Learning and Skills Bill [H.L.] -
Amendments to be debated in the House of Lords
- continued
House of Lords

back to previous amendments
 
  
Schedule 8
 
230     Page 82, line 4, at end insert-- 
 ("Public Records Act 1958 (c.51) 
     1A.  In Schedule 1 to the Public Records Act 1958 (definition of public records) in Part II of the Table at the end of paragraph 3, insert at the appropriate places--
      Adult Learning Inspectorate.",
      Learning and Skills Council for England."
 
 Superannuation Act 1972 (c.11) 
     1B.  In Schedule 1 to the Superannuation Act 1972 (kinds of employment to which schemes may apply) in the list of "Other Bodies", insert at the appropriate places--
      Adult Learning Inspectorate.",
      Learning and Skills Council for England.",
      National Council for Education and Training for Wales."
 
 House of Commons Disqualification Act 1975 (c.24) 
     1C.  In Part III of Schedule 1 to the House of Commons Disqualification Act 1975 (offices disqualifying for membership) insert at the appropriate places--
      Any member of the Learning and Skills Council for England in receipt of remuneration.",
      Any member of the National Council for Education and Training for Wales in receipt of remuneration."
 
 Sex Discrimination Act 1975 (c.65) 
     1D.  In section 23A of the Sex Discrimination Act 1975 (discrimination by further education and higher education funding councils)--
    (a)  for "the Further Education Funding Council for England, the Further Education Funding Council for Wales," substitute "the Learning and Skills Council for England, the National Council for Education and Training for Wales,", and
    (b)  after "the Education Acts" insert "and the Learning and Skills Act 2000".
    1E.  After section 25 of that Act insert--
 
 General duty: post-16 education and training etc.     25A.--(1)  The Learning and Skills Council for England and the National Council for Education and Training for Wales shall be under a general duty to secure that the facilities falling within subsection (2) and any ancillary benefits or services are provided without sex discrimination.
 
    (2)  Facilities falling within this subsection are facilities for--
    (a)  education,
    (b)  training, and
    (c)  organised leisure-time occupation connected with such education or training,
the provision of which is secured by the Learning and Skills Council for England or the National Council for Education and Training for Wales.
 
    (3)  The provisions of sections 25 and 45 of the Learning and Skills Act 2000 shall be the only sanction for breach of the general duty in subsection (1), but without prejudice to the enforcement of section 23A under section 66 or otherwise (where the breach is also a contravention of that section)."
 
     1F.--(1)  Section 26 of that Act (exception for single-sex establishments) is amended as follows.
 
    (2)  In subsections (1) and (2) for "and 25" in each place where the words occur substitute ", 25 and 25A".
 
    (3)  In subsection (3) after "section 25" insert "or 25A".
 
    1G.  In section 28 of that Act (exception for physical training) for "and 25" substitute ", 25 and 25A".
 
 Race Relations Act 1976 (c.74) 
     1H.  In section 18A of the Race Relations Act 1976 (discrimination by further education and higher education funding councils)--
    (a)  for "the Further Education Funding Council for England, the Further Education Funding Council for Wales," substitute "the Learning and Skills Council for England, the National Council for Education and Training for Wales,", and
    (b)  after "the Education Acts" insert "and the Learning and Skills Act 2000".
    1I. After section 19 of that Act insert--
 
 General duty: post-16 education and training etc.     19ZA.--(1)  The Learning and Skills Council for England and the National Council for Education and Training for Wales shall be under a general duty to secure that the facilities falling within subsection (2) and any ancillary benefits or services are provided without racial discrimination.
 
    (2)  Facilities falling within this subsection are facilities for--
    (a)  education,
    (b)  training, and
    (c)  organised leisure-time occupation connected with such education or training,
the provision of which is secured by the Learning and Skills Council for England or the National Council for Education and Training for Wales.
 
    (3)  The provisions of sections 25 and 45 of the Learning and Skills Act 2000 shall be the only sanction for breach of the general duty in subsection (1), but without prejudice to the enforcement of section 18A under section 57 or otherwise (where the breach is also a contravention of that section)."")
 
