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:—
Early years provision
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).
For section 7 (duty to secure prescribed early years provision free of charge) substitute—
After section 13 insert—
Section 100 of the Childcare Act 2006 (provision of information about young children: transitory provision) is repealed.
Discipline
Chapter 2 of Part 10 of EA 1996 (punishment and restraint of pupils) is amended as set out in subsections (2) to (5).
In section 550ZA (power of members of staff to search pupils for prohibited items: England)—
in subsection (3) (prohibited items), after paragraph (e) insert—;
in that subsection, after paragraph (f) insert—;
after subsection (4), insert—
In section 550ZB (power of search under section 550ZA: supplementary)—
in subsection (5), after “section 550ZA” insert “ to search for an item within section 550ZA(3)(a) to (f) ”;
in subsection (6)—
in paragraph (b), after “P” insert “ , unless the condition in subsection (6A) is satisfied ”;
in paragraph (c), after “staff” insert “ , unless the condition in subsection (6A) is satisfied ”;
after subsection (6), insert—;
in subsection (7), in paragraph (b), after “staff” insert “ , unless the condition in subsection (7A) is satisfied ”;
after subsection (7), insert—
In section 550ZC (power to seize items found during search under section 550ZA)—
in subsection (2) after “subsection (1)” insert “ to seize an item within section 550ZA(3)(a) to (f) or anything within subsection (1)(b) ”;
after subsection (6) insert—;
in subsection (9), for “and (5)” substitute “ , (5) and (6A) ”.
In section 550ZD (section 550ZC: supplementary)—
in subsection (1), after “(5)(a)” insert “ , (6A)(a) ”;
in subsection (2)(a), for the words from “alcohol” to “article” substitute “ an item within subsection (2A) ”;
after subsection (2), insert—;
in subsection (3)(a), for “or disposal” substitute “ , disposal or erasure ”;
in subsection (4), after “(2)” insert “ , (2B) ”.
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) ”.
In section 89 of EIA 2006 (determination by head teacher of behaviour policy), after subsection (4) insert—
Part 3 of FHEA 1992 (miscellaneous and general) is amended as follows.
In section 85AA (power of members of staff to search students for prohibited items: England), in subsection (3) (prohibited items), after paragraph (e) insert—.
In section 85AB (power of search under section 85AA: supplementary)—
in subsection (6)—
in paragraph (b), after “S” insert “ , unless the condition in subsection (6A) is satisfied ”;
in paragraph (c), after “staff” insert “ , unless the condition in subsection (6A) is satisfied ”;
after subsection (6), insert—;
in subsection (7), in paragraph (b), after “staff” insert “ , unless the condition in subsection (7A) is satisfied ”;
after subsection (7), insert—
In section 85AC (power to seize items found during search under section 85AA)—
after subsection (6) insert—;
in subsection (9), for “and (5)” substitute “ , (5) and (6A) ”.
In section 85AD (section 85AC: supplementary)—
in subsection (1), after “(5)(a)” insert “ , (6A)(a) ”;
in subsection (2)(a), for the words from “alcohol” to “article” substitute “ an item within subsection (2A) ”;
after subsection (2), insert—;
in subsection (3)(a), for “or disposal” substitute “ , disposal or erasure ”;
in subsection (4), after “(2)” insert “ , (2B) ”.
Chapter 3 of Part 3 of EA 2002 (maintained schools: admissions, exclusions and attendance) is amended as follows.
Before section 52, insert—
In section 52 (exclusion of pupils)—
in subsection (1), after “maintained school” insert “ in Wales ”;
in subsection (2), after “pupil referral unit” insert “ in Wales ”;
in subsection (4)—
in paragraph (b), omit from first “(in” to “Wales)”;
in paragraph (c), omit “the Secretary of State or” and “as the case may be,”;
in the heading, at the end insert “ : Wales ”.
Schedule 1 (consequential amendments) has effect.
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, ”.
Section 248 of ASCLA 2009 (co-operation with a view to promoting good behaviour etc: England) is repealed.
School workforce
Abolition of the General Teaching Council for England
Section 1 of THEA 1998 (the General Teaching Council for England) is amended as follows.
For subsection (1), substitute—
For subsection (3), substitute—
Omit subsection (10).
For the heading, substitute “ Aims and constitution of the Council ”.
In Part 8 of EA 2002 (teachers), after section 141 insert—
In EA 2002, after Schedule 11, insert—
In Part 8 of EA 2002 (teachers), after section 135 insert—
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.
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.
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.
A suspension order is to continue in force until the later of—
the end of the suspension period specified in the order, and
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.
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).
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).
Sub-paragraphs (1) and (2) of paragraph 4 are modified as follows—
in sub-paragraph (1)—
paragraph (b) (and the “and” preceding it) is omitted;
in the words following paragraph (b), for “become so eligible” there is substituted “ be allowed to carry out such work ”;
in sub-paragraph (2)—
in paragraph (b), for “become so eligible” there is substituted “ be allowed to carry out such work ”.
Where a conditional registration order or a suspension order remains in force after the commencement date by virtue of subsection (3) or (4)—
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;
regulations under paragraph 6 of Schedule 2 to THEA 1998 (appeals against disciplinary orders to High Court) continue to apply;
the Secretary of State may consider an application to vary or revoke the order.
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.
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.
Schedule 2 (consequential amendments) has effect.
“Subordinate legislation” has the meaning given by section 21(1) of the Interpretation Act 1978.
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
In Part 8 of EA 2002 (teachers), after section 141E (inserted by section 8), insert—
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
Part 2 of EA 2002 (financial assistance for education and children etc) is amended as set out in subsections (2) and (3).
In section 14 (power of Secretary of State and Welsh Ministers to give financial assistance for purposes related to education or children etc)—
in subsection (2), after paragraph (c) insert—;
in subsection (2ZA), for “(2)(g)” substitute “ (2) ”.
in subsection (1), after “appropriate” insert “ , subject to subsection (2B) ”;
in subsection (2)(b), after “appropriate” insert “ , subject to subsection (2B) ”;
after subsection (2) insert—
Part 3 of EA 2005 (training the school workforce) is amended as set out in subsections (5) to (9).
Before section 85 (and the italic heading preceding it), insert—
In section 92 (joint exercise of functions)—
in subsection (1), for “A funding agency” substitute “ The Secretary of State, HEFCW ”;
in subsection (2), omit “the other funding agency,”;
after subsection (2) insert—;
omit subsection (3).
In section 93 (efficiency studies)—
in subsection (1), for “A funding agency” substitute “ The Secretary of State and HEFCW ”;
in subsection (2), for “a funding agency” substitute “ the Secretary of State or HEFCW ”;
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 ”.
For section 94 (duty to provide information) substitute—
In section 100 (interpretation of Part 3)—
omit the definitions of “the Agency” and “a funding agency”;
in the definition of “the school workforce”, for “section 75(5)” substitute “ subsection (1A) ”;
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 ”;
after subsection (1) insert—
Schedule 5 (abolition of the TDA: consequential amendments) has effect.
an instrument made under a Measure of the National Assembly for Wales before the date on which this Act is passed;
any other subordinate legislation made before the date on which this Act is passed, so far as applicable to Wales.
“Subordinate legislation” has the meaning given by section 21(1) of the Interpretation Act 1978.
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
Sections 227 to 241 of, and Schedule 15 to, ASCLA 2009 (the School Support Staff Negotiating Body) are repealed.
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
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, ”.
Qualifications and the Curriculum
International comparison surveys
In Chapter 4 of Part 9 of EA 1996 (provision of information by governing bodies etc), after section 538, insert—
Ofqual
Schedule 7 (the Chief Regulator of Qualifications and Examinations) has effect.
In section 128 of ASCLA 2009 (Ofqual's objectives) for subsection (2) (the qualifications standards objective) substitute—
Part 7 of ASCLA 2009 (the Office of Qualifications and Examinations Regulation) is amended as set out in subsections (2) to (6).
In section 151 (power to give directions), for subsection (1) substitute—
After section 151 insert—
In section 152 (power to withdraw recognition), for subsection (2) substitute—
After section 152 insert—
In section 153 (qualifications regulatory framework), in subsection (8)(e), for “152” substitute “ 152C ”.
In section 262(6) of ASCLA 2009 (orders and regulations subject to affirmative resolution procedure), after paragraph (e) insert—.
Qualifications: Wales
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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.
Schedule 8 (abolition of the QCDA: consequential amendments) has effect.
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.
“Subordinate legislation” has the meaning given by section 21(1) of the Interpretation Act 1978.
Schedule 9 (schemes for the transfer of staff, property, rights and liabilities from the QCDA to other persons) has effect.
Careers education and guidance
Part 2 of ESA 2008 (education and training support services in England) is amended as set out in subsections (2) to (5).
Section 69 (Secretary of State directions in relation to education and training support services) is repealed.
In consequence of subsection (2)—
in section 68 (provision of support services by local authorities)—
omit subsection (2);
in subsection (3), omit “and section 69”;
in subsection (4), omit paragraph (a) (and the “and” after it);
in section 70(2) (local authorities: supplementary powers), omit “or 69”;
in section 71(8) (provision of support on conditional basis), for “68(2) and (4)” substitute “ 68(4) ”.
