Search Legislation

Apprenticeships, Skills, Children and Learning Act 2009

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to Apprenticeships, Skills, Children and Learning Act 2009. Any changes that have already been made by the team appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

Changes and effects yet to be applied to :

 Help about changes and effects
Close

Changes and effects

This section lists the changes and effects yet to be applied to the specific provision you are viewing.

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

 Help about changes and effects
Close

Changes and effects

This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Commencement Orders yet to be applied to the Apprenticeships, Skills, Children and Learning Act 2009

 Help about changes and effects
Close

Commencement Orders

This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.

Commencement Orders bringing provisions within this Act into force:

Schedules

Section 40

Schedule 1E+W+SEmployee study and training: minor and consequential amendments

Employment Rights Act 1996 (c. 18)E+W+S

1The Employment Rights Act 1996 is amended as follows.E+W+S

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I1Sch. 1 para. 1 in force at 6.4.2010 for specified purposes by S.I. 2010/303, art. 4, Sch. 3 (with arts. 9-11)

2In section 48 (right to present complaint of detriment to employment tribunal), in subsection (1) for “or 47E” substitute “ , 47E or 47F ”.E+W+S

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I2Sch. 1 para. 2 in force at 6.4.2010 for specified purposes by S.I. 2010/303, art. 4, Sch. 3 (with arts. 9-11)

3In section 105 (unfair dismissal: redundancy), after subsection (7BA) insert—E+W+S

(7BB)This subsection applies if the reason (or, if more than one, the principal reason) for which the employee was selected for dismissal was one of those specified in section 104E.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I3Sch. 1 para. 3 in force at 6.4.2010 for specified purposes by S.I. 2010/303, art. 4, Sch. 3 (with arts. 9-11)

4In section 108(3) (exceptions to one year qualifying period of continuous employment for claims for unfair dismissal), after paragraph (gj) insert—E+W+S

(gk)section 104E applies,.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I4Sch. 1 para. 4 in force at 6.4.2010 for specified purposes by S.I. 2010/303, art. 4, Sch. 3 (with arts. 9-11)

5In section 194 (House of Lords staff), in subsection (2)(e) before “VII” insert “ 6A, ”.E+W+S

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I5Sch. 1 para. 5 in force at 6.4.2010 for specified purposes by S.I. 2010/303, art. 4, Sch. 3 (with arts. 9-11)

6In section 195 (House of Commons staff), in subsection (2)(e) before “VII” insert “ 6A, ”.E+W+S

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I6Sch. 1 para. 6 in force at 6.4.2010 for specified purposes by S.I. 2010/303, art. 4, Sch. 3 (with arts. 9-11)

7In section 199 (mariners)—E+W+S

(a)in subsection (2), after “47E,” insert “ 47F, ”;

(b)in that subsection, before “VII” insert “ 6A, ”;

(c)in subsection (8)(d), before “VII” insert “ 6A, ”.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I7Sch. 1 para. 7 in force at 6.4.2010 for specified purposes by S.I. 2010/303, art. 4, Sch. 3 (with arts. 9-11)

8In section 225 (how to calculate a week's pay in relation to rights during employment) after subsection (4A) insert—E+W+S

(4B)Where the calculation is for the purposes of section 63J, the calculation date is the day on which the section 63D application was made.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I8Sch. 1 para. 8 in force at 6.4.2010 for specified purposes by S.I. 2010/303, art. 4, Sch. 3 (with arts. 9-11)

9In section 227(1) (maximum amount of week's pay) before paragraph (za) insert—E+W+S

(zza)an award of compensation under section 63J(1)(b),.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I9Sch. 1 para. 9 in force at 6.4.2010 for specified purposes by S.I. 2010/303, art. 4, Sch. 3 (with arts. 9-11)

10In section 235(1) (other definitions) at the appropriate place insert—E+W+S

section 63D application” has the meaning given by section 63D(2);.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I10Sch. 1 para. 10 in force at 6.4.2010 for specified purposes by S.I. 2010/303, art. 4, Sch. 3 (with arts. 9-11)

11In section 236(3) (orders and regulations subject to affirmative Parliamentary procedure), after “47C,” insert “ 63D, 63F(7), ”.E+W+S

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I11Sch. 1 para. 11 in force at 6.4.2010 for specified purposes by S.I. 2010/303, art. 4, Sch. 3 (with arts. 9-11)

Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52)E+W+S

12The Trade Union and Labour Relations (Consolidation) Act 1992 is amended as follows.E+W+S

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I12Sch. 1 para. 12 in force at 6.4.2010 for specified purposes by S.I. 2010/303, art. 4, Sch. 3 (with arts. 9-11)

13In section 212A (arbitration scheme for unfair dismissal cases etc.), in subsection (1)—E+W+S

(a)before paragraph (za) insert—

(zza)section 63F(4), (5) or (6) or 63I(1)(b) of the Employment Rights Act 1996 (study and training);;

(b)in paragraph (za) for “the Employment Rights Act 1996” substitute “ that Act ”.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I13Sch. 1 para. 13 in force at 6.4.2010 for specified purposes by S.I. 2010/303, art. 4, Sch. 3 (with arts. 9-11)

14In section 237(1A)(a) (cases where employee may complain of unfair dismissal despite participation in unofficial industrial action)—E+W+S

(a)for “or 104D” substitute “ , 104D or 104E ”;

