “educational institution”, for “Young People's Learning Agency for England” substitute “ Secretary of State ”.

Sch 16 para 43

In section 77 (supply of information by public bodies), in subsection (2)(b), for “Young People's Learning Agency for England” substitute “ Secretary of State ”.

Sch 16 para 44

In section 132 (providers of independent education or training for 16 to 18 year olds), in subsection (2)(b)(iv), for “Young People's Learning Agency for England” substitute “ Secretary of State ”.

Local Democracy, Economic Development and Construction Act 2009 (c. 20)

Sch 16 para 45

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

ASCLA 2009

Sch 16 para 46

ASCLA 2009 is amended as follows.

Sch 16 para 47

In section 107 (provision of services), in subsection (4), omit paragraph (e).

Sch 16 para 48
Sch 16 para 48(1)

Section 122 (sharing of information for education and training purposes) is amended as follows.

Sch 16 para 48(2)

In subsection (3)(b), for “Young People's Learning Agency for England” substitute “ Secretary of State ”.

Sch 16 para 48(3)

In subsection (5)(b), for “Young People's Learning Agency for England” substitute “ Secretary of State relating to education or training ”.

Sch 16 para 49

In Schedule 6 (dissolution of the Learning and Skills Council for England: minor and consequential amendments), omit paragraphs 54 to 56 and 57(b).

Sch 16 para 50

In Schedule 12 (Ofqual and the QCDA: minor and consequential amendments), omit paragraph 28(3).

Sch 17

Abolition of the YPLA: transfer schemes

Staff transfer schemes

Sch 17 para 1

The Secretary of State may make a scheme (a “staff transfer scheme”) providing for designated employees of the YPLA—

Sch 17 para 1(a)

to become members of staff of the Secretary of State (and accordingly to become employed in the civil service of the state), or

Sch 17 para 1(b)

to be transferred to a permitted transferee.

Sch 17 para 2
Sch 17 para 2(1)

This paragraph applies where a staff transfer scheme provides for an employee of the YPLA to become a member of staff of the Secretary of State.

Sch 17 para 2(2)

The staff transfer scheme may provide—

Sch 17 para 2(2)(a)

so far as may be consistent with employment in the civil service of the state, for the terms and conditions of the employee's employment with the YPLA to have effect as if they were the conditions of service as a member of the Secretary of State's staff;

Sch 17 para 2(2)(b)

for the transfer to the Secretary of State of the rights, powers, duties and liabilities of the YPLA under or in connection with the employee's contract of employment;

Sch 17 para 2(2)(c)

for anything done (or having effect as if done) before that transfer by or in relation to the YPLA in respect of such a contract or the employee to be treated as having been done by or in relation to the Secretary of State.

Sch 17 para 2(3)

The staff transfer scheme may provide for a period before the employee became a member of the Secretary of State's staff to count as a period during which the employee was a member of the Secretary of State's staff (and for the operation of the scheme not to be treated as having interrupted the continuity of that period).

Sch 17 para 2(4)

The staff transfer scheme may provide for the employee not to become a member of the Secretary of State's staff if the employee gives notice objecting to the operation of the scheme in relation to the employee.

Sch 17 para 2(5)

The staff transfer scheme may provide for a person who would be treated (by an enactment or otherwise) as being dismissed by the operation of the scheme not to be so treated.

Sch 17 para 2(6)

The staff transfer scheme may provide for an employee of the YPLA to become a member of the Secretary of State's staff despite any provision, of whatever nature, which would otherwise prevent the person from being employed in the civil service of the state.

Sch 17 para 3
Sch 17 para 3(1)

This paragraph applies where a staff transfer scheme provides for the transfer of an employee of the YPLA to a permitted transferee.

Sch 17 para 3(2)

The staff transfer scheme may provide—

Sch 17 para 3(2)(a)

for the employee's contract of employment to have effect (subject to any necessary modifications)—

Sch 17 para 3(2)(a)(i)

as if originally made between the employee and the permitted transferee, or

Sch 17 para 3(2)(a)(ii)

as the conditions of service as a member of the permitted transferee's staff;

Sch 17 para 3(2)(b)

for the transfer to the permitted transferee of the rights, powers, duties and liabilities of the YPLA under or in connection with the employee's contract of employment;

Sch 17 para 3(2)(c)

for anything done (or having effect as if done) before that transfer by or in relation to the YPLA in respect of such a contract or the employee to be treated as having been done by or in relation to the permitted transferee.