231     Page 82, line 11, at end insert--
      (""(g) any institution which receives funding from the National Council for Education and Training for Wales (whatever proportion that funding represents of the institution's total funding) and which is specified in, or is of a class or description specified in, the regulations."
 
 Disabled Persons (Services, Consultation and Representation) Act 1986 (c.33) 
     2A.  In section 5(9) of the Disabled Persons (Services, Consultation and Representation) Act 1986 (disabled persons leaving special education) in the definition of "the responsible authority", in paragraph (c) for "a further education funding council" substitute "the Learning and Skills Council for England or the National Council for Education and Training for Wales". 
 Local Government Act 1988 (c.9) 
     2B.  In paragraph 8(3)(a)(i) of Schedule 1 to the Local Government Act 1988 (competition: excluded activities) for "section 15" substitute "section 15A or 15B". 
 Employment Act 1988 (c.19) 
     2C.  In section 26 of the Employment Act 1988 (status of trainees etc) after subsection (1) insert--
        (1A)  Where it appears to the Secretary of State that provision has been made under section 5(1)(c) or 34(1)(c) of the Learning and Skills Act 2000 for trainees to receive payments from the Learning and Skills Council for England or the National Council for Education and Training for Wales, the Secretary of State may by order provide--
      (a)  that those trainees are, for the purposes and in the cases specified or described in or determined under the order, to be treated in respect of the training as being or as not being employed;
      (b)  that where those trainees are treated as being employed they are to be treated as being the employees of the persons so specified, described or determined and of no others;
      (c)  that where those trainees are treated as not being employed they are to be treated in such other manner as may be so specified, described or determined; and
      (d)  that those payments are to be treated for the purposes of such enactments and subordinate legislation as may be so specified, described or determined in such manner as may be so specified, described or determined;
    and for the purposes of this subsection trainees are persons receiving or proposing to receive training."
 
 Education Reform Act 1988 (c.40) 
     2D.  In section 124 of the Education Reform Act 1988 (powers of a higher education corporation)--
    (a)  in subsection (2)(b) omit the words ", as defined by section 15(6) and (7) of the Education Act 1996",
    (b)  in subsection (2) for paragraph (f) substitute--
      (f)  to subscribe for or otherwise acquire shares in or securities of a company for the purpose of carrying on any such activities;", and
    (c)  at the end insert--
        (5)  For the purposes of subsection (2)(b) a person has a learning difficulty if--
      (a)  he has a significantly greater difficulty in learning than the majority of persons of his age, or
      (b)  he has a disability which either prevents or hinders him from making use of facilities of a kind generally provided by institutions within the higher education sector for persons of his age.
        (6)  But a person is not to be taken to have a learning difficulty solely because the language (or form of language) in which he is or will be taught is different from a language (or form of language) which has at any time been spoken in his home."
    2E.  In section 128(1)(b) of that Act (dissolution of higher education corporations) for sub-paragraph (v) substitute--
            (v)  the Learning and Skills Council for England or the National Council for Education and Training for Wales."
    2F.  For section 161(1)(b) of that Act (interpretation: further or higher education functions) substitute--
      (b)  references to the further or higher education functions of a local education authority are references to the functions of the authority (except in so far as they relate to secondary education) under sections 15A and 15B of the Education Act 1996 (post-16 education) and section 120 of this Act (higher education);".
    2G.  In section 218(2B) of that Act (school and further and higher education regulations)--
    (a)  for "or city colleges for the technology of the arts" substitute ", city colleges for the technology of the arts or city academies", and
    (b)  after "such colleges" insert "or academies".
 
 Environmental Protection Act 1990 (c.43) 
     2H.  In section 98 of the Environmental Protection Act 1990 (definitions) in subsection (2)(e) for "or city college for the technology of the arts" substitute ", city college for the technology of the arts or city academy,".") 
232     Page 82, line 20, at end insert--
 
    ("(  )  In subsection (3) omit "within the meaning of section 4(6) of this Act".")
 