(b)for “and pension scheme membership” substitute “ , pension scheme membership, and study and training ”.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I14Sch. 1 para. 14 in force at 6.4.2010 for specified purposes by S.I. 2010/303, art. 4, Sch. 3 (with arts. 9-11)

15In section 238(2A)(a) (cases where employment tribunal to determine whether dismissal of an employee is unfair despite limitation in subsection (2) of that section)—E+W+S

(a)for “or 104D” substitute “ , 104D or 104E ”;

(b)for “and pension scheme membership” substitute “ , pension scheme membership, and study and training ”.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I15Sch. 1 para. 15 in force at 6.4.2010 for specified purposes by S.I. 2010/303, art. 4, Sch. 3 (with arts. 9-11)

Employment Tribunals Act 1996 (c. 17)E+W+S

16In section 18 of the Employment Tribunals Act 1996 (conciliation), in subsection (1)(d) after “28,” insert “ 63F(4), (5) or (6), 63I(1)(b), ”.E+W+S

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I16Sch. 1 para. 16 in force at 6.4.2010 for specified purposes by S.I. 2010/303, art. 4, Sch. 3 (with arts. 9-11)

Section 59

Schedule 2E+W[F1Local authority] functions: minor and consequential amendments

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Education Act 1996 (c. 56)E+W

1The Education Act 1996 is amended as follows.E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I17Sch. 2 para. 1 in force at 12.1.2010 for specified purposes by S.I. 2009/3317, art. 2, Sch.

I18Sch. 2 para. 1 in force at 1.4.2010 for specified purposes by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

I19Sch. 2 para. 1 in force at 1.9.2010 in so far as not already in force by S.I. 2010/303, art. 6, Sch. 5 (with arts. 9-11)

2(1)Section 13 (general responsibility for education) is amended as follows.E+W

(2)In subsection (1) after “secondary education” insert “ and, in the case of a [F1local authority] in England, further education, ”.

(3)After subsection (2) insert—

(3)The reference in subsection (1) to further education is to further education for persons—

(a)who are over compulsory school age but under 19, or

(b)who are aged 19 or over but under 25 and are subject to learning difficulty assessment.

(4)For the purposes of this Act a person is subject to learning difficulty assessment if—

(a)a learning difficulty assessment has been conducted in respect of the person, or

(b)arrangements for a learning difficulty assessment to be conducted in respect of the person have been made or are required to be made.

(5)In subsection (4), a “learning difficulty assessment” means an assessment under section 139A or 140 of the Learning and Skills Act 2000 (assessments relating to learning difficulties).

(6)For the purposes of subsection (1), persons who are subject to a detention order are to be regarded as part of the population of the area in which they are detained (and not any other area).

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I20Sch. 2 para. 2 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

3For section 13A substitute—E+W

13ADuty to promote high standards and fulfilment of potential

(1)A [F1local authority] in England must ensure that their relevant education functions and their relevant training functions are (so far as they are capable of being so exercised) exercised by the authority with a view to—

(a)promoting high standards,

(b)ensuring fair access to opportunity for education and training, and

(c)promoting the fulfilment of learning potential by every person to whom this subsection applies.

(2)Subsection (1) applies to the following—

(a)persons under the age of 20;

(b)persons aged 20 or over but under 25 who are subject to learning difficulty assessment.

(3)A [F1local authority] in Wales must ensure that their relevant education functions and their relevant training functions are (so far as they are capable of being so exercised) exercised by the authority with a view to—

(a)promoting high standards, and

(b)promoting the fulfilment of learning potential by every person to whom this subsection applies.

(4)Subsection (3) applies to persons under the age of 20.

(5)In this section—

  • education” and “training” have the same meanings as in section 15ZA;

  • relevant education function”, in relation to a [F1local authority] in England, means a function relating to the provision of education for—

    (a)

    persons of compulsory school age (whether at school or otherwise);

    (b)

    persons (whether at school or otherwise) who are over compulsory school age and to whom subsection (1) applies;

    (c)

    persons who are under compulsory school age and are registered as pupils at schools maintained by the authority;

  • relevant education function”, in relation to a [F1local authority] in Wales, means a function relating to the provision of education for—

    (a)

    persons of compulsory school age (whether at school or otherwise);

    (b)

    persons (whether at school or otherwise) who are over compulsory school age but under the age of 20;

    (c)

    persons who are under compulsory school age and are registered as pupils at schools maintained by the authority;

  • relevant training function” means a function relating to the provision of training.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I21Sch. 2 para. 3 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

4(1)Section 15A (functions in respect of full-time education for 16 to 18 year olds) is amended as follows.E+W

(2)In subsection (1) after “[F1local authority]” insert “ in Wales ”.

(3)After subsection (1) insert—

(1ZA)A [F1local authority] in England may secure the provision for their area of full-time or part-time education suitable to the requirements of persons from other areas who are over compulsory school age but have not attained the age of 19.

(4)In subsection (1A) for “subsection (1)” substitute “ subsections (1) and (1ZA) ”.

(5)In subsection (3) for “section 13(5) and (6) of the Learning and Skills Act 2000” substitute “ section 15ZA(6) and (7) ”.

