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COMMONS AMENDMENTS

184Clause 119, page 57, line 2, leave out ("Schedule 9 contains") and insert ("Parts I and II of Schedule 9 contain")
185Page 57, line 5, at end insert--
("( ) Part III of Schedule 9 contains transitional provision relating to the establishment of the Adult Learning Inspectorate.")
186Page 57, line 5, at end insert--
("( ) Part IV of Schedule 9 contains transitional provision relating to the Education (Student Loans) Act 1990.")
187Clause 120, page 57, line 12, leave out ("122(1)") and insert ("(Commencement)(1) or (3)")
188Page 57, line 14, at end insert--
("(2A) A statutory instrument is subject to annulment in pursuance of a resolution of the Scottish Parliament if the instrument contains regulations made by the Scottish Ministers under section 96.
(2B) The power of the Department of Higher and Further Education, Training and Employment in Northern Ireland to make regulations under section (Qualifying arrangements: Northern Ireland) or (Grants: Northern Ireland) shall be exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979; and any such regulations shall be subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 as if they were statutory instruments within the meaning of that Act.")
189Page 57, line 18, leave out from ("the") to ("thinks") in line 19 and insert ("person making the order or regulations")
190Clause 122, Leave out Clause 22.
191After Clause 122, insert the following new clause--
COMMENCEMENT

(" .--(1) The following provisions of this Act shall come into force in accordance with provision made by the Secretary of State by order--
(a) Parts I and III,
(b) sections 84, 85, 87, (Stamp duty), 90, 92(1), 93, 96, (Qualifying arrangements), (Qualifying arrangements: Northern Ireland), (Qualifying arrangements: further provision), 97, (Grants: Northern Ireland), 103 to 109, 111, 112, (City academies: financial provisions), (City colleges and academies: special educational needs), (Pensions), (Pensions: interpretation), (Pensions: delegation), (Financial support for students) and (Financial support for students: Northern Ireland),

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(c) in Schedule 8, paragraphs 2, 2C, 12, 14 to 16, 17 to 19, 21B to 22, 23(3), 37A, 39A and 39B,
(d) Part IV of Schedule 9, and
(e) in Schedule 10, the repeals in section 91 of the Further and Higher Education Act 1992 and section 142 of the School Standards and Framework Act 1998 and the repeals consequential upon any provision mentioned in paragraph (c).
(2) The following provisions of this Act shall come into force in accordance with provision made by the National Assembly for Wales by order--
(a) Parts II and IV, and
(b) sections 86, (Transfers: Wales), 91, 92(2), 94, (Provision of services) to (Supplementary) and (Wales: provision of information by public bodies).
(3) If and in so far as a provision of this Part relates to England, the Secretary of State may (subject to subsection (5)) make provision by order about its commencement.
(4) If and in so far as a provision of this Part relates to Wales, the National Assembly for Wales may (subject to subsection (5)) make provision by order about its commencement.
(5) Subsections (3) and (4) do not apply to--
(a) a provision mentioned in subsection (1) or (2),
(b) any of sections (City academies), (City academies: land), (Wales), 119, 120, 123 and 124,
(c) Schedule (City academies: land),
(d) any provision of Schedule 8 or 10 which is consequential upon section (City academies) or (City academies: land) or Schedule (City academies: land),
(e) Parts I to III of Schedule 9, or
(f) this section.
(6) The Secretary of State may by order make provision--
(a) in consequence of a provision of this Act being brought into force at different times in relation to England and in relation to Wales, or
(b) in consequence of one provision of this Act being brought into force before another.
(7) The National Assembly for Wales may by order make provision in relation to Wales in consequence of either of the matters mentioned in subsection (6)(a) and (b).
(8) An order under subsection (6) or (7) may, in particular, disapply or modify the application of provision made by or under this or any other Act.")
192Clause 123, page 57, line 26, leave out ("122") and insert ("(Commencement)")
193Page 57, line 27, at end insert--

("( ) Section (Qualifying arrangements: further provision) extends to England and Wales and Northern Ireland.
( ) Sections (Qualifying arrangements: Northern Ireland), (Grants: Northern Ireland) and (Financial support for students: Northern Ireland) extend to Northern Ireland only.")
194Clause 124, page 57, leave out lines 32 to 35
195Schedule 1, page 58, line 23, after ("member") insert ("or chairman or chief executive")page 57, leave out lines 32 to 35

196Page 58, line 25, after ("chairman") insert ("or chief executive")
197Schedule 2, page 61, line 20, at end insert--

("Director
A1.--(1) The Council must appoint one of its employees as the director of a local council.
(2) The Council must seek the advice of the chairman of a local council before appointing a director.
(3) Sub-paragraph (2) does not apply to the appointment of the first director of a local council.