Sch 17 para 3(3)

The staff transfer scheme may provide for a period before the employee became a member of the permitted transferee's staff to count as a period during which the employee was a member of the permitted transferee's staff (and for the operation of the scheme not to be treated as having interrupted the continuity of that period).

Sch 17 para 3(4)

The staff transfer scheme may provide for the employee not to become a member of the permitted transferee's staff if the employee gives notice objecting to the operation of the scheme in relation to the employee.

Sch 17 para 3(5)

The staff transfer scheme may provide for any person who would be treated (by an enactment or otherwise) as being dismissed by the operation of the scheme not to be so treated.

Sch 17 para 3(6)

The staff transfer scheme may provide for the transfer of an employee of the YPLA to a permitted transferee despite any provision, of whatever nature, which would otherwise prevent the employee from being so transferred.

Property transfer schemes

Sch 17 para 4
Sch 17 para 4(1)

The Secretary of State may make a scheme (a “property transfer scheme”) providing for the transfer from the YPLA of designated property, rights or liabilities of the YPLA to—

Sch 17 para 4(1)(a)

the Secretary of State, or

Sch 17 para 4(1)(b)

a permitted transferee.

Sch 17 para 4(2)

A property transfer scheme may—

Sch 17 para 4(2)(a)

create rights, or impose liabilities, in relation to property or rights transferred by virtue of the scheme;

Sch 17 para 4(2)(b)

provide for anything done by or in relation to the YPLA in connection with any property, rights or liabilities transferred by the scheme to be treated as done, or to be continued, by or in relation to the person to whom the property, rights or liabilities in question are transferred;

Sch 17 para 4(2)(c)

apportion property, rights and liabilities;

Sch 17 para 4(2)(d)

make provision about the continuation of legal proceedings.

Sch 17 para 4(3)

The things that may be transferred by a property transfer scheme include—

Sch 17 para 4(3)(a)

property, rights and liabilities that could not otherwise be transferred;

Sch 17 para 4(3)(b)

property acquired, and rights and liabilities arising, after the making of the scheme.

Continuity

Sch 17 para 5

A transfer by virtue of a staff transfer scheme or a property transfer scheme does not affect the validity of anything done by or in relation to the YPLA before the transfer takes effect.

Supplementary provision etc.

Sch 17 para 6

A staff transfer scheme or a property transfer scheme may include supplementary, incidental, transitional and consequential provision.

Interpretation

Sch 17 para 7

In this Schedule—“designated”, in relation to a staff transfer scheme or a property transfer scheme, means specified in, or determined in accordance with, the scheme;“permitted transferee” means a person specified in an order made by the Secretary of State;“the YPLA” means the Young People's Learning Agency for England.

Sch 18

The apprenticeship offer: consequential amendments

Sch 18 para 1

ASCLA 2009 is amended as follows.

Sch 18 para 2

In section 27(1) (contents of specification of apprenticeship standards for England)—

Sch 18 para 2(a)

after paragraph (a) insert “ and ”;

Sch 18 para 2(b)

omit paragraph (c) and the “and” immediately before it.

Sch 18 para 3

In section 36(5) (power to apply provisions with modifications in application to Crown servants etc), omit “, or any of sections 91 to 99,”.

Sch 18 para 4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 18 para 5

In section 83, for the heading substitute “ Power to secure provision of apprenticeship training ”.

Sch 18 para 6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sch 18 para 7

In section 86 (education and training for persons aged 19 or over or subject to adult detention), in subsection (2), after “that section” insert “ 83A or ”.

Sch 18 para 8

Sections 91 to 99 (functions of the Chief Executive of Skills Funding: the apprenticeship offer) are repealed.

Sch 18 para 9

In section 100(1) (power of Chief Executive to secure provision of financial resources), omit paragraph (i).

Sch 18 para 10

Section 104 (assistance and support in relation to apprenticeship places) is repealed.

Sch 18 para 11

In section 105 (promoting progression from level 2 to level 3 apprenticeships), for subsection (5) substitute—

Sch 18 para 12

In section 121(3) (interpretation of Part 4: training within the Chief Executive's remit), after paragraph (a) insert—.

Sch 18 para 13
Sch 18 para 13(1)

Section 262 (orders and regulations) is amended as follows.

Sch 18 para 13(2)

After subsection (3) insert—

Sch 18 para 13(3)

Omit subsection (4).

Sch 18 para 13(4)

In subsection (6) (orders and regulations subject to affirmative resolution)—

Sch 18 para 13(4)(a)

before paragraph (b) insert—;

Sch 18 para 13(4)(b)

omit paragraph (c).

Sch 18 para 14

In section 269 (commencement), omit subsection (5).