(6)In the title for “Functions in respect of full-time education” substitute “ Powers in respect of education and training ”.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I22Sch. 2 para. 4 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

5In section 15B (functions in respect of education for persons over 19) in subsection (3) for “section 13(5) and (6) of the Learning and Skills Act 2000” substitute “ section 15ZA(6) and (7) ”.E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I23Sch. 2 para. 5 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

6(1)Section 312 (meaning of “special educational needs”, “learning difficultyetc) is amended as follows.E+W

(2)In subsection (2) for the words from “subsection (3)” to “section 507B)” substitute “ subsections (3) and (3A) ”.

(3)After subsection (3) insert—

(3A)Subsection (2) does not apply—

(a)for the purposes of sections 15ZA, 15A, 15B and 507B, or

(b)for the purposes of sections 18A and 562H (except for the purpose of determining, for the purposes of those sections, whether a child has special educational needs).

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I24Sch. 2 para. 6 in force at 1.9.2010 by S.I. 2010/303, art. 6, Sch. 5 (with arts. 9-11)

7In section 496 (power of Secretary of State to prevent unreasonable exercise of functions) after subsection (4) (as inserted by section 221(1) of this Act) insert—E+W

(5)This section is subject to sections 508I and 509AE (complaints about transport arrangements etc).

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I25Sch. 2 para. 7 in force at 12.1.2010 for specified purposes by S.I. 2009/3317, art. 2, Sch. (with art. 3)

I26Sch. 2 para. 7 in force at 1.4.2010 in so far as not already in force by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

8In section 497 (general default powers of Secretary of State) after subsection (5) (as inserted by section 221(2) of this Act) insert—E+W

(6)This section is subject to sections 508I and 509AE (complaints about transport arrangements etc).

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I27Sch. 2 para. 8 in force at 12.1.2010 for specified purposes by S.I. 2009/3317, art. 2, Sch. (with art. 3)

I28Sch. 2 para. 8 in force at 1.4.2010 in so far as not already in force by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

9In section 497A (power of Secretary of State to secure proper performance of LEA's functions) at the end insert—E+W

(8)This section is subject to sections 508I and 509AE (complaints about transport arrangements etc).

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I29Sch. 2 para. 9 in force at 12.1.2010 for specified purposes by S.I. 2009/3317, art. 2, Sch. (with art. 3)

I30Sch. 2 para. 9 in force at 1.4.2010 in so far as not already in force by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

10(1)In the title of section 509AA, for “Provision” substitute [F2Local authorities] in England: provision ”.E+W

(2)For the title of section 509AB substitute [F2Local authorities] in England: further provision about transport policy statements for persons of sixth form age ”.

(3)In the title of section 509A, for “Travel” substitute [F2Local authorities] in England: travel ”.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Commencement Information

I31Sch. 2 para. 10 in force at 12.1.2010 by S.I. 2009/3317, art. 2, Sch.

11After section 569 insert—E+W

569ARegulations made by Welsh Ministers under Chapter 5A

(1)Any power of the Welsh Ministers to make regulations under Chapter 5A shall be exercised by statutory instrument.

(2)A statutory instrument containing any such regulations made by the Welsh Ministers shall be subject to annulment in pursuance of a resolution of the National Assembly for Wales.

(3)Any such regulations may make different provision for different cases, circumstances or areas and may contain such incidental, supplemental, saving or transitional provisions as the Welsh Ministers think fit.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I32Sch. 2 para. 11 in force at 1.9.2010 by S.I. 2010/303, art. 6, Sch. 5 (with arts. 9-11)

12In section 579(1) (general interpretation)—E+W

(a)in the definition of “prescribed”, after “ “prescribed”” insert “ (except in Chapter 5A) ”;

(b)in the definition of “regulations”, after “ “regulations”” insert “ (except in Chapter 5A) ”.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I33Sch. 2 para. 12 in force at 1.9.2010 by S.I. 2010/303, art. 6, Sch. 5 (with arts. 9-11)

13In section 580 (index) insert the following entries at the appropriate places—E+W

relevant young adult (in sections 508F, 508G and 508I)section 508F(9)”;
“relevant youth accommodationsection 562(1A)”;
“subject to a detention ordersection 562(1A)”;
“subject to learning difficulty assessmentsection 13(4)
Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I34Sch. 2 para. 13 in force at 1.9.2010 by S.I. 2010/303, art. 6, Sch. 5 (with arts. 9-11)

Education Act 2002 (c. 32)E+W

14In section 207(2) of the Education Act 2002 (recoupment: adjustment between [F2local authorities]), for “primary education and secondary education)” substitute E+W

(a)primary education;

(b)secondary education;

(c)education provided under section 562C of the Education Act 1996 (detention of persons with special educational needs: appropriate special educational provision).

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I35Sch. 2 para. 14 in force at 1.9.2010 by S.I. 2010/303, art. 6, Sch. 5 (with arts. 9-11)

Section 60

Schedule 3E+WThe Young People's Learning Agency for England

StatusE+W

1(1)The YPLA is not to be regarded—E+W

(a)as a servant or agent of the Crown, or

(b)as enjoying any status, immunity or privilege of the Crown.

(2)The YPLA's property is not to be regarded—

(a)as property of the Crown, or

(b)as property held on behalf of the Crown.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I36Sch. 3 para. 1 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

MembershipE+W

2(1)The YPLA is to consist of—E+W

(a)between 10 and 16 members appointed by the Secretary of State (the “ordinary members”), and

(b)the chief executive of the YPLA.