Section 73 (duty on schools and FE institutions to permit access by persons involved in providing education and training support services) is repealed.
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).
In consequence of the amendment made by subsection (2), omit section 255(2) of ASCLA 2009.
Part 7 of EA 1997 (careers education and guidance) is amended as set out in subsections (2) to (8).
Before section 43 insert—
In section 43 (careers education in schools)—
in subsection (1), after “school” insert “ in Wales ”;
in subsection (2), omit paragraph (d) (but not the “and” after it);
omit subsections (2A) and (2B);
in subsection (3)—
omit “(and, where applicable, subsection (2B))”;
omit paragraph (b) (but not the “and” after it);
omit subsection (4);
in subsection (6)—
in the definition of “class”, for the words from “, in relation” to the end substitute “ has the same meaning as in section 42A; ”;
omit the definitions of “16-18 education or training” and “training”;
in the heading, at the end insert “ in Wales ”.
In section 44—
in subsection (8)(b), after “institutions” insert “ in Wales ”;
for subsection (9) substitute—;
in subsection (10)(a), after “a school” insert “ in Wales ”;
in subsection (10)(b), after “an institution” insert “ in Wales ”;
in the heading, after “institutions” insert “ in Wales ”.
In section 45 (provision of careers information at schools and other institutions)—
in subsection (2), omit the words from “and, in the case” to the end;
omit subsections (2A) and (2B);
for subsection (3) substitute—;
in subsection (5), for “ “careers education” and “16-18 education or training”” substitute “and “careers education””.
In section 45A (guidance as to discharge of duties)—
in subsection (1), for “43(2)(a), (c) or (e)” substitute “ 42A(2) ”;
in subsection (2), for “any of sections 43(3), 44(9) and 45(3)” substitute “ 42A(1) or (4) ”;
in the heading, at the end insert “ : schools in England ”.
In section 45B (provision of curriculum information), in the heading, at the end insert “ : Wales ”.
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) ”;
after subsection (2) insert—;
in subsection (3)(a), after “institutions” insert “ in Wales ”;
in subsection (5), after the definition of “careers education” insert—.
In consequence of the amendments made by subsections (1) to (8), omit—
paragraph 71 of Schedule 9 to LSA 2000;
paragraph 8 of Schedule 7 to EA 2002;
section 250 of ASCLA 2009.
Repeal of the diploma entitlement
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).
In the italic cross-heading above section 17A, for “core and additional entitlements” substitute “ core entitlement ”.
In section 17A (duties in relation to the core and additional entitlements)—
in subsection (1), for “core entitlement and the additional entitlement are” substitute “ core entitlement is ”;
omit subsections (2) to (5);
in subsection (7), omit the definitions of “additional entitlement area” and “the additional entitlement”;
omit subsection (8);
in subsection (9)—
for “references in subsections (1) and (2)” substitute “ reference in subsection (1) ”;
for “do” substitute “ does ”;
in the heading, for “core and additional entitlements” substitute “ core entitlement ”.
Omit section 17B (election for either core entitlement or additional entitlement).
In section 17C (the core entitlement)—
before subsection (1) insert—;
in subsection (1), for “electing for” substitute “ who has ”;
after subsection (4) insert—
Omit section 17D (the additional entitlement).
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—
in subsection (2)(e), omit “and the additional entitlement” and “who have elected for them”;
for subsection (4) substitute—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 74 of EIA 2006 (curriculum requirements for the fourth key stage) is amended as follows.
In subsection (1), in the new section 85A to be inserted into EA 2002—
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. ”;
in subsection (2), for “(1)(a)” substitute “ (1) ”;
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. ”;
in subsection (5), for “(1)(a) or (b)” substitute “ (1) ”;
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. ”
Omit subsection (3).
Educational institutions: other provisions
Repeal of duties of governing bodies, local authorities and others
Section 30A of EA 2002 (duty of governing body of maintained school in England to prepare and publish school profile) is repealed.
In consequence of subsection (1), section 104 of EA 2005 (insertion of section 30A of EA 2002) is repealed.
Section 5 of EIA 2006 (requirement for local authority to appoint school improvement partner for each school they maintain) is repealed.
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).
Part 3 of SSFA 1998 (school admissions) is amended as follows.
In section 85A (admission forums)—
in subsection (1)—
in the opening words, after “authority” insert “ in Wales ”;
at the end of paragraph (a), insert “ and ”;
omit paragraph (c) (and the “and” preceding it);
omit subsections (1A) to (1C);
in subsection (3), omit paragraph (ba) (but not the “and” following it);
omit subsection (3A);
omit subsections (5A) and (5B).
In section 88I (other functions of adjudicator relating to admission arrangements), in subsection (3), omit paragraph (b) (and the “or” preceding it).
Section 88J (changes to admission arrangements by schools adjudicator) is repealed.
In section 88P (reports by local authorities)—
in subsection (1) for “prescribed” substitute “ required by the code for school admissions ”;
omit subsections (4) and (5).
Schedule 10 (consequential amendments) has effect.
Part 9 of EA 1996 (ancillary functions) is amended as follows.
In section 512ZA (power to charge for meals etc)—
after subsection (1) insert—;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 533 (functions of governing bodies of maintained schools with respect to provision of school meals etc)—
after subsection (3) insert—;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Admissions
Section 88H of SSFA 1998 (reference of objections to adjudicator) is amended as set out in subsections (2) to (6).
In subsection (2)—
in paragraph (a), for “an appropriate person” substitute “ a body or person ”;
after “that” insert “ body or ”.
Omit subsection (3).
In subsection (4) omit “or (3)”.
In subsection (5)—
in paragraph (a)(i) omit “or (3)”;
in paragraph (a)(ii) for “(3)” substitute “ (2) ”;
in paragraph (c) omit “or (3)”;
in paragraph (d) omit “or (3)”.
Omit subsection (6).
In section 88K of SSFA 1998 (sections 88H to 88J: supplementary), for subsection (2)(b) substitute—
New schools
Schedule 11 (establishment of new schools) has effect.
Governing bodies: constitution and dissolution
Section 19 of EA 2002 (governing bodies) is amended as follows.
After subsection (1) insert—
In subsection (2), after “governing body” insert “ of a maintained school in Wales ”.
After subsection (4) insert—
In paragraph 5 of Schedule 1 to EA 2002 (dissolution of school governing body on discontinuance of school), after sub-paragraph (1) insert—
Standards
Part 1 of EA 2005 (school inspections and other inspections by school inspectors) is amended as set out in subsections (2) to (8).
In section 5 (duty to inspect certain schools at prescribed intervals)—
in subsection (2), for “subsection (3)” substitute “ subsections (3) and (4A) ”;
after subsection (4), insert—
omit “to which section 5 applies”;
for “that section” substitute “ section 5 ”.
In section 8 (other inspections), at the end insert—
the existing provision is renumbered subsection (1);
at the end insert—;
in the heading, for “of Chief Inspector” substitute “ or duty ”.
In section 12 (interpretation of Chapter 1), after the definition of “the Chief Inspector” insert—.
In section 121 of EA 2005 (parliamentary control of subordinate legislation)—
in subsection (2)(a), after “subsection” insert “ (2A) or ”;
after subsection (2) insert—
In section 5 of EA 2005 (duty to inspect certain schools at prescribed intervals), for subsections (5) and (5A) (matters for report), substitute—
In consequence of subsection (1), section 154 of EIA 2006 (amendments of section 5(5) of EA 2005) is repealed.
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).
In section 125 (inspection of further education institutions)—
in subsection (1), at the end insert “ subject to subsection (1A) ”;
after that subsection insert—;
in subsection (2), for “The inspections” substitute “ Inspections under subsection (1) ”.
Section 126 (other inspections) is amended as set out in subsections (4) to (9).
After subsection (1), insert—
After subsection (2) insert—
In subsection (3), after “this section” insert “ conducted in any other case ”.
In subsection (4), after “subsection (1)” insert “ or (1A) ”.
After subsection (5) insert—
At the end, insert—
In section 127 (action plans), in subsection (1) at the end insert “ or (1A) ”.
In section 182 of EIA 2006 (parliamentary control of orders and regulations)—
in subsection (2), after paragraph (a) insert—;
after subsection (2) insert—;
in subsection (3), after paragraph (a) insert—.
Part 12 of the Children Act 1989 (miscellaneous and general) is amended as follows.
In section 87 (welfare of children in boarding schools and colleges)—
after subsection (1), insert—;
in subsection (3), for “he is accommodated” substitute “ accommodation for the child is provided ”;
after subsection (3), insert—;
in subsection (5), for “its duty” substitute “ any of its functions ”;
in subsection (9A), for “he is accommodated” substitute “ accommodation for the child is provided ”.
In section 87A (suspension of duty under section 87(3))—
in subsection (1)(b), for “they are accommodated” substitute “ accommodation for the children is provided ”;
after subsection (4) insert—
After section 87B insert—
In section 87C (boarding schools: national minimum standards), in subsection (1), for “in” substitute “ by ”.