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(4) If a person to be appointed as a director of a local council is not already a member of that local council, the Council must appoint him as a member of the local council for the same term as the term of his appointment as director.
(5) If a person to be appointed as a director of a local council is already a member of that local council but his term of appointment as such ends before the term of his appointment as director ends, the Council must extend his term of appointment as a member so that it ends when the term of his appointment as director ends.")
198Page 61, line 24, after ("member") insert ("or chairman")
199Page 61, leave out lines 42 and 43
200Page 62, line 1, leave out ("other")
201Schedule 3, page 62, line 29, at end insert--

("(2A) The committee must also consider, and advise the Council on, what education and training would be appropriate for young persons of different abilities and aptitudes in order to prepare them for those opportunities, responsibilities and experiences of adult life which are not connected to employment.")
202Schedule 4, page 64, line 37, after ("member") insert ("or chairman or chief executive")
203Page 64, line 39, after ("chairman") insert ("or chief executive")
204Schedule 5, page 68, line 22, after ("member") insert ("or chairman")
205Schedule 6, page 69, line 7, at end insert--

("( ) If a person to be appointed under section 50(3) is not already a member of the Inspectorate, the Secretary of State must appoint him as a member for the same term as his appointment as chairman or chief officer.
( ) If a person to be appointed under section 50(3) is already a member of the Inspectorate but his term of appointment as such would end before his term of appointment as chairman or chief officer ends, the Secretary of State must extend his term of appointment as a member so that it ends when his appointment as chairman or chief officer ends.")
206Page 69, line 8, after ("member") insert (", chairman or chief officer")
207Page 69, line 10, after ("chairman") insert ("or chief officer")
208Page 70, line 31, after ("company") insert (", or otherwise become a member of a company,")
209Page 72, line 18, at end insert--

("Financial year of the Inspectorate
. A financial year of the Inspectorate is--
(a) the period starting with the date on which it is established and ending with the second 31 March following that date;
(b) each successive period of twelve months.")
210Schedule 7, page 73, line 4, leave out from ("80") to ("forms") in line 5 and insert ("the Chief Inspector")
211Page 73, line 7, leave out from beginning to ("shall") and insert ("The Chief Inspector")

212Page 74, line 35, leave out from ("80") to ("forms") in line 36 and insert ("the Chief Inspector")
213Page 74, line 40, leave out from beginning to ("shall") and insert ("The Chief Inspector")
214Page 78, line 34, leave out ("35(5)") and insert ("35(6)")
215Page 79, leave out line 10
216Page 79, line 12, at end insert ("; and if the event does not occur by the specified time, the proposals shall be treated as being rejected at that time.")
217Page 79, line 36, after ("may") insert ("(before the arrival of the specified time)")
218Page 79, line 40, at end insert--

("( ) A school organisation committee may act under sub-paragraph (2)(a) or (b) only in response to a request by the Council.")

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219Page 79, line 41, leave out from ("only") to ("is") in line 43 and insert ("in response to a proposal of the Council which")
220Page 79, line 45, at end insert--

("; and where a determination is made under sub-paragraph (2)(c) in relation to proposals they shall be treated as rejected.")
221Page 79, line 48, leave out from ("36(2),") to end of line 2 on page 80.
222Page 80, line 4, leave out ("a question of a kind referred to in sub-paragraph (1)(a) or (b)") and insert ("the question mentioned in sub-paragraph (1)")
223Page 81, leave out line 5
224Page 81, line 7, at end insert ("; and if the event does not occur by the specified time, the proposals shall be treated as being rejected at that time.")
225Page 81, line 16, after ("may") insert ("(before the arrival of the specified time)")
226Page 81, line 20, at end insert--

("( ) The National Assembly may act under sub-paragraph (2)(a) or (b) only in response to a request by the Council.")
227Page 81, line 21, leave out from ("only") to ("is") in line 23 and insert ("in response to a proposal of the Council which")
228Page 81, line 25, at end insert--