(2)The Secretary of State must appoint one of the ordinary members to chair the YPLA (“the chair”).

(3)In appointing the ordinary members, the Secretary of State must have regard to the desirability of the ordinary members, taken together, having experience relevant to—

(a)the full range of the YPLA's functions, and

(b)any functions that may be conferred or imposed on the YPLA under Academy arrangements.

(4)Academy arrangements” has the meaning given by section 77(2).

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I37Sch. 3 para. 2 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

TenureE+W

3(1)The chair and other ordinary members hold and vacate office in accordance with the terms of their appointments, subject to the following provisions of this Schedule.E+W

(2)The chair and other ordinary members may resign from office at any time by giving written notice to the Secretary of State.

(3)The Secretary of State may remove an ordinary member from office on either of the following grounds—

(a)inability or unfitness to carry out the duties of the office;

(b)absence from the YPLA's meetings for a continuous period of more than 6 months without the YPLA's permission.

(4)The previous appointment of a person as the chair or another ordinary member does not affect the person's eligibility for re-appointment.

(5)If the chair ceases to be an ordinary member, the person also ceases to be the chair.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I38Sch. 3 para. 3 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

Remuneration etc. of membersE+W

4(1)The YPLA may, and must if the Secretary of State requires it to do so, pay remuneration, allowances and expenses to any of the ordinary members.E+W

(2)The YPLA may, and must if the Secretary of State requires it to do so, pay, or make provision for the payment of, a pension, allowances or gratuities to or in respect of a current or former ordinary member.

(3)If a person ceases to be an ordinary member and the Secretary of State decides that the person should be compensated because of special circumstances, the YPLA must pay compensation to the person.

(4)The amount of a payment under this paragraph is to be determined by the Secretary of State.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I39Sch. 3 para. 4 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

StaffE+W

5(1)The first chief executive is to be appointed by the Secretary of State, on conditions of service determined by the Secretary of State.E+W

(2)Later chief executives are to be appointed by the YPLA, on conditions of service determined by the YPLA.

(3)The appointment and conditions of service of a later chief executive are subject to the approval of the Secretary of State.

(4)The YPLA may appoint other members of staff.

(5)The conditions of service of the other members of the YPLA's staff are to be determined by the YPLA with the approval of the Secretary of State.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I40Sch. 3 para. 5 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

6(1)Employment with the YPLA is to be included among the kinds of employment to which a scheme under section 1 of the Superannuation Act 1972 (c. 11) (superannuation schemes as respects civil servants, etc.) can apply.E+W

(2)The YPLA must pay to the Minister for the Civil Service, at such times as the Minister may direct, such sums as the Minister may determine in respect of increases attributable to this paragraph in the sums payable under the Superannuation Act 1972 out of money provided by Parliament.

(3)Sub-paragraph (4) applies if a member of staff of the YPLA (“E”)—

(a)is, by reference to employment with the YPLA, a participant in a scheme under section 1 of the Superannuation Act 1972, and

(b)is also a member of the YPLA.

(4)The Secretary of State may determine that E's service as a member of the YPLA is to be treated for the purposes of the scheme as service as a member of staff of the YPLA (whether or not any benefits are payable to or in respect of E by virtue of paragraph 4(2)).

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I41Sch. 3 para. 6 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

CommitteesE+W

7(1)The YPLA may establish committees, and any committee established by the YPLA may establish sub-committees.E+W

(2)The YPLA may—

(a)dissolve a sub-committee established under sub-paragraph (1), or

(b)alter the purposes for which such a sub-committee is established.

(3)In this Schedule a committee or sub-committee established under sub-paragraph (1) is referred to as a “YPLA committee”.

(4)A YPLA committee may consist of or include persons who are not members of the YPLA or the YPLA's staff.

(5)The YPLA may arrange for the payment of remuneration, allowances and expenses to any person who—

(a)is a member of a YPLA committee, but

(b)is not a member of the YPLA or the YPLA's staff.

(6)The YPLA must keep under review—

(a)the structure of YPLA committees, and

(b)the scope of each YPLA committee's activities.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I42Sch. 3 para. 7 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

8(1)The YPLA and any other person may establish a committee jointly.E+W

(2)In this Schedule a committee established under sub-paragraph (1) is referred to as a “joint committee”.

(3)A joint committee may establish sub-committees.

(4)In this Schedule a sub-committee established under sub-paragraph (3) is referred to as a “joint sub-committee”.

(5)The YPLA may arrange for the payment of remuneration, allowances and expenses to any person who—

(a)is a member of a joint committee or joint sub-committee, but

(b)is not a member of the YPLA or the YPLA's staff.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I43Sch. 3 para. 8 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

Procedure etc.E+W

9(1)The YPLA may regulate—E+W

(a)its own proceedings (including quorum), and

(b)the procedure (including quorum) of YPLA committees.

(2)A joint committee may regulate—

(a)its own procedure (including quorum), and

(b)the procedure (including quorum) of any sub-committee established by it.

(3)The validity of proceedings of the YPLA, or of a YPLA committee, joint committee or joint sub-committee, is not affected by—

(a)a vacancy;

(b)a defective appointment.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I44Sch. 3 para. 9 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

10(1)The following have the right to attend meetings of the YPLA, and of YPLA committees, joint committees and joint sub-committees—E+W

(a)the Secretary of State;

(b)a representative of the Secretary of State.