Part 4 of EIA 2006 (schools causing concern: England) is amended as follows.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Sections 206 to 224 of ASCLA 2009 (complaints against schools in England) are repealed.
In consequence of subsection (1)—
in section 409 of EA 1996 (complaints and enforcement: maintained schools)—
in subsection (1), after “authority” insert “ in Wales ” and after “schools” insert “ in Wales ”;
in subsection (4), for “Secretary of State” substitute “ Welsh Ministers ”;
in the heading, after “schools” insert “ in Wales ”;
in section 496 of EA 1996 (power of Secretary of State to prevent unreasonable exercise of functions), omit subsections (3) and (4);
in section 497 of EA 1996 (Secretary of State's general default powers), omit subsections (4) and (5);
in paragraph 6 of Schedule 1 (pupil referral units: complaints)—
in sub-paragraph (3), after “local authority” insert “ in Wales ” and after “unit” insert “ in Wales ”;
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 ”;
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);
in section 262(6) of ASCLA 2009 (statutory instruments subject to affirmative procedure), omit paragraph (f);
in Schedule 16 to ASCLA 2009 (repeals and revocations), omit Part 7 (complaints);
section 22 of CSFA 2010 (amendments of sections 207 and 216 of ASCLA 2009) is repealed.
Finance
In Schedule 14 to SSFA 1998 (revision of local authority schemes), in paragraph 2A, at the end insert—
Section 37 of EA 2002 (payments in respect of dismissal, etc) is amended as follows.
After subsection (7), insert—
In subsection (8), after “maintained school” insert “ in Wales ”.
Section 456 of EA 1996 (regulation of permitted charges) is amended as follows.
In subsection (4), after paragraph (a) insert—.
In subsection (5), for “subsection (6)” substitute “ subsections (6) and (6A) ”.
After subsection (6), insert—
Further education institutions
Schedule 12 (further education institutions: amendments) has effect.
Pupil referral units
Section 45 of SSFA 1998 (financing of maintained schools: maintained schools to have budget shares) is amended as follows.
In subsection (1A), omit “or” at the end of paragraph (b), and after paragraph (c) insert
In subsection (3)—
in paragraph (a), after “pupil referral units” insert “ in Wales ”;
after paragraph (a) insert—.
ASCLA 2009 is amended as set out in subsections (2) and (3).
In section 249 (short stay schools: miscellaneous)—
omit subsections (1) and (2) (change of name from pupil referral unit to short stay school);
for the heading, substitute “ Regulations about pupil referral units ”.
For the italic cross-heading above section 249, substitute “ Pupil referral units ”.
In Schedule 1 to EA 1996 (pupil referral units), in paragraph 3A—
in sub-paragraph (a), for “short stay school” substitute “ pupil referral unit ”;
in sub-paragraph (b), for “short stay schools”, in both places where it occurs, substitute “ pupil referral units ”.
Academies
Academy arrangements
In section 1(6) of AA 2010 (Academy arrangements: characteristics of Academy) omit paragraph (b) (curriculum to have emphasis on particular subject area).
Section 1 of AA 2010 (Academy arrangements) is amended as set out in subsections (2) to (6).
For subsection (5) substitute—
Omit subsection (6).
In subsection (7), for “a school within subsection (5)(a)(i)” substitute “ an educational institution within section 1A(1) ”.
In subsection (9), for “school” (in both places) substitute “ institution ”.
In subsection (10), for “A school” substitute “ An educational institution ”.
After section 1 of AA 2010 insert—
Schedule 13 (16 to 19 Academies and alternative provision Academies: consequential amendments) has effect.
The Secretary of State may by order make further changes in consequence of section 53 to any provision of—
an Act passed before, or in the same Session as, this Act;
subordinate legislation made before the date on which this Act is passed.
“Subordinate legislation” has the meaning given by section 21(1) of the Interpretation Act 1978.
Academy orders
Section 4 of AA 2010 (Academy orders) is amended as follows.
After subsection (1), insert—
In subsection (4)—
at the end of paragraph (a), omit “and”;
at the end insert
In subsection (5)—
at the end of paragraph (a), omit “and”;
at the end insert
At the end, insert—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
AA 2010 is amended as follows.
In section 3 (application for Academy order) after subsection (5) insert—
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 ”.
In section 7 (transfer of school surpluses)—
in subsection (6)(a), after “made available” insert “ in respect of the school ”;
in subsection (6), at the end, insert “ This subsection is subject to subsection (9). ”;
in subsection (7), for “to a school's” substitute “in respect of a school to the school's”;
after subsection (8) insert—
In section 17 (interpretation of Act), in subsection (2), after the definition of “the conversion date” insert—.
In section 6 of AA 2010 (effect of Academy order), after subsection (2) insert—
Section 8 of AA 2010 (transfer of other property) is amended as follows.
For subsection (2) substitute—
In subsections (3) to (10), for “property transfer scheme” (in each place) substitute “ transfer scheme ”.
In subsection (4), for “the proprietor of the Academy” substitute “ a person concerned with the running of the Academy ”.
For the heading substitute “ Transfer schemes: other property, rights and liabilities ”.
Academies: other provisions
For section 9 of AA 2010 (impact: additional schools) substitute—
For section 10 of AA 2010 (consultation: additional schools) substitute—
After section 10 of AA 2010 insert—
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).
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 ”.
After section 124A, insert—
In consequence of the amendments made by subsections (2) and (3)—
in the title to Part 5A of SSFA 1998, for “Employment of Teachers” substitute “ Teachers and Staff ”;
in section 138 of SSFA 1998 (orders and regulations), in subsection (2)(a), after “111(3)(a)” insert “ , 124AA(2) ”;
in paragraph 4 of Schedule 22 to the Equality Act 2010 (educational appointments etc based on religious belief), at the end insert—
Schedule 14 (Academies: land) has effect.
Chapter 1 of Part 3 of SSFA 1998 (school admissions: admission arrangements) is amended as follows.
In section 88 (admission authorities and admission arrangements)—
in subsection (1), omit the “and” at the end of paragraph (a);
in that subsection, at the end, insert;
in subsection (2), omit “maintained”.
In section 88H (reference of objections to adjudicator), after subsection (1) insert—
In section 88I (other functions of adjudicator relating to admission arrangements), in subsection (1)—
after “determined” insert;
at the end insert
In section 88K (sections 88H and 88I: supplementary)—
in subsection (4)(a), after “England” insert “ or an Academy ”;
in subsection (5), for the words from “means” to the end substitute
Schedule 15 (Academies: minor amendments) has effect.
Post-16 education and training
Abolition of the Young People's Learning Agency for England
Schedule 16 (abolition of the YPLA: consequential amendments) has effect.
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.
“Subordinate legislation” has the meaning given by section 21(1) of the Interpretation Act 1978.
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
ASCLA 2009 is amended as follows.
After section 83 insert—
Schedule 18 (consequential amendments) has effect.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
ASCLA 2009 is amended as follows.
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. ”
For section 6 (apprenticeship certificates: the English certifying authority) substitute—
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
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part 4 of ASCLA 2009 (the Chief Executive of Skills Funding) is amended as follows.
In section 88 (learning aims for persons aged 19 or over: payment of tuition fees)—
in subsection (1), for “paragraph 1” substitute “ paragraph 1(a) or (b) ”;
after subsection (2), insert—;
in subsection (4)(a), for “25” substitute “ 24 ”.
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
In section 173 of ESA 2008 (commencement), for subsections (9) and (10) substitute—
Direct payments
In Chapter 2 of Part 9 of EA 1996 (ancillary functions of local authorities) after section 532 insert—
In section 568 of EA 1996 (orders)—
in subsection (3), after “other than” insert “ an order to which subsection (3A) applies or ”;
after subsection (3) insert—
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.
Student finance
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—.
In consequence of subsection (1)—
in section 22 of THEA 1998, omit subsections (8) and (9);
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).
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.
In subsection (3) “prescribed”—
in relation to England, means prescribed by regulations made by the Secretary of State;
in relation to Wales, means prescribed by regulations made by the Welsh Ministers.
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General
A power to make an order or regulations under this Act is exercisable by statutory instrument.
A power to make an order or regulations under this Act (except a power conferred by section 82) includes power—
to make different provision for different purposes (including different areas);
to make provision generally or in relation to specific cases;
to make incidental, consequential, supplementary, transitional, transitory or saving provision.
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.
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.
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.
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.
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.
This Act extends to England and Wales only, subject to subsections (2) and (3).
This Part extends to the whole of the United Kingdom.
An amendment or repeal made by this Act has the same extent as the provision to which it relates.
The following provisions come into force on the day on which this Act is passed—
section 33;
section 41;
section 58;
section 75;
this Part.
The following provisions come into force at the end of two months beginning with the day on which this Act is passed—
section 6;
section 47;
section 48;
section 61.
The other provisions of this Act come into force on such day as the Secretary of State may by order appoint.
Before making an order bringing section 13 into force, the Secretary of State must consult the Welsh Ministers.
An order under this section may—
appoint different days for different purposes (including different areas);
contain transitional, transitory or saving provision in connection with the coming into force of this Act.