("; and where a determination is made under sub-paragraph (2)(c) in relation to proposals they shall be treated as rejected.")
229After Schedule 7, insert the following new schedule--
("SCHEDULE
CITY ACADEMIES: LAND
Transfer schemes

1.--(1) The Secretary of State may make a scheme in relation to land if these requirements are met--
(a) a local education authority holds a freehold or leasehold interest in the land when the scheme is made;
(b) at some time in the period of 5 years ending with the day on which this Act is passed the land was used wholly or mainly for the purposes of a county school or community school;
(c) at the time the scheme is made the land is no longer used as mentioned in paragraph (b) or the Secretary of State thinks it is about to be no longer so used;
(d) before making the scheme the Secretary of State consulted the authority.
(2) These requirements must be met as regards a scheme--
(a) the scheme must provide for a transfer of the authority's interest in the land or in such part of it as is specified in the scheme;
(b) the transfer must be to a person (the transferee) who is specified in the scheme and is concerned with the running of a city academy;
(c) the transfer must be made to the transferee for the purposes of the city academy;
(d) the scheme must provide for the transfer to the transferee of any right or liability held by the authority as holder of the interest in the land or specified part concerned.
(3) In sub-paragraph (2) the reference to a right or liability--
(a) includes a reference to a right or liability as a trustee, but
(b) excludes a reference to a liability in respect of the principal of or interest on a loan.
(4) A scheme may include such supplementary, incidental, consequential or transitional provisions as the Secretary of State thinks are appropriate.
(5) A scheme must be so expressed that it does not come into force while the land concerned is used as mentioned in sub-paragraph (1)(b).
(6) A scheme comes into force--
(a) on the day it specifies for it to come into force, or

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(b) on the day it otherwise identifies as the day for it to come into force.
(7) When a scheme comes into force it has effect to transfer (in accordance with its provisions) the interests, rights and liabilities to which it applies.
(8) A transfer made by virtue of a scheme is binding on all persons (as well as on the authority and the transferee) even if, apart from this sub-paragraph, it would have required the consent or concurrence of any person.
Restriction on disposal

2.--(1) Sub-paragraph (2) applies if--
(a) a freehold or leasehold interest in land is held by a local education authority,
(b) at any time in the period of 5 years ending with the day on which this Act is passed the land was used wholly or mainly for the purposes of a county school or community school, and
(c) the authority proposes to make a disposal in respect of the interest, or to enter into a contract to make a disposal in respect of it, or to grant an option to make an acquisition in respect of it.
(2) Unless the Secretary of State consents, the authority must not make the disposal or enter into the contract or grant the option.
(3) Sub-paragraph (2) does not apply to a disposal made in pursuance of a contract made, or option granted, before the coming into force of this paragraph.
(4) Sub-paragraph (2) does not apply to--
(a) a disposal in favour of a person for the purposes of a city academy and for no consideration;
(b) a contract to make such a disposal;
(c) a grant of an option for a person to make an acquisition for the purposes of a city academy and for no consideration.
(5) A disposal or contract or grant is not invalid by reason only that it is made in contravention of sub-paragraph (2).
(6) A person acquiring an interest in land or entering into a contract to acquire it is not to be concerned to enquire whether consent required by sub-paragraph (2) has been given.
3.--(1) This paragraph applies if an authority makes a disposal or enters into a contract or grants an option in contravention of paragraph 2(2).
(2) In the case of a grant of an option, the Secretary of State may by notice served on the option holder repudiate the option at any time before it is exercised.
(3) In the case of a contract to make a disposal in respect of an interest, the Secretary of State may by notice served on the other party to the contract repudiate it at any time before a conveyance of the interest concerned is executed.
(4) A repudiation under sub-paragraph (2) or (3) has effect--
(a) when the notice is served, and
(b) as if the repudiation were made by the authority.
(5) In the case of a disposal in respect of an interest (whether or not in pursuance of an option or contract falling within sub-paragraph (2) or (3)) the Secretary of State may purchase the interest concerned compulsorily.
(6) The Acquisition of Land Act 1981 is to apply in relation to the compulsory purchase of an interest under sub-paragraph (5).
(7) On completion of a compulsory purchase of an interest under sub-paragraph (5) the Secretary of State must transfer it to a person concerned with the running of a city academy.
(8) If the Secretary of State acquires an interest by compulsory purchase under sub-paragraph (5) he is entitled to recover from the authority an amount equal to the aggregate of--
(a) the compensation agreed or awarded in respect of the purchase,