233     Page 82, line 22, leave out ("form or take part in forming") and insert ("subscribe for or otherwise acquire shares in or securities of") 
234     Page 82, line 25, leave out ("of providing education or") 
235     Page 82, line 26, at end insert--
        ("(4B)  The power conferred by subsection (4)(bb) above may not be exercised for the purpose of the provision of education if the provision is secured (wholly or partly) by financial resources provided by the Learning and Skills Council for England or the National Council for Education and Training for Wales.
        (4C)  But subsection (4B) above shall not apply to the extent that the Council concerned consents to the exercise of the power conferred by subsection (4)(bb) above in a way which does not comply with the restriction in subsection (4B)."
    (  )  After subsection (5) insert--
        (6)  A person has a learning difficulty if--
      (a)  he has a significantly greater difficulty in learning than the majority of persons of his age, or
      (b)  he has a disability which either prevents or hinders him from making use of facilities of a kind generally provided by institutions within the further education sector for persons of his age.
        (7)  But a person is not to be taken to have a learning difficulty solely because the language (or form of language) in which he is or will be taught is different from a language (or form of language) which has at any time been spoken in his home."")
 
236     Page 83, line 11, at end insert--
 
    ("8A.  In section 41(10) of that Act (control of contracts) after "This section does not apply" insert--
      (a)  in relation to a relevant institution which does not provide full-time education suitable to the requirements of pupils of compulsory school age, or
      (b)".  
    8B.--(1)  Section 44 of that Act (collective worship) is amended as follows.
 
    (2)  For subsections (1) and (2) substitute--
        (1)  This section applies to any institution within the further education sector which 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)  An institution is of voluntary origin for the purposes of this section if--
      (a)  immediately before it joined the further education sector it was a voluntary school (within the meaning of the Education Act 1996),
      (b)  immediately before it joined the further education sector it was a foundation or voluntary school (within the meaning of the School Standards and Framework Act 1998) having a foundation established otherwise than under that Act,
      (c)  it is designated for the purposes of this paragraph by order of the Secretary of State, or
      (d)  it is formed by or for the purpose of merging two institutions both of which were within paragraphs (a) to (c).
        (2A)  The governing body of an institution to which this section applies shall ensure that at an appropriate time on at least one day in each week during which the institution is open an act of collective worship is held at the institution which persons receiving education at the institution may attend."
    (3)  In subsection (3)(b) for "became a further education institution" substitute "joined the further education sector".
 
    (4)  In subsection (4) for "other further education institutions" substitute "other institutions to which this section applies".
 
    (5)  In subsection (5) for "a further education institution" substitute "an institution to which this section applies".
 
    (6)  Omit subsection (6).
 
    (7)  At the end of the section insert--
        (7)  In the application of this section to an institution which is of voluntary origin by virtue of subsection (2)(d), subsection (3)(b) shall be taken as referring to the religious traditions and practices of the two institutions mentioned in subsection (2)(d)."
    8C.--(1)  Section 45 of that Act (religious education) shall be amended as follows.
 
    (2)  For subsections (1) and (2) substitute--
        (1)  This section applies to any institution to which section 44 of this Act applies.
        (2)  An institution is of voluntary origin for the purposes of this section if it is of voluntary origin for the purposes of section 44 of this Act.
        (2A)  The governing body of an institution to which this section applies shall ensure that religious education is provided at the institution for all persons attending the institution who wish to receive it."
    (3)  In subsection (3) for "a further education institution" substitute "an institution to which this section applies".
 
    (4)  In subsection (5)--
    (a)  for "each further education institution" substitute "institution to which this section applies",
    (b)  in paragraph (a)(ii) for "became a further education institution" substitute "joined the further education sector", and
    (c)  in paragraph (b) for "further education institutions" substitute "other institutions to which this section applies".
    (5)  Omit subsection (6).
 
    (6)  At the end of the section insert--
        (7)  In the application of this section to an institution which is an institution of voluntary origin by virtue of section 44(2)(d), subsection (5)(a)(ii) shall be taken as referring to the religious traditions and practices of the two institutions mentioned in section 44(2)(d)."
    8D.  In section 52 of that Act (duty to provide for named individuals) in subsection (1) omit "full-time".")
 