This Act may be cited as the Education Act 2011.
This Act is to be included in the list of Education Acts set out in section 578 of EA 1996.
Review of exclusions from schools in England: consequential amendments
Local Government Act 1972 (c. 70)
In section 177 of the Local Government Act 1972 (provisions supplementary to provisions on allowances), in subsection (1A)—
before paragraph (c) insert—;
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)
In section 25 of the Local Government Act 1974 (authorities subject to investigation), in subsection (5)(e)—
for “appeal” substitute “ review ”;
for “section 52” substitute “ section 51A ”.
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)
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
EA 1996 is amended as follows.
In section 444ZA (application of section 444 to alternative educational provision), in subsection (1D), in paragraph (a), for “section 52” substitute “ section 51A ”.
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
Section 87 of SSFA 1998 (no requirement to admit children permanently excluded from two or more schools) is amended as follows.
After subsection (3) insert—
In subsection (4), in the opening words—
omit “However,”;
after “a school” insert “ in Wales ”.
Equality Act 2010 (c. 15)
Schedule 17 to the Equality Act 2010 (disabled pupils: enforcement) is amended as follows.
In the heading above paragraph 14, at the end insert “ : Wales ”.
In paragraph 14 (exclusions)—
in sub-paragraph (1), at the end insert “ that are made in relation to schools in Wales ”;
for sub-paragraph (4), substitute—;
in sub-paragraph (5), omit paragraph (b).
Abolition of the GTCE: consequential amendments
Amendments to THEA 1998
THEA 1998 is amended as follows.
In the heading to Chapter 1, for “Councils” substitute “ Council for Wales ”.
In the italic cross-heading above section 1, for “England” substitute “ Wales: aims and constitution ”.
In the italic cross-heading above section 2, for “England” substitute “ Wales ”.
In section 2, in the heading, for “General Teaching Council for England” substitute “ the Council ”.
In the italic cross-heading above section 8, at the beginning insert “ Establishment of ”.
In section 8 (the General Teaching Council for Wales)—
in subsection (2), omit “as it has effect in relation to the Council,”;
omit subsections (3) to (6);
in the heading, at the beginning insert “ Establishment of ”.
In section 9 (functions of the General Teaching Council for Wales: general)—
omit subsection (1);
in subsection (2), for “the General Teaching Council for Wales” substitute “ the Council ”.
In section 12 (deduction of fees from salaries, etc)—
in subsection (1)(b), omit “relevant”;
in subsection (3), in paragraphs (b) and (c), omit “relevant”;
in subsection (4), omit the definition of “relevant Council”.
In section 14 (supply of information relating to teachers: general)—
for subsection (1) substitute—
in subsection (2), for “Each of those Councils” substitute “ The Council ”;
in subsection (3), for “either” substitute “ the ”;
omit subsection (4).
In section 15 (supply of information following dismissal, resignation, etc)—
omit subsection (2);
in subsection (3)—
omit the words from the beginning to “in Wales,”;
for “the General Teaching Council for Wales” substitute “ the Council ”.
in subsection (5), in the definition of “relevant employer”, at the end of each of paragraphs (a), (b), (c) and (d) insert “ in Wales ”.
In section 15A (supply of information by contractor, agency, etc)—
in subsection (2), for “Subsections (3) and (4) apply” substitute “ Subsection (4) applies ”;
omit subsections (3), (5) and (7);
in subsection (4)—
omit the words from the beginning to “in Wales,”;
for “the General Teaching Council for Wales” substitute “ the Council ”.
In the italic cross-heading above section 19, at the end insert “ : teachers in Wales ”.
In section 19 (requirement to serve induction period)—
in subsection (1), after “schools” insert “ in Wales ”;
in subsection (2)(i), for “either the Council or the General Teaching Council for Wales” substitute “ the Council ”;
in subsection (3)—
omit the words from the beginning to “established,”;
for “one or both of those Councils (as appropriate)” substitute “ the Council ”;
in subsection (4)(b), omit “or the General Teaching Council for Wales”.
In section 42 (orders and regulations)—
omit subsection (3);
in subsection (9)—
omit the words from the beginning to “established,”;
omit “to which the regulations will relate”.
Schedule 1 is amended as follows.
In the title, for “England” substitute “ Wales ”.
In paragraph 2, omit sub-paragraph (3).
In paragraph 4(1)—
in paragraph (a), for “the Secretary of State” substitute “ they ”;
for paragraph (b) substitute—
For paragraph 4(2) substitute—
In paragraph 4(3), for “the Secretary of State” substitute “ they ”.
In paragraph 4(4), for “the Secretary of State” substitute “ they ”.
In paragraph 5, omit sub-paragraph (4).
In paragraph 6—
in sub-paragraph (1), omit “, with the consent of the Secretary of State,”;
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. ”
In paragraph 11, omit sub-paragraph (1).
In Schedule 2 (disciplinary powers of Council), in paragraph 7 (supplementary provisions) for sub-paragraph (2) substitute—
Amendments to other Education Acts
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).
EA 2002 is amended as follows.
In section 132 (qualified teacher status), omit subsection (3) (consultation of GTCE).
In section 134 (requirement to be registered)—
in subsection (1)—
after “school” insert “ in Wales ”;
after “General Teaching Council” insert “ for Wales ”;
in subsection (2), after “person” insert “ in Wales ”;
in subsection (3), after “qualified teacher” insert “ in Wales ”;
in the heading, at the end insert “ : teachers in Wales ”.
In section 145 (specification of qualification or course), in subsection (1)(c), omit “the General Teaching Council for England,”.
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)).
In ESA 2008—
in section 130 (directions prohibiting participation in management: information), in subsection (5), omit “the General Teaching Council for England,”;
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
In Schedule 1 to the Public Records Act 1958 (definition of public records), in Part 2, omit “General Teaching Council for England.”
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.”
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.”
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).
In Schedule 1 to the Freedom of Information Act 2000 (public authorities), in Part 6 omit “The General Teaching Council for England.”
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).
The Safeguarding Vulnerable Groups Act 2006 is amended as follows.
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 ”.
In section 45 (supervisory authorities: duty to refer), in subsection (7), after paragraph (a) insert—.
In Schedule 3 (barred lists), in paragraph 16 (representations), in sub-paragraph (4)—
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 ”;
omit paragraph (a).
In Schedule 8 (transitional provision), in paragraph 2 (existing restrictions relating to children)—
in sub-paragraph (3), omit paragraphs (a) and (c);
in sub-paragraph (4), for “(3)(c) and (d)” substitute “ (3)(d) ”;
in sub-paragraph (7), for “(3)(c) and (d)” substitute “ (3)(d) ”.
Abolition of the GTCE: transfer schemes
Staff transfer schemes
The Secretary of State may make a scheme (a “staff transfer scheme”) providing—
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);
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;
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;
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.
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).
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.
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.
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
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.
A property transfer scheme may—
create rights, or impose liabilities, in relation to property or rights transferred by virtue of the scheme;
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;
apportion property, rights and liabilities;
make provision about the continuation of legal proceedings.
The things that may be transferred by a property transfer scheme include—
property, rights and liabilities that could not otherwise be transferred;
property acquired, and rights and liabilities arising, after the making of the scheme.
Continuity
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.
A staff transfer scheme or a property transfer scheme may include supplementary, incidental, transitional and consequential provision.
Interpretation
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.
Offence of breach of reporting restrictions: application to providers of information society services
After Schedule 11A to EA 2002 (inserted by section 8), insert—
Abolition of the TDA: consequential amendments
Public Records Act 1958 (c. 51)
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)
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)
House of Commons Disqualification Act 1975 (c. 24)
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)
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
Part 1 of EA 1994 (teacher training) is amended as follows.
Section 11A (general duty of Secretary of State and Welsh Ministers with respect to teacher training) is repealed.
In section 18B (inspection of teacher training), in subsections (3) and (8), for “Training and Development Agency for Schools” substitute “ Secretary of State ”.
In section 18C (inspection of teacher training in Wales), in subsection (12)(b), omit “or the Training and Development Agency for Schools”.
EA 1996
EA 1996 is amended as follows.
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 ”.
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)
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THEA 1998
Section 26 of THEA 1998 (imposition of conditions as to fees at further or higher education institutions) is amended as follows.
In subsection (3)—
omit “81(1), 82(1) or”;
omit paragraph (c) and the “or” preceding it;
omit “78 or”.
In subsection (11)—
omit “or the Training and Development Agency for Schools”;
in paragraph (b), omit “or that Agency”.
Government of Wales Act 1998 (c. 38)
Section 145B of the Government of Wales Act 1998 (studies at request of educational bodies) is amended as follows.
In the Table in subsection (1), omit the entry for a training provider receiving financial support under section 78 of the Education Act 2005.
Omit subsection (1A).
In subsection (2), for “Subsections (1) and (1A) do” substitute “ Subsection (1) does ”.
In subsection (3), omit “or (1A)”.
Freedom of Information Act 2000 (c. 36)
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
In section 145 of EA 2002 (specification of qualification or course)—
in subsection (1)(c), omit “the Training and Development Agency for Schools,”;
in subsection (3), omit “the Training and Development Agency for Schools or”.
