Learning and Skills Bill [H.L.] - continued        House of Lords

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  PART V
  MISCELLANEOUS AND GENERAL
 
Further Education Funding Councils
Dissolution of FEFC for England.     84. - (1) On the appointed day-
 
 
    (a) the Further Education Funding Council for England shall be dissolved, and
 
    (b) all property, rights and liabilities to which it was entitled or subject immediately before that day shall by virtue of this section become property, rights and liabilities of the Learning and Skills Council for England.
      (2) The appointed day is the day appointed under section 121 for the commencement of this section.
 
Preliminary transfers: FEFC for England.     85. - (1) The Secretary of State may make a scheme providing for the transfer of any of the property, rights and liabilities of the Further Education Funding Council for England to any of the listed transferees.
 
      (2) The listed transferees are-
 
 
    (a) the Secretary of State;
 
    (b) Her Majesty's Chief Inspector of Schools in England;
 
    (c) the Adult Learning Inspectorate.
      (3) A scheme under this section may include such supplementary, incidental, consequential or transitional provisions as the Secretary of State thinks are appropriate.
 
      (4) A scheme under this section comes into force on the day it specifies for it to come into force.
 
      (5) When a scheme under this section comes into force it has effect to transfer (in accordance with its provisions) the property, rights and liabilities to which it applies.
 
      (6) The day specified by a scheme under this section for the scheme to come into force must fall before the day appointed under section 121 for the commencement of section 84.
 
Dissolution of FEFC for Wales.     86. - (1) On the appointed day-
 
 
    (a) the Further Education Funding Council for Wales shall be dissolved, and
 
    (b) all property, rights and liabilities to which it was entitled or subject immediately before that day shall by virtue of this section become property, rights and liabilities of the National Council for Education and Training for Wales.
      (2) The appointed day is the day appointed under section 121 for the commencement of this section.
 
 
Other transfers
Transfers: England.     87. - (1) The Secretary of State may make a scheme providing for the transfer of any of his property, rights and liabilities to any of the listed persons.
 
      (2) The Secretary of State may make a scheme providing for the transfer of any of the property, rights and liabilities of a listed person to any other listed person.
 
      (3) The listed persons are-
 
 
    (a) the Learning and Skills Council for England;
 
    (b) Her Majesty's Chief Inspector of Schools in England;
 
    (c) the Adult Learning Inspectorate.
      (4) A scheme under this section may include such supplementary, incidental, consequential or transitional provisions as the Secretary of State thinks are appropriate.
 
      (5) A scheme under this section comes into force on the day it specifies for it to come into force.
 
      (6) When a scheme under this section comes into force it has effect to transfer (in accordance with its provisions) the property, rights and liabilities to which it applies.
 
      (7) If a scheme under subsection (1) includes provision for the transfer of liabilities, the day specified by the scheme for it to come into force must not fall after the end of the period of 3 years starting with the day appointed under section 121 for the commencement of section 84.
 
      (8) The day specified by a scheme under subsection (2) for the scheme to come into force must not fall after the end of the period of 3 years starting with the day appointed under section 121 for the commencement of section 84.
 
      (9) This section applies in relation to England only.
 
 
External qualifications
Persons under 19.     88. - (1) This section applies to a course of education or training-
 
 
    (a) which is provided (or proposed to be provided) by or on behalf of a school or institution or employer,
 
    (b) which leads to an external qualification, and
 
    (c) which is provided (or proposed to be provided) for pupils who are of compulsory school age or for pupils who are above that age but have not attained the age of 19.
      (2) Unless the external qualification is approved under section 90 or 91, the course must not be-
 
 
    (a) funded by an authorised body (as defined in section 92), or
 
    (b) provided by or on behalf of a maintained school.
      (3) In relation to a maintained school, the local education authority and the governing body must carry out their functions with a view to securing that subsection (2)(b) is not contravened.
 
      (4) The course mentioned in subsection (1) may be one of two or more components leading to the same qualification.
 
      (5) An external qualification is a qualification awarded or authenticated by an outside person, other than a qualification resulting from any of these courses-
 
 
    (a) a course for the further training of teachers or youth and community workers;
 
    (b) a post-graduate course (including a higher degree course);
 
    (c) a first degree course;
 
    (d) a course for the Diploma of Higher Education;
 
    (e) a course for the Certificate in Education.
      (6) A qualification is awarded by an outside person if it is awarded by a person other than-
 
 
    (a) the school or institution or employer, or
 
    (b) a member of the staff of the school or institution or employer.
      (7) A qualification is authenticated by an outside person if it is awarded by the school or institution or employer and is authenticated by a person other than-
 
 
    (a) the school or institution or employer, or
 
    (b) a member of the staff of the school or institution or employer.
      (8) These are maintained schools-
 
 
    (a) a community, foundation or voluntary school;
 
    (b) a community or foundation special school.
Persons over 19.     89. - (1) This section applies if an institution or employer-
 
 
    (a) receives financial resources from an authorised body (as defined in section 92), and
 
    (b) provides for persons who have attained the age of 19 a course of education or training which leads to an external qualification.
      (2) The authorised body must carry out its functions with a view to securing that, unless the external qualification is approved under section 90 or 91, the institution or employer does not make a payment which-
 
 
    (a) is a payment in respect of the qualification,
 
    (b) is made to the outside person who awards or authenticates the qualification, and
 
    (c) can reasonably be said to consist of or come from the financial resources received from the authorised body (or those resources and others).
      (3) The course mentioned in subsection (1) may be one of two or more components leading to the same qualification.
 
      (4) An external qualification is a qualification awarded or authenticated by an outside person, other than a qualification resulting from any of these courses-
 
 
    (a) a course for the further training of teachers or youth and community workers;
 
    (b) a post-graduate course (including a higher degree course);
 
    (c) a first degree course;
 
    (d) a course for the Diploma of Higher Education;
 
    (e) a course for the Certificate in Education.
      (5) A qualification is awarded by an outside person if it is awarded by a person other than the institution or employer or a member of its or his staff.
 
      (6) A qualification is authenticated by an outside person if it is awarded by the institution or employer and is authenticated by a person other than the institution or employer or a member of its or his staff.
 
      (7) A payment in respect of a qualification includes a payment in respect of-
 
 
    (a) devising, administering, verifying or certifying the qualification;
 
    (b) setting or moderating examinations for the purposes of the qualification;
 
    (c) registering, assessing or examining candidates.
 
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