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

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Qualifying accounts
Qualifying accounts.     96. - (1) Subsection (2) applies if a provision contained in or made under an enactment requires an account to qualify under this section (or to qualify under it at a particular time).
 
      (2) The provision is to be taken to require the account to satisfy conditions specified by the Secretary of State in regulations made under this section (or to satisfy them at the time concerned).
 
      (3) These conditions may be included-
 
 
    (a) conditions as to the description of individual who may hold an account;
 
    (b) conditions as to the description of institution with which an account may be held;
 
    (c) conditions requiring an account not to be a joint one, or not to be held on behalf of a person other than the holder, or not to be held with another account of a specified description, or not to be connected with another account;
 
    (d) conditions requiring an account to be identified by a specified name.
      (4) Conditions as to the description of institution with which an account may be held may themselves specify the description or may allow the Secretary of State to specify it in a way he thinks fit.
 
      (5) The regulations may provide that a specification of a description of institution with which an account may be held may include a requirement for institutions to have the benefit of approvals which have been given by the Secretary of State and not withdrawn.
 
      (6) The regulations may contain provision securing that an individual may not simultaneously hold more than one account which qualifies under this section.
 
Holders of accounts: grants.     97. - (1) The Secretary of State may make regulations authorising grants to be paid to or in respect of individuals in connection with their education or training.
 
      (2) The regulations-
 
 
    (a) must provide that grants may be paid only to or in respect of individuals who hold accounts which qualify under section 96;
 
    (b) may provide that grants may not be paid unless other specified conditions are satisfied.
      (3) These conditions may be included-
 
 
    (a) conditions as to the way the accounts qualifying under section 96 are operated (including conditions requiring them to contain a specified balance);
 
    (b) conditions as to the employment or self-employment of individuals;
 
    (c) conditions requiring individuals not to be receiving or have received specified benefits;
 
    (d) conditions as to the kinds of education or training which qualify.
      (4) The regulations may provide-
 
 
    (a) that the amounts of grants, and when and how they are paid, are to be decided by the Secretary of State;
 
    (b) that grants may be paid on such terms as the Secretary of State decides and that the terms may include terms requiring repayment in specified circumstances;
 
    (c) that if grants are payable under the regulations they may be paid to persons providing education or training;
 
    (d) that if grants are payable under the regulations they may be paid by the Secretary of State or by other persons under arrangements made with him;
 
    (e) that if such arrangements are made the Secretary of State may pay the persons concerned remuneration or amounts to meet their expenses.
      (5) Conditions as to the kinds of education or training which qualify may include provision for the kinds to be specified-
 
 
    (a) by the Secretary of State in a way he thinks fit, or
 
    (b) if he so decides, by a person who (at the time of the specification) is designated by the Secretary of State and who specifies in a way the Secretary of State stipulates.
      (6) The regulations may provide that a specification of the kinds of education or training which qualify may include a requirement for the education or training to be provided by persons for the time being approved-
 
 
    (a) by the Secretary of State, or
 
    (b) if he so decides, by a person who (at the time of the approval) is designated by the Secretary of State.
      (7) In its application to Wales this section is to have effect as if references to the Secretary of State were to the National Assembly.
 
 
Grammar schools: retention of selective admission arrangements
Grammar schools: retention of selective admission arrangements.     98. In the School Standards and Framework Act 1998-
 
 
    (a) in section 104 (designation of grammar schools), omit subsection (4),
 
    (b) omit sections 105 to 108 (procedure for ballots to determine retention or discontinuance of selective admission arrangements), and
 
    (c) in section 109 (proposals by governing body to end selective admission arrangements), omit subsections (3)(b) and (4).
 
Sixth-form education
Secondary education.     99. - (1) After section 2(2) of the Education Act 1996 (definition of secondary education) there shall be inserted-
 
 
    "(2A) Education is also secondary education for the purposes of this Act (subject to subsection (5)) if it is provided by an institution which-
 
 
    (a) is maintained by a local education authority, and
 
    (b) is principally concerned with the provision of full-time education suitable to the requirements of pupils who are over compulsory school age but under the age of 19.
      (2B) Where-
 
 
    (a) a person is in full-time education,
 
    (b) he receives his education partly at a school and, by virtue of arrangements made by the school, partly at another institution, and
 
    (c) the education which he receives at the school would be secondary education if it was full-time education at the school,
  the person's education, both at the school and at the other institution, is secondary education for the purposes of this Act (subject to subsection (5))."
 
      (2) Subsections (3) to (5) apply to an institution which would become a school on the coming into force of subsection (1) (by virtue of section 4(1) of the Education Act 1996 (schools)).
 
      (3) An institution to which this subsection applies shall not be treated as being a school by virtue of section 4(1) of that Act unless it has been established as a new school in accordance with section 28(1)(a) or (2)(a) or 31(1)(a) of the School Standards and Framework Act 1998 (community or foundation mainstream or special school).
 
      (4) A local education authority may not continue to maintain an institution to which this subsection applies in pursuance of section 15A of the Education Act 1996 (education for 16 to 18 year olds).
 
      (5) Section 51(3A) of the Further and Higher Education Act 1992 (incorporation of further education institutions) shall not apply in relation to an institution to which this subsection applies.
 
Further education corporations.     100. - (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.     101. 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."
 
 
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