HEA 2004
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EA 2005
EA 2005 is amended as follows.
Section 99 (introduction of Schedule 15) is repealed.
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.
Schedule 15 (transitional and transitory provisions relating to Part 3) is repealed.
Abolition of the TDA: transfer schemes
Staff transfer schemes
The Secretary of State may make a scheme (a “staff transfer scheme”) providing—
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);
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;
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;
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.
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).
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.
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.
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
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.
A property transfer scheme may—
create rights, or impose liabilities, in relation to property or rights transferred by virtue of the scheme;
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;
apportion property, rights and liabilities;
make provision about the continuation of legal proceedings.
The things that may be transferred by a property transfer scheme include—
property, rights and liabilities that could not otherwise be transferred;
property acquired, and rights and liabilities arising, after the making of the scheme.
Continuity
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.
A staff transfer scheme or a property transfer scheme may include supplementary, incidental, transitional and consequential provision.
Interpretation
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.
The Chief Regulator of Qualifications and Examinations
Amendments to Schedule 9 to ASCLA 2009
Schedule 9 to ASCLA 2009 (the Office of Qualifications and Examinations Regulation) is amended as follows.
Paragraph 2 (membership) is amended as follows.
In sub-paragraph (1)—
before paragraph (a), insert—;
in paragraph (a), for “Her Majesty by Order in Council to chair Ofqual,” substitute “ the Secretary of State to chair Ofqual (“the chair”), and ”;
omit paragraph (c) and the “and” immediately before it.
In sub-paragraph (2), for “to chair” substitute “ as the chief executive of ”;
In sub-paragraphs (3) to (6), for “Chief Regulator”, wherever occurring, substitute “ chair ”.
Paragraph 3 (the Chief Regulator) is amended as follows.
In sub-paragraph (6), for “Chief Regulator” substitute “ the chief executive of Ofqual (whether before or after the relevant commencement date) ”.
After sub-paragraph (6) insert—
After paragraph 3 insert—
In paragraph 4 (the deputy and other ordinary members: tenure), in sub-paragraphs (7) to (11), for “Chief Regulator”, wherever occurring, substitute “ chair ”.
In the heading before paragraph 5, for “Chief Regulator and ordinary members” substitute “ members ”.
Paragraph 5 (remuneration of members of Ofqual) is amended as follows.
In sub-paragraph (1), for “Chief Regulator and any of the ordinary members” substitute “ members of Ofqual ”.
In sub-paragraph (2), for “current or former Chief Regulator or” substitute “ person who is or has been the chair or an ”.
In sub-paragraph (3), for “Chief Regulator or an ordinary member” substitute “ a member of Ofqual ”.
In sub-paragraph (4), for “this paragraph” substitute “ sub-paragraph (1), (2) or (3) ”.
After sub-paragraph (4) insert—
For the heading before paragraph 6 substitute “ Staff ”.
Paragraph 6 (staff of Ofqual) is amended as follows.
Omit sub-paragraphs (1) to (3).
In sub-paragraphs (4) and (5)(a), omit “other”.
Consequential amendments
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 ”.
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 ”.
Abolition of the QCDA: consequential amendments
Public Records Act 1958 (c. 51)
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)
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)
House of Commons Disqualification Act 1975 (c. 24)
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
EA 1996 is amended as follows.
In section 391 (functions of religious education advisory councils) for subsection (10) substitute—
In section 408(1)(a) (provision of information relevant for particular purposes) for “Parts 7 and 8” substitute “ Part 7 ”.
EA 1997
Section 35 of EA 1997 (transfer of staff to QCDA) is repealed.
LSA 2000
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)
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
EA 2002 is amended as follows.
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 ”.
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).
Section 90 (development work and experiments) is amended as follows.
In subsection (3)—
after paragraph (a) insert “ or ”;
omit paragraph (c) (and the “or” immediately before it).
In subsection (4) omit the words after “by the governing body”.
In subsection (5), for paragraph (b) substitute—
In subsection (5A) for “the reviewing body” substitute “ a person designated for the purposes of this subsection by the Secretary of State ”.
Omit subsection (5B).
In subsection (5C) for “subsection (5B)” substitute “ subsection (5)(b) or (5A) ”.
For section 96 substitute—
Childcare Act 2006 (c. 21)
The Childcare Act 2006 is amended as follows.
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).
Section 46 (power to enable exemptions from learning and development requirements to be conferred) is amended as follows.
In subsection (1B) for “the reviewing body” substitute “ a person designated by the Secretary of State for the purposes of this subsection ”.
Omit subsection (1C).
In subsection (1D) for “subsection (1C)” substitute “ subsection (1B) ”.
EIA 2006
EIA 2006 is amended as follows.
In section 74(1) (curriculum requirements for the fourth key stage)—
in the new section 85 to be inserted into EA 2002, in subsection (6) for “Qualifications and Curriculum Authority” substitute “ Secretary of State ”;
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)
In section 21(10) of the Safeguarding Vulnerable Groups Act 2006 (controlled activity relating to children) omit paragraph (d).
ASCLA 2009
ASCLA 2009 is amended as follows.
In section 129(4) (persons who provide information to which Ofqual required to have regard) omit paragraph (a).
Section 173 and Schedule 10 (QCDA staff and property transfer schemes) are repealed.
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).
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.
Abolition of the QCDA: transfer schemes
Staff transfer schemes
The Secretary of State may make a scheme (a “staff transfer scheme”) providing—
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);
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;
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;
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.
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).
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.
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.
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
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.
A property transfer scheme may—
create rights, or impose liabilities, in relation to property or rights transferred by virtue of the scheme;
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;
apportion property, rights and liabilities;
make provision about the continuation of legal proceedings.
The things that may be transferred by a property transfer scheme include—
property, rights and liabilities that could not otherwise be transferred;
property acquired, and rights and liabilities arising, after the making of the scheme.
Continuity
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.
A staff transfer scheme or a property transfer scheme may include supplementary, incidental, transitional and consequential provision.
Interpretation
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.
School admissions: consequential amendments
Amendments consequential on the amendments to section 85A (admission forums)
Part 3 of SSFA 1998 (school admissions) is amended as follows.
Section 85B (functions of admission forums in relation to Academies) is repealed.
In section 88F (sections 88C to 88E: supplementary), in subsection (3), omit paragraph (f) (but not the “and” following it).
In section 88Q (reports under section 88P: provision of information), in subsection (2), omit paragraph (b).
In EA 2002, section 66 (insertion of section 85B of SSFA 1998: admissions forums in relation to Academies) is repealed.
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)
Part 3 of SSFA 1998 (school admissions) is amended as follows.
In section 88K (sections 88H to 88J: supplementary)—
in subsection (1)—
at the end of paragraph (a), insert “ or ”;
omit paragraph (c) (and the “or” preceding it);
for subsection (3), substitute—;
in subsection (4)(a)(ii), for “to 88J” substitute “ , 88I ”;
in subsection (5), for “sections 88I and 88J” substitute “ section 88I ”;
in the heading, for “to 88J” substitute “ and 88I ”.
Section 88L (restriction on alteration of admission arrangements following adjudicator's decision) is repealed.
Establishment of new schools
Amendments to Part 2 of EIA 2006
Part 2 of EIA 2006 (establishment, discontinuance and alteration of schools) is amended as follows.
Before section 7 insert—
In section 7 (invitation for proposals for establishment of new schools)—
in subsection (1), after “may” insert “ with the consent of the Secretary of State ”;
in subsection (5), omit paragraph (b) and the “and” immediately before it;
omit subsection (5A);
in subsection (6), insert “ and ” at the end of paragraph (a) and omit paragraph (c) and the “and” immediately before it.
After section 7 insert—
Section 10 (publication of proposals with consent of Secretary of State) is amended as follows.
In subsection (1), for the words from “(otherwise” to the end substitute
In subsection (2)—
after “voluntary” insert “ controlled ”;
in paragraph (b), for “(2)(b) or (c)” substitute “ (2) ”.
Section 11 (publication of proposals to establish maintained schools: special cases) is amended as follows.
Before subsection (1) insert—
After subsection (1) insert—
In subsection (2)—
after “voluntary” insert “ controlled ”;
before paragraph (b) insert—.
After subsection (2) insert—
In subsection (3), after “voluntary” insert “ controlled ”.
In subsection (7), after “subsection” insert “ (1A) or ”.
For subsection (9) substitute—
In section 11A(1) (restriction on power of governing body to make proposals), for “11(2)” substitute “ 11(1A) or (2) ”.
In section 12 (establishment of school as a federated school), in subsection (1), after “new” insert “ maintained ”.
Schedule 2 (consideration, approval and implementation of proposals for establishment or discontinuance of schools in England) is amended as follows.
After paragraph 3 insert—
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,”.
In paragraph 5(b) (requirement to forward objections and comments made in relation to proposals)—
for “referred to” substitute “ to be considered by the Secretary of State or ”;
after “forward to” insert “ the Secretary of State or (as the case may be) ”.