(2)A person attending a meeting of the YPLA, or of a YPLA committee, joint committee or joint sub-committee under sub-paragraph (1) may take part in its deliberations (but not its decisions).

(3)If a person with a right to attend a meeting of the YPLA, or of a YPLA committee, joint committee or joint sub-committee requests it, the YPLA must provide the person with all information relating to the meeting that—

(a)has been distributed to the members of the YPLA, or of the YPLA committee, joint committee or joint sub-committee, and

(b)is likely to be needed by the person in order to take part in the meeting.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I45Sch. 3 para. 10 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

DelegationE+W

11(1)The YPLA may delegate any of its functions to—E+W

(a)the chair or the chief executive;

(b)a committee established by the YPLA;

(c)a joint committee.

(2)If a function is delegated to the chair, the chair may delegate the function to any of the other ordinary members or the chief executive.

(3)If a function is delegated to the chief executive, the chief executive may delegate the function to a member of the YPLA's staff.

(4)A function is delegated under this paragraph to the extent and on the terms that the person delegating it determines.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I46Sch. 3 para. 11 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

12(1)A committee established by the YPLA or a joint committee may delegate any of its functions to a sub-committee established by it.E+W

(2)A function is delegated under this paragraph to the extent and on the terms that the committee determines.

(3)The power of a committee established by the YPLA to delegate a function under this paragraph, and to determine the extent and terms of the delegation, are subject to the YPLA's powers to direct what a committee established by it may and may not do.

(4)The power of a joint committee to delegate a function under this paragraph, and to determine the extent and terms of the delegation, are subject to the power of the YPLA and any other person with whom the YPLA established the committee to direct (acting jointly) what the committee may and may not do.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I47Sch. 3 para. 12 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

PlansE+W

13(1)The YPLA must make and publish a plan for each academic year.E+W

(2)The YPLA's plan for an academic year must be published before the start of the academic year.

(3)The YPLA's plan for an academic year must include—

(a)the YPLA's proposals as to how it intends to achieve in that year any objectives for the year set out in directions under section 75 or grant conditions;

(b)the YPLA's proposals as to how it proposes to use its grant funding for the year.

(4)In this paragraph—

  • academic year” means—

    (a)

    the period beginning on the day on which section 60 comes into force and ending on the following 31 August;

    (b)

    each successive period of 12 months;

  • “grant conditions” mean conditions to which a grant under paragraph 18 is subject;

  • grant funding” means a grant under that paragraph.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I48Sch. 3 para. 13(1) (3)-(4) in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

I49Sch. 3 para. 13(2) in force at 1.4.2010 for specified purposes by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

ReportsE+W

14(1)As soon as reasonably practicable after the end of each reporting period the YPLA must prepare an annual report for the period.E+W

(2)The annual report must state how the YPLA has performed its functions in the reporting period.

(3)The YPLA must send a copy of each annual report to the Secretary of State.

(4)The Secretary of State must lay before Parliament a copy of each report received under sub-paragraph (3) and arrange for it to be published.

(5)In this paragraph “reporting period” means—

(a)the period specified by the Secretary of State in a direction given to the YPLA;

(b)each successive period of 12 months.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I50Sch. 3 para. 14 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

AccountsE+W

15(1)The YPLA must—E+W

(a)keep proper accounts and proper records in relation to the accounts, and

(b)prepare annual accounts in respect of each financial year.

(2)The annual accounts must comply with any directions given by the Secretary of State as to—

(a)the information to be contained in them,

(b)the manner in which the information contained in them is to be presented, or

(c)the methods and principles according to which the annual accounts are to be prepared.

(3)Before the end of the month of August next following each financial year, the YPLA must send copies of the annual accounts for the year to—

(a)the Secretary of State, and

(b)the Comptroller and Auditor General.

(4)The Comptroller and Auditor General must—

(a)examine, certify and report on the annual accounts, and

(b)give a copy of the report to the Secretary of State.

(5)The Secretary of State must lay before Parliament—

(a)a copy of any annual accounts received under sub-paragraph (3), and

(b)a copy of each report received under sub-paragraph (4).

(6)In this paragraph “financial year” means—

(a)the period specified by the Secretary of State in a direction given to the YPLA;

(b)each successive period of 12 months.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I51Sch. 3 para. 15 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

DocumentsE+W

16The application of the YPLA's seal is authenticated by the signatures of—E+W

(a)the chair or another person authorised (generally or specifically) for that purpose by the YPLA, and

(b)one other member of the YPLA.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I52Sch. 3 para. 16 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

17Any document purporting to be an instrument made or issued by or on behalf of the YPLA, and to be duly executed by a person authorised by the YPLA in that behalf—E+W

(a)is to be received in evidence, and

(b)is to be taken to be made or issued in that way, unless the contrary is shown.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I53Sch. 3 para. 17 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

FundingE+W

18(1)The Secretary of State may make grants to the YPLA for the purposes of any of its functions.E+W

(2)Grants to the YPLA under this paragraph are to be made at such times and subject to such conditions (if any) as the Secretary of State thinks appropriate.