237     Page 83, leave out lines 15 to 17 and insert--
 
    ("9A. In section 54 of that Act (duty to give information) in subsection (1)(b) for "or city college for the technology of the arts" substitute ", city college for the technology of the arts or city academy".
 
    9B. In section 55 of that Act (inspections etc of local authority institutions other than schools), subsections (1) to (3) and paragraphs (a) and (b) of subsection (7) shall cease to have effect.
 
    9C. Section 56 of that Act (directions) shall cease to have effect.")
 
238     Page 83, line 29, leave out ("the Education Acts") and insert ("any Act") 
239     Page 83, line 33, leave out ("the Education Acts") and insert ("any Act") 
240     Page 84, line 40, at end insert--
 
    ("16A. In section 89(2) of that Act (orders and regulations)--
    (a)  after "29(6) and (8)," insert "30(2)(b),", and
    (b)  after "38," insert "44(2)(c),".")
 
241     Page 85, line 19, at end insert-- 
 ("Welsh Language Act 1993 (c.38) 
     21A.  In section 6(1) of the Welsh Language Act 1993 (meaning of "public body") for paragraph (j) substitute--
      (j)  the National Council for Education and Training for Wales;".
 
 Value Added Tax Act 1994 (c.23) 
     21B.--(1)  In Schedule 9 to the Value Added Tax Act 1994 (exemptions) Group 6 (education) is amended as follows.
 
    (2)  In item 3 (provision of examination services) in paragraph (b)(i) for "or 5" substitute ", 5 or 5A".
 
    (3)  After item 5 insert--
        5A.  The provision of education or vocational training and the supply, by the person providing that education or training, of any goods or services essential to that provision, to the extent that the consideration payable is ultimately a charge to funds provided by the Learning and Skills Council for England or the National Council for Education and Training for Wales under Part I or Part II of the Learning and Skills Act 2000."
    (4)  After Note (5) insert--
        (5A)  For the purposes of item 5A a supply of any goods or services shall not be taken to be essential to the provision of education or vocational training unless--
      (a)  in the case of the provision of education, the goods or services are provided directly to the person receiving the education;
      (b)  in the case of the provision of vocational training, the goods or services are provided directly to the person receiving the training."
 
 Education Act 1994 (c.30) 
     21C.  In section 9(2) of the Education Act 1994 (joint exercise of functions) for "a further education funding council" substitute "the Learning and Skills Council for England, the National Council for Education and Training for Wales". 
 Disability Discrimination Act 1995 (c.50) 
     21D.  In section 19 of the Disability Discrimination Act 1995 (discrimination in relation to goods, facilities and services) in subsection (5), after paragraph (a) insert--
      (aa)  education which is provided by an institution within the further education sector (within the meaning given by section 91(3) of the Further and Higher Education Act 1992);
      (ab)  education which is provided by such establishments as may be specified by the Secretary of State by order;".")
 
242     Page 85, line 24, at end insert--
 
    ("22A. In section 1 of the Education Act 1996 (the stages of education) in subsection (3) for the words from "confers functions" to the end substitute "makes provision with respect to further education."")
 
243     Page 85, line 25, leave out ("the Education Act 1996") and insert ("that Act") 
244     Page 85, leave out line 39 and insert--
 
    ("(  )  After subsection (1) insert--
        (1A)  The power under subsection (1) to secure the provision of education includes power to secure the provision--
      (a)  of training, including vocational, social, physical and recreational training, and
      (b)  of organised leisure time occupation (within the meaning of section 2(6)) which is provided in connection with the provision of education or of training within paragraph (a)."
    (  )  In subsection (2) after "functions under this section" insert "in respect of secondary education".
 
    (  )  After subsection (2) insert--
        (  )  In exercising their functions under this section in respect of further education a local education authority shall in particular have regard to the needs of persons with learning difficulties (within the meaning of section 13(3) and (4) of the Learning and Skills Act 2000).")
 