In the heading to Part 2, omit “by Local Authority or Adjudicator”.
For the heading before paragraph 6 substitute “ Consideration of proposals ”.
Before paragraph 6 insert—
After paragraph 7 insert—
Omit the heading before paragraph 8.
In paragraph 9 (consideration of proposals that are related to other proposals), for sub-paragraph (2) substitute—
In paragraph 10(1) (duty to refer to adjudicator certain proposals made by or involving relevant authority), for paragraph (a) substitute—.
In paragraph 12 (duty to refer proposals to adjudicator in pursuance of direction of Secretary of State)—
in sub-paragraph (1)(a)—
after “section 7” insert “ and which require consideration under paragraph 8 ”;
after “determined by the authority” insert “ under that paragraph ”;
in sub-paragraph (1)(b), after “that section” insert “ and which require consideration under paragraph 8, ”;
omit sub-paragraphs (2) and (3).
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 ”.
Omit paragraph 18 and the heading before it (consultation in respect of proposals to establish Academy).
In paragraph 19(4) (determination whether or not to implement proposals under section 15 not requiring consideration under paragraph 8)—
after paragraph (a) insert—;
in paragraph (b), omit “7,”.
Omit paragraph 27 (proposals relating to Academy: implementation).
Other amendments
In Schedule 2 to AA 2010 (Academies: amendments), omit paragraph 22.
Further education institutions: amendments
Amendments to FHEA 1992
FHEA 1992 is amended as follows.
After section 16 insert—
Section 19 (supplementary powers of further education corporations) is amended as follows.
In subsection (4)(c), for “27” substitute “ 27C or 33P ”.
In subsection (4A), after “exercised” insert“ by a further education corporation in Wales ”.
In subsection (4AA), after “exercised” insert“ by a further education corporation in Wales ”.
In subsection (4AB), for “appropriate authority consents” substitute“ Welsh Ministers consent ”.
Omit subsection (4AC).
In subsection (4B)—
after “exercised” insert“ by a further education corporation in Wales ”;
omit “the Chief Executive of Skills Funding or”.
In subsection (4C), omit “the Chief Executive or” and “(as the case may be)”.
In subsection (5)—
after “exercised” insert“ by a further education corporation in Wales ”;
for “appropriate body” substitute“ Welsh Ministers ”.
Section 19A (duty in relation to promotion of well-being of local area) is repealed.
In section 20 (constitution of further education corporation and conduct of further education institution), for subsection (2) substitute—
For section 22 substitute—
For section 27 substitute—
For section 29 substitute—
In section 31 (designated institutions conducted by companies), omit subsection (2A)(a).
Section 33C (establishment of new bodies corporate as sixth form college corporations) is amended as follows.
In subsection (2), for “the responsible local authority” substitute “ a person or body (“the proposer”) ”.
In subsection (3)(a), for “authority have” substitute “ proposer has ”.
In subsection (3)(c)—
for “authority have” substitute “ proposer has ”;
for “them” substitute “ the proposer ”.
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) ”.
In section 33F (supplementary powers of a sixth form college corporation)—
in subsection (6)(e)(ii), for “27” substitute “ 27C or 33P ”;
omit subsection (7);
in subsection (10), omit “or section 33G”.
Section 33G (restrictions on exercise of supplementary powers of sixth form college corporations) is repealed.
Section 33H (duty in relation to promotion of well-being of local area) is repealed.
In section 33I(2) (instrument and articles of government of sixth form college corporations)—
in paragraph (a), after “requirements of” insert“ Part 2 of ”;
for paragraph (b) substitute—
Section 33J (special provision for certain institutions) is amended as follows.
After subsection (1) insert—
In subsection (3)—
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 ”;
for “a reference” substitute “ references ”.
In section 33K (instrument and articles of new sixth form college corporation)—
in subsection (1), for “YPLA” substitute “ Secretary of State by order ”;
for subsection (2) substitute—
For section 33L substitute—
For section 33N substitute—
In section 38 (payments in respect of loan liabilities), in subsection (2), for “YPLA” in both places substitute “ Secretary of State ”.
Section 49A (guidance about consultation with students and employees), as it has effect in relation to England, is repealed.
Section 51 (publication of proposals) is repealed.
In section 53 (inspection of accounts), in subsection (2)—
after “section 15ZA” insert “ or 18A ”;
omit “61 or”.
Section 56A (intervention by Chief Executive of Skills Funding) is amended as follows.
In subsection (1), for the words from “Chief Executive of Skills Funding” to “Executive”)” substitute “ Secretary of State ”.
In subsection (3), for “Chief Executive” substitute “ Secretary of State ”.
Omit subsection (4).
In subsections (5) and (6), for “Chief Executive”, wherever occurring, substitute “ Secretary of State ”.
In subsection (7), after “include” insert “ — (a) ” and at the end insert—
For subsection (9) substitute—
Omit subsection (10).
Section 56AA (appointment by Chief Executive of Skills Funding of members of governing body of further education institution) is repealed.
Section 56B (intervention policy: England) is repealed.
Section 56C (directions) is repealed.
Section 56D (notification by local authority or YPLA of possible grounds for intervention) is repealed.
Section 56E (intervention by local authority) is amended as follows.
In subsection (1), for “responsible local authority are” substitute “ Secretary of State is ”.
In subsection (3), for “authority” substitute “ Secretary of State ”.
For subsection (4) substitute—
In subsection (5)—
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 ”;
in paragraph (a), for “authority are” substitute “ Secretary of State is ”;
in paragraph (b), for “authority have” substitute “ Secretary of State has ”.
In subsection (6)—
for “The authority” substitute “ The Secretary of State ”;
in paragraph (c), for “authority think” substitute “ Secretary of State thinks ”.
In subsection (7), after “include” insert “ — (a) ” and at the end insert—
For subsection (9) substitute—
Omit subsection (10).
In the heading, for “local authorities” substitute “ Secretary of State ”.
Section 56F (appointment by local authorities of members of sixth form college governing body) is repealed.
Section 56G (intervention policy: sixth form colleges) is repealed.
Section 56H (intervention by YPLA) is repealed.
Section 56I (appointment by YPLA of members of sixth form college governing body) is repealed.
Section 56J (notification by Chief Executive of Skills Funding of possible grounds for intervention) is repealed.
Section 82 (joint exercise of functions) is amended as follows.
For subsection (1) substitute—
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 ”.
In subsection (3)(a) omit “the YPLA,”.
In section 83 (efficiency studies), in the table in subsection (1B), for “YPLA” substitute “ Secretary of State ”.
In section 88 (stamp duty)—
for “27” substitute “ 27B, 27C ”;
for “33N” substitute “ 33P ”.
In section 88A (stamp duty land tax)—
for “27” substitute “ 27B, 27C ”;
for “33N” substitute “ 33P ”.
Section 89 (orders, regulations and directions) is amended as follows.
In subsection (2)—
for “22, 29(6) and (8)” substitute “ 22ZA(1) and (4), 29A(3)(c), 29C(4) ”;
after “33A(5)(b)” insert “ 33J(2), 33K(1), ”;
omit “or section 33L”.
In subsection (3), after “subsection (3A)” insert “ or (3B) ”.
After subsection (3A) insert—
Section 90 (interpretation) is amended as follows.
In subsection (1)—
after the definition of “further education” insert—;
omit the definitions of “the responsible local authority” and “the YPLA”.
Omit subsection (2ZA).
In section 92 (index)—
after the entry for “further education corporation” insert—
omit the entries for “responsible local authority” and “the YPLA”.
For Schedule 4 substitute—
Other amendments
LSA 2000 is amended as follows.
In section 110 (secondary education), in subsection (5), for “51(3A)” substitute “ 16A(2) ”.
In section 143 (further education sector: designated institutions), in subsection (6)(b), for “section 29” substitute “ any of sections 29 to 29C ”.
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—
in subsection (1)—
after “further education sector” insert“ in Wales ”;
for “appropriate authority” substitute“ Welsh Ministers ”;
omit subsection (3).
ASCLA 2009 is amended as follows.
In section 256 (further education corporations in England: co-operation and promotion of well-being), omit subsection (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).
In Schedule 8 (sixth form college sector), omit paragraphs 7 and 11(3).
16 to 19 Academies and alternative provision Academies: consequential amendments
AA 2010
AA 2010 is amended as follows.
In section 4(3) (Academy orders: when maintained school is “converted into” Academy) for “a school” substitute “ an educational institution ”.
Section 6 (effect of Academy order) is amended as follows.
In subsection (2), for “a school” substitute “ an educational institution ”.
In subsection (3) —
after “selective school” insert “ and is to be converted into an Academy school ”;
for “section 1(6)(c)” substitute “ section 1A(1)(c) ”;
for “a school” substitute “ an educational institution ”.
In subsection (5)—
at the beginning insert “ If the Academy is an Academy school, ”;
for “the Academy” substitute “ it ”.
In subsection (7), after “the school” insert “ (a) ” and at the end insert “, and
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 ”.
In paragraph 10 (power of Secretary of State to make direction where Academy order made)—
in sub-paragraph (1)(b), for “Academy” substitute “ Academy school ”;
in sub-paragraph (3)(c), for “Academy” substitute “ Academy school ”.