(3)Conditions to which a grant is subject may (in particular)—

(a)set the YPLA's budget for any financial year;

(b)require the YPLA to use the grant for specified purposes;

(c)require the YPLA to comply with specified requirements in respect of persons or persons of a specified description in securing the provision of specified financial resources to such persons;

(d)enable repayment (in whole or part) to be required of sums paid by the Secretary of State if any condition subject to which the grant was made is not complied with;

(e)require the payment of interest in respect of any period during which a sum due to the Secretary of State in accordance with any condition remains unpaid.

(4)Requirements which may be imposed under sub-paragraph (3)(c) include in particular requirements that, if the YPLA provides specified financial resources, it is to impose specified conditions.

(5)The Secretary of State may not impose conditions which relate to the YPLA's securing of the provision of financial resources to a particular person or persons.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I54Sch. 3 para. 18 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

Supplementary powersE+W

19(1)The YPLA may do anything that it considers necessary or appropriate for the purposes of, or in connection with, its functions.E+W

(2)The power in sub-paragraph (1) is subject to any restrictions imposed by or under any provision of any Act.

(3)The YPLA may not borrow money.

(4)The YPLA may not do any of the following without the consent of the Secretary of State—

(a)lend money;

(b)form, participate in forming or invest in a company;

(c)form, participate in forming or otherwise become a member of a charitable incorporated organisation (within the meaning of section 69A of the Charities Act 1993 (c. 10)).

(5)In sub-paragraph (4)(b) the reference to investing in a company includes a reference to—

(a)becoming a member of the company, and

(b)investing in it by the acquisition of any assets, securities or rights or otherwise.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I55Sch. 3 para. 19 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

Parliamentary Commissioner Act 1967 (c. 13)E+W

20In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc. subject to investigation) at the appropriate place insert— “ The Young People's Learning Agency for England. ”E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I56Sch. 3 para. 20 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

House of Commons Disqualification Act 1975 (c. 24)E+W

21In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 (other disqualifying offices) at the appropriate place insert— “ Any member of the Young People's Learning Agency for England in receipt of remuneration. ”E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I57Sch. 3 para. 21 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

Superannuation Act 1972 (c. 11)E+W

22In Schedule 1 to the Superannuation Act 1972 (kinds of employment, etc, referred to in section 1 of that Act) under the heading “Other bodies” at the appropriate place insert— “ The Young People's Learning Agency for England ”.E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I58Sch. 3 para. 22 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

Section 81

Schedule 4E+WThe Chief Executive of Skills Funding

StatusE+W

1(1)The Chief Executive is to perform the functions of the office on behalf of the Crown.E+W

(2)The person for the time being holding the office of Chief Executive is by the name of that office to be a corporation sole.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I59Sch. 4 para. 1 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

Tenure of office and terms of appointmentE+W

2(1)The Secretary of State may remove the Chief Executive from office on the grounds of inability or unfitness to carry out the functions of the office.E+W

(2)The Chief Executive may resign at any time by giving written notice to the Secretary of State.

(3)Otherwise, the Chief Executive holds and vacates office in accordance with the terms of appointment to that office (which may include provision for dismissal).

(4)Service as Chief Executive is to be employment in the civil service of the State.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I60Sch. 4 para. 2 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

StaffE+W

3(1)The Chief Executive may appoint staff.E+W

(2)Service as a member of the Chief Executive's staff is to be service in the civil service of the State.

(3)Subject to sub-paragraph (2), the conditions of service of the staff appointed by the Chief Executive are to be determined by the Chief Executive.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I61Sch. 4 para. 3 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

DelegationE+W

4(1)The Chief Executive may delegate any of the functions of the office—E+W

(a)to a member of the Chief Executive's staff appointed under paragraph 3, or

(b)to a member of staff provided to the Chief Executive by the Secretary of State under arrangements under paragraph 5.

(2)Any delegation under sub-paragraph (1) is to be to the extent, and on terms, that the Chief Executive determines.

(3)This paragraph is subject to section 82.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I62Sch. 4 para. 4 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

Arrangements with Secretary of StateE+W

5The Secretary of State and the Chief Executive may enter into arrangements with each other for the provision to the Chief Executive by the Secretary of State, on such terms as may be agreed, of staff, accommodation or services.E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I63Sch. 4 para. 5 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

FundingE+W

6(1)The Secretary of State may make grants to the Chief Executive.E+W

(2)Grants to the Chief Executive are to be made at such times and subject to such conditions (if any) as the Secretary of State thinks appropriate.

(3)Conditions to which a grant is subject may—

(a)set the Chief Executive's budget for any financial year;

(b)require the Chief Executive to use the grant for specified purposes;

(c)require the Chief Executive to comply with specified requirements in respect of persons or persons of a specified description in securing the provision of specified financial resources to such persons;

(d)enable repayment (in whole or part) to be required of sums paid by the Secretary of State if any condition subject to which the grant was made is not complied with;

(e)require the payment of interest in respect of any period during which a sum due to the Secretary of State in accordance with any condition remains unpaid.

(4)Requirements which may be imposed under sub-paragraph (3)(c) include in particular requirements that, if the Chief Executive provides specified financial resources, the Chief Executive is to impose specified conditions.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I64Sch. 4 para. 6 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

ReportsE+W

7(1)As soon as reasonably practicable after the end of each financial year the Chief Executive must prepare an annual report for the financial year.E+W

(2)The annual report must state how the Chief Executive has performed the functions of the office in the financial year.

(3)The Chief Executive must send a copy of each report prepared under sub-paragraph (1) to the Secretary of State.