245     Page 85, line 47, at end insert--
        ("(1A)  The power under subsection (1) to secure the provision of education includes power to secure the provision--
      (a)  of training, including vocational, social, physical and recreational training, and
      (b)  of organised leisure time occupation (within the meaning of section 2(6)) which is provided in connection with the provision of education or of training within paragraph (a).
        (1B)  In exercising their functions under this section a local education authority shall in particular have regard to the needs of persons with learning difficulties (within the meaning of section 13(3) and (4) of the Learning and Skills Act 2000).")
 
246     Page 86, line 4, at end insert--
        ("(3)  This section does not apply to higher education."
    26A.  In section 312(2) of that Act (meaning of learning difficulty") for "section 15(5)" substitute "section 15A or 15B".")
 
247     Page 86, line 12, at end insert--
 
    ("27A.--(1)  Section 490 of that Act (grants in respect of special provision for ethnic minorities) is amended as follows.
 
    (2)  In subsection (1)(b) for "or a city college for the technology of the arts" substitute ", a city college for the technology of the arts or a city academy".
 
    (3)  In subsection (2) for "or college" substitute ", college or academy".
 
    27B.--(1) Section 509 of that Act (provision of transport etc) is amended as follows.
 
    (2)  In subsection (1)--
    (a)  after paragraph (b) insert "or";
    (b)  omit paragraph (d) and the word "or" immediately preceding it.
    (3)  After subsection (1) insert--
        (1A)  A local education authority shall make such arrangements for the provision of transport and otherwise as they consider necessary, or as the Secretary of State may direct, for the purpose of facilitating the attendance of persons receiving education or training at an institution outside both the further education and higher education sectors.
        (1B)  Arrangements under subsection (1A) may be made in relation to a person only if the Learning and Skills Council for England or the National Council for Education and Training for Wales has secured for him--
      (a)  the provision of education or training at the institution, and
      (b)  the provision of boarding accommodation under section 13 or 41 of the Learning and Skills Act 2000."
    (4)  In subsection (2) after "subsection (1)" insert "or (1A)".
 
    (5)  In subsection (3)--
    (a)  after "education" insert "or training";
    (b)  in paragraph (b) after "subsection (1)" insert "or (1A)";
    (c)  in the words following paragraph (b), for "that subsection" substitute "either of those subsections".
    (6)  In subsection (4)--
    (a)  after "subsection (1)" insert "or (1A)";
    (b)  in paragraph (b) after "education" insert "or training".
    (7)  In subsection (5)--
    (a)  after "subsection (1)" insert "or (1A)";
    (b)  in paragraph (c) for "education at institutions mentioned in subsection (1)(d)" substitute "education or training at institutions mentioned in subsection (1A)";
    (c)  in paragraph (c)(i) for "section 15(5)" substitute "section 13 of the Learning and Skills Act 2000".
    (8)  In subsection (6)(a) for "or (d)" substitute "or (1A)".
 
    27C.  In section 537 of that Act (power of the Secretary of State to require information from governing bodies etc) in subsection (7)(b) for "or city college for the technology of the arts" substitute ", city college for the technology of the arts or city academy".
 
    27D.  In section 541 of that Act (distribution of information about further education institutions) in subsection (1)(b) for "or city college for the technology of the arts" substitute ", city college for the technology of the arts or city academy".
 
    27E.  In section 550B of that Act (detention outside school hours) in subsection (2)(c) for "or city college for the technology of the arts" substitute ", city college for the technology of the arts or city academy".
 
    27F.  In section 580 of that Act (index) in the table at the appropriate place insert--
 
 city academy section 482(3)". 
     27G.  In Schedule 1 to that Act (pupil referral units) in paragraph 8 for "county schools" substitute "community schools".") 
248     Page 86, line 25, leave out ("In") 
249     Page 86, line 26, after ("inspectors)") insert ("is amended as follows.
 