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
The Children Act 1989 is amended as follows.
In section 62 (voluntary organisations providing accommodation: duties of local authorities), in subsection (10), after “1992,” insert “ a 16 to 19 Academy ”.
In section 80 (inspection of children's homes etc by persons authorised by Secretary of State)—
in subsection (5), after paragraph (dc) insert—;
in subsection (13), in the definition of “college”, after “1992” insert “ or a 16 to 19 Academy ”;
in subsection (13), at the end insert—
In section 87 (welfare of children in boarding schools and colleges)—
in subsection (10), in the definition of “college”, after “1992 Act” insert “ or a 16 to 19 Academy ”;
in subsection (11), after paragraph (c) insert—
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—
FHEA 1992 is amended as follows.
In section 85A (nuisance or disturbance on educational premises)—
in subsection (2), omit the “and” after paragraph (a) and after paragraph (b) insert;
in subsection (4), omit the “and” after paragraph (a) and after paragraph (b) insert;
in subsection (6), omit the “and” after paragraph (a) and after paragraph (b) insert
In section 85AA (power of members of staff to search students for prohibited items: England)—
in subsection (1), after “England” insert “ , or a 16 to 19 Academy, ”;
in subsection (6), in the definition of “member of staff”, after “further education sector” insert “ or a 16 to 19 Academy ”.
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, ”.
In section 85C (power of members of staff to use force)—
in subsection (1), after “further education sector” insert “ or is a 16 to 19 Academy ”;
in subsection (5), after “further education sector” insert “ or a 16 to 19 Academy ”.
EA 1996 is amended as follows.
In section 4 (schools: general)—
in subsection (1), for “subsection (1A)” substitute “ subsections (1A) to (1C) ”;
after subsection (1A) insert—
In section 11 (Secretary of State's duty in the case of primary, secondary and further education)—
in subsection (1)(a), omit the “or” after sub-paragraph (i) and after sub-paragraph (ii) insert;
in subsection (1)(b), for “or institutions within the further education sector” substitute “ , institutions within the further education sector or 16 to 19 Academies ”;
in subsection (2), for “and institutions within the further education sector” substitute “ , institutions within the further education sector and 16 to 19 Academies ”.
In section 329A (review or assessment of educational needs at request of responsible body), in subsection (12), after paragraph (d) insert—.
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 ”.
In section 337 (special schools), in paragraph (b), for “Academy” substitute “ Academy school ”.
In section 444 (offence: failure to secure regular attendance at school of registered pupil), in subsection (7A)(a), for sub-paragraph (iii) substitute—.
In section 444ZA (application of section 444 to alternative education provision), in subsection (8)—
in paragraph (a), for sub-paragraph (iii) substitute—;
in paragraph (b), after “(iii),” insert “ (iiia), ”.
In section 444B (penalty notices: supplemental), in subsection (4), in the definition of “relevant school”, for paragraph (c) substitute—.
In section 508A (local authorities in England: duty to promote sustainable modes of travel)—
in subsection (5)(b), after “further education sector” insert “ , or 16 to 19 Academies, ”;
in subsection (6)(b), after “further education sector” insert “ , or 16 to 19 Academies, ”.
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, ”.
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—.
In section 509AA (local authorities in England: provision of transport etc for persons of sixth form age)—
in subsection (2), omit the “or” at the end of paragraph (c) and after that paragraph insert—;
in subsection (2)(d), for “or (c)” substitute “ , (c) or (ca) ”.
In section 510 (provision of clothing), in subsection (4)(b), after “further education sector” insert “ or a 16 to 19 Academy ”.
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.
In section 557 (adoption of statutory trusts), in subsection (10), in the definition of “relevant school”, for “Academy,” substitute “ Academy school, alternative provision Academy, ”.
In section 579(1) (general interpretation)—
in the definition of “Academy”, for “a school” substitute “ an educational institution ”;
after the definition of “Academy order” insert—;
in the definition of “proprietor”—
after “a school” insert “ or a 16 to 19 Academy ”;
after “the school” insert “ or Academy ”.
In section 580 (index), at the appropriate places insert the following entries—
In paragraph 15(2) of Schedule 1 (management committees of pupil referral units), after paragraph (g) insert—.
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 ”.
SSFA 1998 is amended as follows.
in subsection (2B)(c)(ii), for “of Academy” substitute “ of Academy school ”;
in subsection (3), for “Academy” (in both places) substitute “ Academy school ”;
in subsection (4B), for “Academy” substitute “ Academy school ”.
In section 88 (admission authorities and admission arrangements), in subsection (1)(c) (inserted by section 64), for “Academy” (in both places) substitute “ Academy school ”.
In section 88H (reference of objections to adjudicator) (as amended by section 64)—
in subsection (1A), for “an Academy” (in both places) substitute “ an Academy school ”;
in subsection (6)(b), for “Academy” substitute “ Academy school ”.
In section 88I (other functions of adjudicator relating to admission arrangements), in subsection (1)(b) (inserted by section 64), for “Academy” substitute “ Academy school ”.
In section 88K (sections 88H and 88I: supplementary) (as amended by section 64)—
in subsection (4)(a), for “Academy” substitute “ Academy school ”;
in subsection (5)(b), for “an Academy” substitute “ an Academy school ”.
In section 88P (reports by local authorities), in subsection (3)(b), for “Academy” substitute “ Academy school ”.
In section 88Q (reports under section 88P: provision of information), in subsection (2)(d)(i), for “Academy” substitute “ Academy school ”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
in the definition of “governing body”, for “Academy” substitute “ Academy school, alternative provision Academy ”;
in the definition of “relevant school”, for paragraph (e) substitute—.
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 ”.
EA 2002 is amended as follows.
In section 135A (requirement to serve induction period: teachers in England) (inserted by section 9)—
in subsection (1)(d), after “prescribed description)” insert “ or a 16 to 19 Academy ”;
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 ”;
in subsection (5), after “further education sector” insert “ or a 16 to 19 Academy ”.
In section 141A (teacher misconduct: teachers to whom sections 141B to 141E apply) (inserted by section 8), in subsection (1), after paragraph (b) insert—.
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 ”.
In section 203 (further education institutions: hazardous material, etc)—
after subsection (1) insert—;
in subsection (5), at the end insert “ and “proprietor” has the same meaning as in the Education Act 1996 ”.
EA 2005 is amended as follows.
In section 5 (duty to inspect certain schools at prescribed intervals), in subsection (2), for paragraph (d) substitute—.
In section 113 (information about the school workforce: introductory), in subsection (2)(c), after “institution” insert “ or a 16 to 19 Academy ”.
EIA 2006 is amended as follows.
In section 7 (invitation for proposals for establishment of new schools), in subsection (2)(b), for “Academy” substitute “ Academy school ”.
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, ”.
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, ”.
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—.
In section 123 (inspections: education and training to which Chapter applies), in subsection (1) after paragraph (b) insert—.
In section 125 (inspection of further education institutions), in subsection (1) (amended by section 42), after “sector” insert “ , and all 16 to 19 Academies, ”.
The Safeguarding Vulnerable Groups Act 2006 is amended as follows.
In section 21 (controlled activity relating to children), in subsection (4), after “Education Act 2002)” insert “ or a 16 to 19 Academy ”.
In section 59 (meaning of “vulnerable adults”), in subsection (3), after paragraph (d) insert—
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—.
The Equality Act 2010 is amended as follows.
In section 91 (students: admission and treatment, etc)—
in subsection (10), after paragraph (c) insert—;
in subsection (12), after paragraph (a) insert—.
In Schedule 10 (accessibility for disabled pupils), in paragraph 5(3), for paragraph (b) substitute—
In Schedule 17 (disabled pupils: enforcement), in paragraph 13(5)(b), for “Academy” substitute “ Academy school or an alternative provision Academy ”.
Academies: land
Schedule 1 to AA 2010
For Schedule 1 to AA 2010 (Academies: land) substitute—
Amendments to Schedule 22 to SSFA 1998
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.
In paragraph A1, in sub-paragraph (1)(b), at the end insert—.
After paragraph A1, insert—
In paragraph A2, for sub-paragraphs (1) to (3), substitute—
In paragraph A7, in sub-paragraph (1)(b), at the end insert—.
After paragraph A7, insert—
In paragraph A8, for sub-paragraphs (1) to (3), substitute—
Paragraph A13 is amended as follows.
In sub-paragraph (1)(d), at the end insert—.
In sub-paragraph (7)—
after “maintained schools” insert “ or Academies ”;
for “A14 to A16” substitute “ A13A to A16 ”.
After paragraph A13, insert—
In paragraph A14, for sub-paragraphs (1) to (5), substitute—
In paragraph A19, before sub-paragraph (1), insert—
Paragraph A23 (land required by local authority for certain purposes) is amended as follows.
For sub-paragraph (4), substitute—
In sub-paragraph (6), for “such an application” substitute “ an application under sub-paragraph (1) or a notice under sub-paragraph (4) ”.