(4)The Secretary of State must lay before Parliament a copy of each report received under sub-paragraph (3) and arrange for it to be published.

(5)The Chief Executive may—

(a)prepare other reports on matters relating to the functions of the office, and

(b)must send a copy of each report prepared under paragraph (a) to the Secretary of State.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I65Sch. 4 para. 7 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

AccountsE+W

8(1)The Chief Executive must—E+W

(a)keep proper accounts and proper records in relation to the accounts, and

(b)prepare annual accounts in respect of each financial year.

(2)The annual accounts must comply with any directions given by the Secretary of State with the approval of the Treasury as to—

(a)the information to be contained in them,

(b)the manner in which the information contained in them is to be presented, or

(c)the methods and principles according to which the annual accounts are to be prepared.

(3)Before the end of the month of August next following each financial year, the Chief Executive must send copies of the annual accounts for the year to—

(a)the Secretary of State, and

(b)the Comptroller and Auditor General.

(4)The Comptroller and Auditor General must—

(a)examine, certify and report on the annual accounts, and

(b)give a copy of the report to the Secretary of State.

(5)The Secretary of State must lay before Parliament—

(a)a copy of any annual accounts received under sub-paragraph (3), and

(b)a copy of each report received under sub-paragraph (4).

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I66Sch. 4 para. 8 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

Supplementary powersE+W

9(1)The Chief Executive may do anything that the Chief Executive considers necessary or appropriate for the purposes of, or in connection with, the functions of the office.E+W

(2)The power in sub-paragraph (1) is subject to any restrictions imposed by or under any provision of any Act.

(3)The Chief Executive may not borrow money.

(4)The Chief Executive may not do any of the following without the consent of the Secretary of State—

(a)lend money;

(b)form, participate in forming or invest in a company;

(c)form, participate in forming or otherwise become a member of a charitable incorporated organisation (within the meaning of section 69A of the Charities Act 1993 (c. 10)).

(5)In sub-paragraph (4)(b) the reference to investing in a company includes a reference to—

(a)becoming a member of the company, and

(b)investing in it by the acquisition of any assets, securities or rights or otherwise.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I67Sch. 4 para. 9 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

Directions about managementE+W

10The Secretary of State may give directions to the Chief Executive about the financial and other management of and administrative arrangements relating to the office comprising the Chief Executive and the staff of the Chief Executive.E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I68Sch. 4 para. 10 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

Financial yearE+W

11In this Schedule “financial year” means—E+W

(a)the period beginning on the day on which section 81 comes into force and ending on the following 31 March;

(b)each successive period of 12 months.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I69Sch. 4 para. 11 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

Section 87

Schedule 5E+WLearning aims for persons aged 19 or over

Part 1 E+WQualifications to which Schedule applies

1This paragraph applies to the following qualifications—E+W

(a)a specified qualification in literacy;

(b)a specified qualification in numeracy;

(c)a specified vocational qualification at level 2.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I70Sch. 5 para. 1 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

2This paragraph applies to a specified qualification at level 3.E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I71Sch. 5 para. 2 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

Part 2 E+WPower to specify

Power to specifyE+W

3(1)In paragraphs 1 and 2, a reference to a specified qualification is to a regulated qualification which is specified, or which is of a description specified, in regulations.E+W

(2)The regulations may specify qualifications, or descriptions of qualifications, by reference to an assessment made by the Chief Executive of the level of attainment demonstrated by a qualification; and for that purpose the regulations may confer functions (which may include the exercise of a discretion) on the Chief Executive.

(3)The regulations may make provision which applies subject to exceptions specified in the regulations.

(4)In sub-paragraph (1) “regulated qualification” has the meaning given by section 130.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I72Sch. 5 para. 3 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

Power to specify qualification in literacyE+W

4The level of attainment in literacy demonstrated by a specified qualification in literacy must be the level which, in the opinion of the Secretary of State, is the minimum required in that respect by persons aged 19 or over in order to be able to operate effectively in day-to-day life.E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I73Sch. 5 para. 4 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

Power to specify qualification in numeracyE+W

5The level of attainment in numeracy demonstrated by a specified qualification in numeracy must be the level which, in the opinion of the Secretary of State, is the minimum required in that respect by persons aged 19 or over in order to be able to operate effectively in day-to-day life.E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I74Sch. 5 para. 5 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

Level 2E+W

6Level 2 is the level of attainment (in terms of breadth and depth) which, in the opinion of the Secretary of State, is demonstrated by the General Certificate of Secondary Education in five subjects, each at Grade C or above.E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I75Sch. 5 para. 6 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

Level 3E+W

7Level 3 is the level of attainment (in terms of breadth and depth) which, in the opinion of the Secretary of State, is demonstrated by the General Certificate of Education at the advanced level in two subjects.E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I76Sch. 5 para. 7 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

Advice and informationE+W

8In forming an opinion for the purposes of this Schedule, the Secretary of State may have regard, in particular, to advice or information relating to qualifications which is provided by—E+W

(a)the Chief Executive,

(b)the Qualifications and Curriculum Development Agency, or

(c)the Office of Qualifications and Examinations Regulation.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I77Sch. 5 para. 8 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

Power to amendE+W

9(1)The Secretary of State may by order amend this Schedule so as to—E+W

(a)add a category of qualification to Part 1;

(b)remove a category of qualification for the time being referred to in Part 1;

(c)substitute a different qualification for a qualification for the time being referred to in Part 2;

(d)make consequential amendments.