    (2)  In subsection (3) after paragraph (g) insert--
      (gg)  city academies; and".
    (3)  At the end of subsection (4B)(a) insert "or approved under Schedule 7 to the Learning and Skills Act 2000".
 
    (4)  In subsection (4B)(d) for "or city college for the technology of the arts" substitute ", city college for the technology of the arts or city academy".
 
    (  )")
 
250     Page 86, line 43, at end insert--
 
    ("31A. In section 25 of the Education Act 1997 (other functions of the Qualifications and Curriculum Authority) after subsection (4) insert--
        (5)  The Authority may supply any person designated by the Secretary of State with such information as the Authority thinks fit about any matter in relation to which it has a function."
    31B. In section 31 of that Act (other functions of the Qualifications, Curriculum and Assessment Authority for Wales) after subsection (4) insert--
        (5)  The Authority may supply any person designated by the National Assembly for Wales with such information as the Authority thinks fit about any matter in relation to which it has a function."
    31C. In section 43 of that Act (provision of careers education in schools) in subsection (2)(d) for "and city colleges for the technology of the arts" substitute ", city colleges for the technology of the arts and city academies"")
 
251     Page 86, line 44, leave out ("the Education Act 1997") and insert ("that Act") 
252     Page 86, line 45, at end insert-- 
 ("Audit Commission Act 1998 (c.18) 
     32A.--(1) Section 36 of the Audit Commission Act 1998 (studies at request of educational bodies) is amended as follows.
 
    (2)  In subsection (1), in the Table, after the entry relating to the governing body of an institution receiving funding under Part I of the Education Act 1994 insert--
 
 The Learning and Skills Council for England.
The National Council for Education and Training for Wales.
The council." 
 
        (3)  In that Table, in the entry relating to the governing body of an institution within the further education sector, in the second column for "or the appropriate further education funding council" substitute ", the Learning and Skills Council for England or the National Council for Education and Training for Wales".
        (4)  In subsection (2) omit "or a further education funding council".
 
 Teaching and Higher Education Act 1998 (c.30) 
 
        32B.--(1)  Section 26 of the Teaching and Higher Education Act 1998 (imposition of conditions as to fees at further or higher education institutions) is amended as follows.
        (2)  Omit subsections (1) and (2).
        (3)  In each of subsections (6), (7), (10)(a) and (11)(b) for "subsection (2) or (4)" substitute "subsection (4)".
        (4)  In subsection (9)--
      (a)  in the definition of "the relevant academic year" for "subsection (2) or (4)" substitute "subsection (4)", and
      (b)  in the definition of "specified" for "subsection (1) or (3), as the case may be" substitute "subsection (3)".
        (5)  In subsection (11) for "subsection (1) or (3)", in both places where the words occur, substitute "subsection (3)".
        32C.  In section 28(1) of that Act (interpretation) in the definition of "publicly-funded institution", in paragraph (a)--
      (a)  omit "5 or",
      (b)  omit the words from "from a further" to "its costs", and
      (c)  after "1996" insert "or any institution receiving financial resources under section 5 or 34 of the Learning and Skills Act 2000".
        32D.  Section 34 of that Act (inspection of vocational training in Wales) shall cease to have effect.
        32E.  In section 35 of that Act (inspection of careers services in Wales), for subsection (6) substitute--
        (6)  Any inspection under this section shall be conducted by one or more of the following--
      (a)  any of Her Majesty's Inspectors of Education and Training in Wales or Arolgwyr Ei Mawrhydi dros Addysg a Hyfforddiant yng Nghymru, or
      (b)  any additional inspector authorised under paragraph 2 of Schedule 1 to the School Inspections Act 1996;
    but such an inspector or inspectors may be assisted by such other persons (whether or not members of the Chief Inspector's staff) as the Chief Inspector thinks fit.
        (6A)  In conducting an inspection under this section, the inspector or inspectors shall act in accordance with any instruction or guidelines given from time to time by the National Assembly for Wales.
        (6B)  Where an inspection under this section has been completed, the inspector or inspectors shall make a written report on the inspection and shall send the report to the National Assembly for Wales.
        (6C)  The National Assembly for Wales may arrange for any report of an inspection under this section to be published in such manner as the National Assembly for Wales considers appropriate; and section 42A(2) to (4) of the School Inspections Act 1996 shall apply in relation to the publication of any such report by the National Assembly for Wales as they apply to the publication of a report by the Chief Inspector under any of the provisions mentioned in section 42A(2)."  ")
 