After sub-paragraph (6), insert—
Paragraph 5 (discontinuance of foundation, voluntary and foundation special schools: land) is amended as follows.
After sub-paragraph (1), insert—
In sub-paragraph (4), after paragraph (a) insert—.
In sub-paragraph (4B), after paragraph (a) insert—.
In sub-paragraph (5A), in paragraph (b), after “maintained schools” insert “ or Academies ”.
Paragraph 7 (disposal of property held by governing body of maintained school on their dissolution) is amended as follows.
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) ”.
In sub-paragraph (2)(ii), for the words from “following” to “new school” substitute “ persons or bodies mentioned in sub-paragraph (2A) ”.
After sub-paragraph (2), insert—
Other amendments
Section 482 of EA 1996 (Academies) is repealed.
Schedule 35A to EA 1996 (Academies: land) is repealed.
Section 77 of SSFA 1998 (control of disposals or changes in use of school playing fields) is amended as follows.
In subsection (2B)—
omit “or” at the end of paragraph (a);
after paragraph (b), insert
In subsection (3)—
in the opening words, for “subsections (4) and” substitute “ subsection ”;
in the opening words, for “(2B)(a) or (b)” substitute “ (2B)(a), (b) or (c) ”;
at the end insert “ , or by an Academy for the purposes of the Academy ”.
Omit subsection (4).
After subsection (4A), insert—
In section 65 of EA 2002 (Academies), omit subsection (1).
Section 12 of AA 2010 (charitable status of Academy proprietors etc) is amended as follows.
After subsection (1) insert—
In the heading, after “charitable” insert “ and trust corporation ”.
Academies: minor amendments
In Schedule 17 to the Equality Act 2010 (disabled pupils: enforcement), in paragraph 13(4) (admissions) for paragraph (b) substitute—.
In section 2 of AA 2010 (payments under Academy arrangements), omit subsection (5).
Abolition of the YPLA: consequential amendments
Public Records Act 1958 (c. 51)
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)
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)
House of Commons Disqualification Act 1975 (c. 24)
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)
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)
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”—
omit “, the Young People's Learning Agency for England”;
omit “, Young People's Learning Agency for England”.
Employment Act 1988 (c. 19)
In section 26 of the Employment Act 1988 (status of trainees etc), for subsection (1A) substitute—
Education Reform Act 1988 (c. 40)
In section 128 (dissolution of higher education corporations), in subsection (1)(b), omit sub-paragraph (iib).
Value Added Tax Act 1994 (c. 23)
Group 6 of Part 2 of Schedule 9 to the Value Added Tax Act 1994 (exemptions: education) is amended as follows.
In item 5A—
omit paragraph (a);
in paragraph (b), for “that Act” substitute “ the Apprenticeships, Skills, Children and Learning Act 2009 ”.
After item 5A insert—
In note (5A), for “item 5A” substitute “ items 5A and 5B ”.
After note (5A) insert—
EA 1996
EA 1996 is amended as follows.
After section 15ZC insert—
SSFA 1998
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
LSA 2000 is amended as follows.
In section 98 (approved qualifications: England), omit subsections (7) and (8).
Section 144 (designated institutions: disposal of land, etc) is amended as follows.
In subsection (4)(b), for sub-paragraphs (i) and (ii) substitute—
After subsection (4) insert—
In subsection (9)(a), for “Young People's Learning Agency for England” substitute “ Secretary of State ”.
In Schedule 9 (amendments), omit paragraph 14.
Freedom of Information Act 2000 (c. 36)
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
EA 2002 is amended as follows.
In section 183 (transfer of functions relating to allowances under section 181), in subsection (1), omit paragraph (aa) (but not the “or” after it).
Omit section 208A (recoupment: adjustment between local authorities and the YPLA).
In section 210(6A) (Welsh orders and regulations subject to negative resolution), omit “or section 208A”.
HEA 2004
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Children Act 2004 (c. 31)
In section 10 (co-operation to improve wellbeing), in subsection (9)(c), omit “66,”.
EA 2005
EA 2005 is amended as follows.
In section 14 (destination of reports: maintained schools), omit subsection (3).
In section 14A (destination of interim statements: maintained schools), omit subsection (3).
In section 92 (joint exercise of functions), in subsection (2), omit “the Young People's Learning Agency for England,”.
In section 108 (supply of information: education maintenance allowances), in subsection (3), omit paragraph (ba).
EIA 2006
EIA 2006 is amended as follows.
Section 123 (inspection of further education and training: education and training to which Chapter applies) is amended as follows.
In subsection (1), in paragraphs (b), (c) and (g), for “YPLA” substitute “ Secretary of State ”.
In subsection (3)(a), omit “61(4)(f) or”.
In section 124 (inspection of education and training to which Chapter applies), in subsection (5), omit paragraph (b).
In section 125 (inspection of further education institutions), in subsection (5), omit paragraph (b).
In section 126 (other inspections), in subsection (4), omit paragraph (b).
In section 128 (area inspections), in subsection (3)(a), for “YPLA” substitute “ Secretary of State ”.
In section 129 (reports of area inspections), in subsection (2), omit paragraph (b).
Section 130 (action plans following area inspections) is amended as follows.
In subsection (2), for “a relevant body” substitute “ the Chief Executive ”.
In subsections (4) and (5), for “body” substitute “ Chief Executive ”.
Omit subsection (6).
In section 159(1) (interpretation of Part 8), omit the definition of “the YPLA”.
Safeguarding Vulnerable Groups Act 2006 (c. 47)
In Schedule 7 to the Safeguarding Vulnerable Groups Act 2006 (vetting information), in the table in paragraph 1, in column 1 of entry 18—
omit “61 or”;
after “2009” insert “ , section 14 of the Education Act 2002 ”.
Local Government and Public Involvement in Health Act 2007 (c. 28)
In section 104 of the Local Government and Public Involvement in Health Act 2007 (partner authorities), in subsection (4), omit paragraph (fa).
ESA 2008
ESA 2008 is amended as follows.
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 ”.
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 ”.
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)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
ASCLA 2009
ASCLA 2009 is amended as follows.
In section 107 (provision of services), in subsection (4), omit paragraph (e).
Section 122 (sharing of information for education and training purposes) is amended as follows.
In subsection (3)(b), for “Young People's Learning Agency for England” substitute “ Secretary of State ”.
In subsection (5)(b), for “Young People's Learning Agency for England” substitute “ Secretary of State relating to education or training ”.
In Schedule 6 (dissolution of the Learning and Skills Council for England: minor and consequential amendments), omit paragraphs 54 to 56 and 57(b).
In Schedule 12 (Ofqual and the QCDA: minor and consequential amendments), omit paragraph 28(3).
Abolition of the YPLA: transfer schemes
Staff transfer schemes
The Secretary of State may make a scheme (a “staff transfer scheme”) providing for designated employees of the YPLA—
to become members of staff of the Secretary of State (and accordingly to become employed in the civil service of the state), or
to be transferred to a permitted transferee.
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.
The staff transfer scheme may provide—
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;
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;
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.
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).
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.
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.
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.
This paragraph applies where a staff transfer scheme provides for the transfer of an employee of the YPLA to a permitted transferee.
The staff transfer scheme may provide—
for the employee's contract of employment to have effect (subject to any necessary modifications)—
as if originally made between the employee and the permitted transferee, or
as the conditions of service as a member of the permitted transferee's staff;
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;
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.
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).
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.
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.
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
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—
the Secretary of State, or
a permitted transferee.
A property transfer scheme may—
create rights, or impose liabilities, in relation to property or rights transferred by virtue of the scheme;
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;
apportion property, rights and liabilities;
make provision about the continuation of legal proceedings.
The things that may be transferred by a property transfer scheme include—
property, rights and liabilities that could not otherwise be transferred;
property acquired, and rights and liabilities arising, after the making of the scheme.
Continuity
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.
A staff transfer scheme or a property transfer scheme may include supplementary, incidental, transitional and consequential provision.
Interpretation
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.
The apprenticeship offer: consequential amendments
ASCLA 2009 is amended as follows.
In section 27(1) (contents of specification of apprenticeship standards for England)—
after paragraph (a) insert “ and ”;
omit paragraph (c) and the “and” immediately before it.
In section 36(5) (power to apply provisions with modifications in application to Crown servants etc), omit “, or any of sections 91 to 99,”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 83, for the heading substitute “ Power to secure provision of apprenticeship training ”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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 ”.
Sections 91 to 99 (functions of the Chief Executive of Skills Funding: the apprenticeship offer) are repealed.
In section 100(1) (power of Chief Executive to secure provision of financial resources), omit paragraph (i).
Section 104 (assistance and support in relation to apprenticeship places) is repealed.
In section 105 (promoting progression from level 2 to level 3 apprenticeships), for subsection (5) substitute—
In section 121(3) (interpretation of Part 4: training within the Chief Executive's remit), after paragraph (a) insert—.
Section 262 (orders and regulations) is amended as follows.
After subsection (3) insert—
Omit subsection (4).
In subsection (6) (orders and regulations subject to affirmative resolution)—
before paragraph (b) insert—;
omit paragraph (c).
In section 269 (commencement), omit subsection (5).