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Learning and Skills Bill [H.L.]
 
 

 
 
A

B I L L

[AS AMENDED ON REPORT]

TO

Establish the Learning and Skills Council for England and the National Council for Education and Training for Wales, to make other provision about education and training, and for connected purposes.

BE IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:-
 

  PART I
  LEARNING AND SKILLS COUNCIL FOR ENGLAND
 
The Council
The Council.     1. - (1) There shall be a body corporate called the Learning and Skills Council for England.
 
      (2) The Council is to consist of not less than 12 and not more than 16 members appointed by the Secretary of State, and he must appoint one of them as chairman.
 
      (3) In appointing a member the Secretary of State must have regard to the desirability of appointing a person who has experience relevant to the Council's functions.
 
      (4) Schedule 1 contains provisions about the Council.
 
      (5) The Council's functions are to be carried out in relation to England only.
 
 
Main duties
Education and training for persons aged 16 to 19.     2. - (1) The Council must secure the provision of proper facilities for-
 
 
    (a) education (other than higher education) suitable to the requirements of persons who are above compulsory school age but have not attained the age of 19,
 
    (b) training suitable to the requirements of such persons,
 
    (c) organised leisure-time occupation connected with such education, and
 
    (d) organised leisure-time occupation connected with such training.
      (2) Facilities are proper if they are-
 
 
    (a) of a quantity sufficient to meet the reasonable needs of individuals, and
 
    (b) of a quality adequate to meet those needs.
      (3) In performing the duty imposed on it by subsection (1) the Council must-
 
 
    (a) take account of the places where facilities are provided, the character of facilities and the way they are equipped;
 
    (b) take account of the different abilities and aptitudes of different persons;
 
    (c) take account of the education and training required in different sectors of employment for employees and potential employees;
 
    (d) take account of facilities whose provision the Council thinks might reasonably be secured by other persons;
 
    (e) make the best use of the Council's resources and in particular avoid provision which might give rise to disproportionate expenditure.
      (4) For the purposes of this section-
 
 
    (a) education includes both full-time and part-time education;
 
    (b) training includes both full-time and part-time training;
 
    (c) training includes vocational, social, physical and recreational training;
 
    (d) higher education is education provided by means of a course of any description mentioned in Schedule 6 to the Education Reform Act 1988.
Education and training for persons over 19.     3. - (1) The Council must secure the provision of reasonable facilities for-
 
 
    (a) education (other than higher education) suitable to the requirements of persons who have attained the age of 19,
 
    (b) training suitable to the requirements of such persons,
 
    (c) organised leisure-time occupation connected with such education, and
 
    (d) organised leisure-time occupation connected with such training.
      (2) Facilities are reasonable if (taking account of the Council's resources) the facilities are of such a quantity and quality that the Council can reasonably be expected to secure their provision.
 
      (3) In performing the duty imposed on it by subsection (1) the Council must-
 
 
    (a) take account of the places where facilities are provided, the character of facilities and the way they are equipped;
 
    (b) take account of the different abilities and aptitudes of different persons;
 
    (c) take account of the education and training required in different sectors of employment for employees and potential employees;
 
    (d) take account of facilities whose provision the Council thinks might reasonably be secured by other persons;
 
    (e) make the best use of the Council's resources and in particular avoid provision which might give rise to disproportionate expenditure.
      (4) For the purposes of this section-
 
 
    (a) education includes both full-time and part-time education;
 
    (b) training includes both full-time and part-time training;
 
    (c) training includes vocational, social, physical and recreational training;
 
    (d) higher education is education provided by means of a course of any description mentioned in Schedule 6 to the Education Reform Act 1988.
      (5) References in this Part to post-16 education are to-
 
 
    (a) education falling within section 2(1)(a) or subsection (1)(a) above, and
 
    (b) organised leisure-time occupation connected with such education.
      (6) References in this Part to post-16 training are to-
 
 
    (a) training falling within section 2(1)(b) or subsection (1)(b) above, and
 
    (b) organised leisure-time occupation connected with such training.
Encouragement of education and training.     4. The Council must-
 
 
    (a) encourage individuals to undergo post-16 education and training;
 
    (b) encourage employers to participate in the provision of post-16 education and training;
 
    (c) encourage employers to contribute to the costs of post-16 education and training.
 
Main powers
Provision of financial resources.     5. - (1) The Council may secure the provision of financial resources to-
 
 
    (a) persons providing or proposing to provide post-16 education or training;
 
    (b) persons providing or proposing to provide goods or services in connection with the provision by others of post-16 education or training;
 
    (c) persons receiving post-16 education or training;
 
    (d) persons providing or proposing to provide courses falling within paragraph 1(g) or (h) of Schedule 6 to the Education Reform Act 1988 (courses in preparation for professional examinations at a higher level or providing education at a higher level);
 
    (e) further and higher education corporations providing or proposing to provide secondary education (other than post-16 education);
 
    (f) persons undertaking research relating to education or training;
 
    (g) persons providing or proposing to provide facilities described in section 8(1) or (2);
 
    (h) persons carrying out means tests under arrangements made under section 9;
 
    (i) persons providing or proposing to provide information, advice or guidance about education or training or connected matters (including employment).
      (2) The Council may secure the provision of financial resources under subsection (1)-
 
 
    (a) by providing resources itself;
 
    (b) by making arrangements for the provision of resources by another person;
 
    (c) by making arrangements for the provision of resources by persons jointly (whether or not including the Council).
      (3) In exercising its power under subsection (1)(c) the Council may secure the provision of financial resources by reference to any fees or charges payable by the person receiving the education or training or to any other matter (such as transport or childcare).
 
 
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