253     Page 87, line 15, leave out paragraph (a) and insert--
 
    ("(a)  in paragraph (a) for "primary and secondary education" substitute "primary education, and secondary education suitable to the requirements of pupils of compulsory school age,";")
 
254     Page 87, line 39, at end insert-- 
 Plans of National Council.     26B.--(1)  In preparing a school organisation plan a local education authority in Wales shall have regard to the plans of the National Council for Education and Training for Wales published under section (Plans) of the Learning and Skills Act 2000.
 
    (2)  Subsection (3) applies if a school organisation plan prepared by a local education authority in Wales is being considered by the school organisation committee or by the adjudicator.
 
    (3)  The committee or the adjudicator shall have regard to the plans of the National Council for Education and Training for Wales published under section (Plans) of the Learning and Skills Act 2000.
 
    (4)  In this section references to the school organisation committee are to the committee established by the authority under regulations made under section 27.
 
    (5)  In this section references to the adjudicator are to--
    (a)  such person appointed as adjudicator under those regulations as may be determined in accordance with them, or
    (b)  such persons appointed as a panel of adjudicators under those regulations as may be so determined."")
 
255     Page 87, line 46, at end insert--
 
    ("37A.  In section 30(3) of that Act (notice by governing body to discontinue foundation or voluntary school) for "the appropriate further education funding council" substitute "the Learning and Skills Council for England (if the school is in England) or the National Council for Education and Training for Wales (if the school is in Wales)".")
 
256     Page 87, line 49, at end insert--
 
    ("38A. In section 110 of that Act (home-school arrangements) in subsection (1)(b) for "or a city college for the technology of the arts" substitute ", a city college for the technology of the arts or a city academy"")
 
257     Page 88, line 2, at end insert--
 
    ("39A.--(1)  Section 137 of that Act (Education Transfer Council: alteration and dissolution) shall be amended as follows.
 
    (2)  In subsection (3)(c) for "or under the Education Reform Act 1988" substitute ", under the Education Reform Act 1988 or under the Further and Higher Education Act 1992".
 
    (3)  At the end of subsection (4)(a) insert "or section 34 or 36 of, or Schedule 5 or 7 to, the Further and Higher Education Act 1992".
 
    39B.  In section 142(1) of that Act (general interpretation) omit the definition of "the appropriate further education funding council".")
 
258     Page 88, line 21, leave out ("or implement") 
259     Page 88, line 29, leave out ("or implement") 
260     Page 88, line 37, leave out ("or implement") 
261     Page 88, line 45, leave out (", and are to be implemented,") 
262     Page 88, line 47, at end insert-- 
 ("Government of Wales Act 1998 (c.38) 
     42A.--(1)  Section 104 of the Government of Wales Act 1998 (funding of the Chief Inspector of Education and Training in Wales) is amended as follows.
 
    (2)  In subsection (4), omit the words from "; and in determining" to the end.
 
    (3)  After subsection (4), insert--
        (4A)  The Assembly shall--
      (a)  approve the plan submitted to it under section (Annual plan of the Chief Inspector for Wales) of the Learning and Skills Act 2000; and
      (b)  determine the amount of the funding it is to provide under this section in accordance with the plan as approved by it.
        (4B)  But before it gives its approval under subsection (4A)(a), the Assembly may require the Chief Inspector to modify the plan."
    42B.  In section 118(2) of that Act (meaning of "Welsh public records") after paragraph (h) insert--
      (ha)  the National Council for Education and Training for Wales,".
    42C.  In Part I of Schedule 4 to that Act (public bodies subject to reform by Assembly) for the entry relating to the Further Education Funding Council for Wales substitute--
        5.  The National Council for Education and Training for Wales."")
 
