Learning and Skills Bill [H.L.] - continued        House of Lords
PART V, MISCELLANEOUS AND GENERAL - continued
Sixth-form education - continued

back to previous text
 
Further education corporations.     96. - (1) The following shall be substituted for section 16(2) and (3) of the Further and Higher Education Act 1992 (incorporation of further education institutions)-
 
 
    "(2) Subsection (1) above does not apply to an institution which is maintained by a local education authority.
 
      (3) The Secretary of State may by order make provision for the establishment of a body corporate for the purpose of conducting an institution which-
 
 
    (a) is maintained by a local education authority, and
 
    (b) in his opinion, is principally concerned with the provision of full-time education suitable to the requirements of persons over compulsory school age who have not attained the age of nineteen years."
      (2) Section 51 of that Act (publication of proposals) shall be amended as follows-
 
 
    (a) for subsection (3)(b) substitute-
 
    "(b) an order under section 16(3) of this Act, other than an order made for the purpose of giving effect to a proposal by a council,", and
 
    (b) after subsection (3) insert-
 
    "(3A) A draft proposal or order in respect of an institution which is maintained by a local education authority shall not be published without the consent of the governing body and the local education authority."
 
Further education institutions: designation.     97. In section 28(3) of the Further and Higher Education Act 1992 (designation of institutions for funding) the following shall be inserted after subsection (3)-
 
 
    "(3A) The Secretary of State shall not make an order under this section in respect of a voluntary aided school without the consent of the governing body and the local education authority."
 
Inadequate sixth-forms.     98. - (1) Schedule 7 (inadequate sixth-forms) shall have effect.
 
      (2) Expressions used in that Schedule and in the School Inspections Act 1996 have the same meaning in that Schedule as in that Act.
 
 
Support for 13 to 19 year olds
Provision of services.     99. - (1) The Secretary of State may provide or secure the provision of services which he thinks will encourage, enable or assist (directly or indirectly) effective participation by young persons in education or training.
 
      (2) In securing the provision of those services the Secretary of State may, in particular-
 
 
    (a) make arrangements with local authorities and other persons for the provision of services;
 
    (b) direct local education authorities to provide services, to secure the provision of services or to participate in the provision of services.
      (3) Arrangements and directions under subsection (2) may include provision-
 
 
    (a) for grants, loans and other kinds of financial assistance to be provided by the Secretary of State (whether or not on conditions);
 
    (b) requiring persons with whom arrangements are made or to whom directions are given to have regard to guidance issued by the Secretary of State.
      (4) In this section "young persons" means persons who have attained the age of 13 but not the age of 20.
 
      (5) A direction under this section may be revoked or varied by a later direction.
 
Consultation and coordination.     100. - (1) Before providing or securing the provision of services of the kind mentioned in section 99(1) for residents of a particular place or area, the Secretary of State shall consult each of the following with responsibility for all or part of the place or area-
 
 
    (a) a local authority,
 
    (b) a Health Authority,
 
    (c) a chief officer of police,
 
    (d) a police authority,
 
    (e) a probation committee, and
 
    (f) a youth offending team.
      (2) The Secretary of State shall also consult-
 
 
    (a) any voluntary body which provides services for young persons in the place or area concerned and which the Secretary of State thinks it appropriate to consult, and
 
    (b) such other persons as he thinks appropriate.
      (3) Subsection (4) applies where the Secretary of State-
 
 
    (a) provides or proposes to provide, or
 
    (b) secures or proposes to secure the provision of,
  services of the kind mentioned in section 99(1) for the residents of a particular place or area.
 
      (4) Where this subsection applies, persons and bodies listed in subsection (1) with responsibility for all or part of that place or area shall-
 
 
    (a) exercise their functions so as to support and assist the services provided, secured or proposed by the Secretary of State, and
 
    (b) coordinate the exercise of their functions, so far as seems reasonable, with persons providing those services.
      (5) Subsection (4) shall not require persons or bodies to take action which would significantly interfere with the efficient or effective exercise of their functions.
 
Local education authorities.     101. - (1) A local education authority-
 
 
    (a) may enter into arrangements under section 99(2)(a) for the provision of services of the kind mentioned in section 99(1),
 
    (b) shall comply with a direction given to it under section 99(2)(b), and
 
    (c) may provide, secure the provision of or participate in the provision of services of the kind mentioned in section 99(1) otherwise than in accordance with paragraph (a) or (b).
      (2) Action which a local education authority takes in pursuance of subsection (1) may relate to services for a person from another area.
 
      (3) For the purpose of subsection (1) a local education authority may-
 
 
    (a) incur expenditure;
 
    (b) form companies;
 
    (c) employ officers;
 
    (d) enter into agreements for the supply of goods or services;
 
    (e) do anything else which they consider necessary or expedient.
      (4) Nothing in or done under section 99 shall prejudice any power of a local education authority to provide services or incur expenditure.
 
 
previous section contents continue
 
House of Lords home page Houses of Parliament home page House of Commons home page search page enquiries

© Parliamentary copyright 1999
Prepared 17 December 1999