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(b) any interest payable by him in respect of the compensation, and
(c) the costs and expenses incurred by him in connection with the making of the compulsory purchase order.
(9) The authority must provide the Secretary of State with such information as he may require it to provide in connection with a compulsory purchase under sub-paragraph (5).
4.--(1) For the purposes of paragraphs 2 and 3--
(a) references to a disposal in respect of an interest are to a disposal of the whole interest or of a lesser interest;
(b) references to an acquisition in respect of an interest are to an acquisition of the whole interest or of a lesser interest.
(2) If the disposal referred to in paragraph 3(3) or (5) is a disposal of a lesser interest, the reference there to the interest concerned is to the lesser interest.
Restriction on appropriation

5.--(1) Sub-paragraph (2) applies if--
(a) a freehold or leasehold interest in land is held by a local education authority,
(b) at any time in the period of 5 years ending with the day on which this Act is passed the land was used wholly or mainly for the purposes of a county school or community school, and
(c) the authority proposes to make an appropriation of the land under section 122 of the Local Government Act 1972.
(2) Unless the Secretary of State consents, the authority must not make the appropriation.
6.--(1) This paragraph applies if an authority makes an appropriation in contravention of paragraph 5(2).
(2) The Secretary of State may purchase the interest concerned compulsorily.
(3) Paragraph 3(6) to (9) apply to a compulsory purchase of an interest under sub-paragraph (2) above as they apply to a compulsory purchase of an interest under paragraph 3(5).
Duty to inform

7.--(1) Sub-paragraph (2) applies if--
(a) a freehold or leasehold interest in land is held by a local education authority,
(b) at any time in the period of 5 years ending with the day on which this Act is passed the land was used wholly or mainly for the purposes of a county school or community school, and
(c) the authority proposes to change the use of the land in such a way that (were the change made) the land would cease to be capable of use wholly or mainly for the purposes of a school.
(2) The authority must inform the Secretary of State of the proposal.
Former city academies

8.--(1) This paragraph applies if--
(a) a freehold or leasehold interest in land is transferred from a local education authority on or after the day on which this Act is passed,
(b) the transfer is made to a person for the purposes of a city academy, and
(c) the first or the second condition set out below is satisfied.
(2) The first condition is that--
(a) the school concerned ceases to be a city academy, and
(b) immediately before the school ceases to be a city academy the interest is held by a person for the purposes of the city academy.
(3) The second condition is that, although the school concerned continues to be a city academy, the interest ceases to be held for the purposes of the city academy.

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(4) This paragraph applies whether or not the transfer is made by virtue of a scheme under paragraph 1.
(5) Sub-paragraph (2) applies whether or not, on the school ceasing to be a city academy, it simultaneously ceases to function as a school.
(6) The Secretary of State may make a scheme providing for the transfer of the interest--
(a) from the person holding it;
(b) to the authority from which the transfer mentioned in sub-paragraph (1)(a) was made.
(7) A scheme may include such supplementary, incidental, consequential or transitional provisions as the Secretary of State thinks are appropriate.
(8) A scheme comes into force on the day it specifies for it to come into force.
(9) When a scheme comes into force it has effect to transfer (in accordance with its provisions) the interest to which it applies.
(10) A transfer made by virtue of a scheme is binding on all persons (as well as on the authority and the transferee) even if, apart from this sub-paragraph, it would have required the consent or concurrence of any person.
Other Acts

9.--(1) Section 123(2) of the Local Government Act 1972 (disposal for consideration less than the best reasonably obtainable) does not apply to a disposal to a person for the purposes of a city academy.
(2) Section 123(2A) of that Act (disposal of open space requires certain procedures) does not apply to a disposal which is made--
(a) to a person for the purposes of a city academy, and
(b) for no consideration.
(3) Section 77(1) of the School Standards and Framework Act 1998 (restriction on disposal of playing fields) does not apply to a disposal which is made--
(a) by a local authority to a person for the purposes of a city academy, and
(b) for no consideration.
Regulations