  
Schedule 9
 
263     Page 91, line 38, at end insert-- 
 ("PART III 
 ADULT LEARNING INSPECTORATe 
     .--(1)  During the interim period, section 50(2) has effect as if for "9" there were substituted "not less than 2 and not more than 9".
 
    (2)  The interim period begins on the day on which section 50 comes into force.
 
    (3)  The interim period ends on the first day on which there are 9 members of the Inspectorate.")
 
264     Page 91, line 38, at end insert-- 
 ("PART IV 
 STUDENT LOANs 
     .--(1)  Sub-paragraph (2) has effect in relation to the Education (Student Loans) Act 1990 to the extent that it continues in force by virtue of any savings made, in connection with its repeal by the Teaching and Higher Education Act 1998, by an order under section 46(4) of the Teaching and Higher Education Act 1998.
 
    (2)  Section 1(3) of the Education (Student Loans) Act 1990 shall have effect as if the definition of "institutions receiving support from public funds" included a reference to institutions which receive financial resources under section 5 or 34 of the Learning and Skills Act 2000.")
 
  
Schedule 10
 
265     Page 91, line 41, at end insert-- 
 ("1972 c. 11.Superannuation Act 1972.In Schedule 1, in the list of "Other Bodies", the words "Further Education Funding Council for England in receipt of remuneration." and "Further Education Funding Council for Wales in receipt of remuneration.". 
 1975 c. 24.House of Commons Disqualification Act 1975.In Schedule 1, in Part III the words "Any member of the Further Education Funding Council for England in receipt of remuneration." and "Any member of the Further Education Funding Council for Wales in receipt of remuneration.". 
 1975 c. 65.Sex Discrimination Act 1975.Section 25(6)(d). 
 1976 c. 74.Race Relations Act 1976.Section 19(6)(d). 
 1988 c. 40.Education Reform Act 1988.In section 124(2)(b), the words ", as defined by section 15(6) and (7) of the Education Act 1996".") 
266     Page 91, line 45, at end insert-- 
 ("Section 44(6). 
 Section 45(6). 
 In section 52(1), the word "full-time". 
 In section 55, subsections (1) to (3) and paragraphs (a) and (b) of subsection (7). 
 Section 56.") 
267     Page 92, line 7, column 3, at beginning insert-- 
 ("Section 19(6)(e) and (f).") 
268     Page 92, line 9, column 3, at end insert-- 
("In section 403(1) the words "local education authority,". 
 In section 482, in subsection (2)(c) the word "either" and in subsection (3) the word "or" immediately preceding paragraph (b). 
 In section 509(1), paragraph (d) and the word "or" immediately preceding that paragraph.") 
269     Page 92, line 10, column 3, leave out ("paragraph") and insert ("paragraphs 70, 112 and") 
270     Page 92, line 11, at end insert-- 
 ("1996 c. 57.School Inspections Act 1996.In section 10(3) the word "and" at the end of paragraph (g).") 
271     Page 92, line 19, at end insert-- 
 ("1998 c. 18.Audit Commission Act 1998.In section 36(1), in the Table, the entry relating to a further education funding council. 
 In section 36(2), the words "or a further education funding council".") 
272     Page 92, line 28, column 3, at end insert-- 
 ("In section 22(2)(h) and (7) the words "attendance on". 
 Section 26(1) and (2). 
 In section 28(1), in the definition of "publicly-funded institution", in paragraph (a) the words "5 or" and the words from "from a further" to "its costs". 
 Section 34.") 
273     Page 92, line 29, column 3, leave out from beginning to end of line 32 
274     Page 92, line 33, column 3, at end insert-- 
 ("In section 142(1), the definition of "the appropriate further education funding council".") 
275     Page 93, line 4, column 3, at end insert-- 
 ("In Schedule 30, paragraphs 41 and 42.") 
276     Page 93, line 4, at end insert-- 
 ("1998 c. 38.Government of Wales Act 1998.In section 104(4), the words from "; and in determining" to the end.") 
 
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