10. The Secretary of State may make regulations containing such incidental, consequential, transitional or supplementary provisions as he thinks are appropriate in consequence of this Schedule or for giving it full effect; and in particular the regulations may include provision described below.
11.--(1) The regulations may include--
(a) provision requiring a person to be appointed by the Secretary of State in connection with the proposed making of a scheme under paragraph 1;
(b) provision requiring the appointed person to identify the interests, rights and liabilities to be the subject of a scheme under paragraph 1;
(c) provision requiring the authority concerned to provide the appointed person with such documents as he may require in order to identify the interests, rights and liabilities to be the subject of a scheme under paragraph 1.
(2) The regulations may include--
(a) provision requiring an authority whose interest is (or is to be) transferred by virtue of a scheme under paragraph 1 to execute instruments and deliver certificates for the purposes of the enactments relating to registered land;
(b) provision treating such an authority as having given acknowledgement in writing of the right to production of documents.
12. The regulations may include--
(a) provision that consent under paragraph 2 is to be sought in a specified way;

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(b) provision that information is to be given under paragraph 7 in a specified way.
General

13. A dwelling-house used by an authority for occupation by a person employed to work at a school is to be treated for the purposes of this Schedule as used for the purposes of the school.
14. For the purposes of this Schedule--
(a) a city academy is a city academy within the meaning of section 482 of the Education Act 1996;
(b) a community school is a community school within the meaning of the School Standards and Framework Act 1998;
(c) a county school is a county school within the meaning of the Education Act 1996 (as that Act had effect before 1 September 1999).")
230Schedule 8, 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--

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(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)."").
231Page 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)

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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."

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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,".")
232Page 82, line 20, at end insert--
("( ) In subsection (3) omit "within the meaning of section 4(6) of this Act".")
233Page 82, line 22, leave out ("form or take part in forming") and insert ("subscribe for or otherwise acquire shares in or securities of")
234Page 82, line 25, leave out ("of providing education or")
235Page 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."").
236Page 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)".

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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).

18 Jul 2000 : Column 891


(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".")
237Page 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.")
238Page 83, line 29, leave out ("the Education Acts") and insert ("any Act")
239Page 83, line 33, leave out ("the Education Acts") and insert ("any Act")
240Page 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),".")
241Page 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)

18 Jul 2000 : Column 892


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;".").
242Page 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."")
243Page 85, line 25, leave out ("the Education Act 1996") and insert ("that Act")
244Page 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).").
245Page 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).").
246Page 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".")
247Page 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.

18 Jul 2000 : Column 893


(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 academysection 482(3)".

27G. In Schedule 1 to that Act (pupil referral units) in paragraph 8 for "county schools" substitute "community schools".")
248Page 86, line 25, leave out ("In")
249Page 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".

18 Jul 2000 : Column 894


(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".
( )")
250Page 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"")
251Page 86, line 44, leave out ("the Education Act 1997") and insert ("that Act")
252Page 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 council.
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",

18 Jul 2000 : Column 895

(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)." ").
253Page 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,";")
254Page 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

18 Jul 2000 : Column 896

(b) such persons appointed as a panel of adjudicators under those regulations as may be so determined."").
255Page 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)".")
256Page 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"")
257Page 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".")
258Page 88, line 21, leave out ("or implement")
259Page 88, line 29, leave out ("or implement")
260Page 88, line 37, leave out ("or implement")
261Page 88, line 45, leave out (", and are to be implemented,")
262Page 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."").
263Schedule 9, page 91, line 38, at end insert--
("PART III
ADULT LEARNING INSPECTORATE

18 Jul 2000 : Column 897


.--(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.")
264Page 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.")
265Schedule 10, 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".")

266Page 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.")


267Page 92, line 7, column 3, at beginning insert--
("Section 19(6)(e) and (f).")

18 Jul 2000 : Column 898

268Page 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.")

269Page 92, line 10, column 3, leave out ("paragraph") and insert ("paragraphs 70, 112 and")
270Page 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).")

271Page 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".")

272Page 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.")

273Page 92, line 29, column 3, leave out from beginning to end of line 32
274Page 92, line 33, column 3, at end insert--
("In section 142(1), the definition of "the appropriate further education funding council".")

275Page 93, line 4, column 3, at end insert--
("In Schedule 30, paragraphs 41 and 42.")

276Page 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.")

Lord Bach: My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos.184 to 276.

18 Jul 2000 : Column 899

Moved, That the House do agree with the Commons in their Amendments Nos.184 to 276.--(Lord Bach.)

On Question, Motion agreed to.

An amendment (privilege) made.

Bill returned to the Commons with amendments.


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