(2)The power conferred by sub-paragraph (1)(b) includes power to remove every category of qualification to which a paragraph of Part 1 for the time being applies.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I78Sch. 5 para. 9 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

Section 123

Schedule 6E+WDissolution of the Learning and Skills Council for England: minor and consequential amendments

Race Relations Act 1976 (c. 74)E+W

F31. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Commencement Information

I79Sch. 6 para. 1 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

Further and Higher Education Act 1992 (c. 13)E+W

2The Further and Higher Education Act 1992 is amended as follows.E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I80Sch. 6 para. 2 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

3(1)Section 19 (supplementary powers of a further education corporation) is amended as follows.E+W

(2)In subsection (4AC)(a), for “Learning and Skills Council for England” substitute “ Chief Executive of Skills Funding ”.

(3)In subsection (4B), for “Learning and Skills Council for England” substitute “ Chief Executive of Skills Funding ”.

(4)In subsection (4C), for “council” substitute “ Chief Executive ”.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I81Sch. 6 para. 3 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

4In section 29(7A) (government and conduct of designated institutions)—E+W

(a)for paragraph (a) (but not the “or” following it) substitute—

(a)the Chief Executive of Skills Funding under section 56AA,;

(b)in paragraph (b), for “that Act” substitute “ the Learning and Skills Act 2000 ”.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I82Sch. 6 para. 4 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

5In section 31(2A) (designated institutions conducted by companies)—E+W

(a)for paragraph (a) (but not the “or” following it) substitute—

(a)the Chief Executive of Skills Funding under section 56AA,;

(b)in paragraph (b), for “that Act” substitute “ the Learning and Skills Act 2000 ”.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I83Sch. 6 para. 5 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

6In section 54(1) (duty to give information)—E+W

(a)for “the Learning and Skills Council for England” substitute “ the Chief Executive of Skills Funding ”;

(b)for “the council”, in both places where it occurs, substitute “ the Chief Executive ”.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I84Sch. 6 para. 6 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

7(1)Section 56A (intervention: England) is amended as follows.E+W

(2)In subsection (1), for “Learning and Skills Council for England” substitute “ Chief Executive of Skills Funding (referred to in this section and sections 56AA to 56D as “the Chief Executive”) ”.

(3)In subsections (3) and (4), for “council”, wherever occurring, substitute “ Chief Executive ”.

(4)In subsection (5)—

(a)for the words from “If the” to “same time” substitute “ At the same time as doing one or more of those things the Chief Executive must ”;

(b)in paragraphs (a) to (c) for “council”, wherever appearing, substitute “ Chief Executive ”.

(5)In subsection (6)—

(a)for “council” substitute “ Chief Executive ”;

(b)in paragraph (c), for “as it thinks” substitute “ as the Chief Executive thinks ”.

(6)In subsection (9), for “council” substitute “ Chief Executive ”.

(7)In subsection (10), for “council, where it considers” substitute “ Chief Executive, where the Chief Executive considers ”.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I85Sch. 6 para. 7 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

8After section 56A insert—E+W

56AAAppointment by Chief Executive of Skills Funding of members of governing body of further education institutions

(1)The Chief Executive may appoint a person to be a member of the governing body of an institution which—

(a)is conducted by a further education corporation, and

(b)mainly serves the population of England.

(2)But no more than two members of the governing body of a given institution may at any given time have been appointed under this section.

(3)A member of the governing body of an institution who was appointed before the relevant commencement date by the Learning and Skills Council for England under section 11 of the Learning and Skills Act 2000 is, on and after that date, to be treated for the purposes of subsection (2) of this section as appointed by the Chief Executive under this section.

(4)“The relevant commencement date” is the date on which section 123 of the Apprenticeships, Skills, Children and Learning Act 2009 comes into force.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I86Sch. 6 para. 8 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

9(1)Section 56B (intervention policy: England) is amended as follows.E+W

(2)In subsection (1)—

(a)for “Learning and Skills Council for England” substitute “ Chief Executive ”;

(b)in paragraph (a), for “its policy with respect to the exercise of its powers” substitute “ policy with respect to the exercise of the Chief Executive's powers ”;

(c)for paragraph (c) substitute—

(c)if the Chief Executive considers it appropriate in consequence of a review, prepare a revised statement of policy.

(3)In subsection (2)—

(a)for “council” substitute “ Chief Executive ”;

(b)in paragraph (a), for “it thinks” substitute “ the Chief Executive thinks ”;

(c)in paragraph (b), for “made to it” substitute “ made to the Chief Executive ”.

(4)In subsection (3)—

(a)for “council” substitute “ Chief Executive ”;

(b)omit “its”.

(5)In subsection (4), for “council” substitute “ Chief Executive ”.

(6)In subsection (5)—

(a)for “council” substitute “ Chief Executive ”;

(b)for “prepared by it” substitute “ prepared under subsection (1) ”.

(7)In subsection (7)—

(a)for “council” substitute “ Chief Executive ”;

(b)for paragraphs (a) and (b) substitute “ any statement or revised statement received under subsection (6). ”

(8)In subsection (8)—

(a)for “council” substitute “ Chief Executive ”;

(b)for “its powers” substitute “ the Chief Executive's powers ”.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I87Sch. 6 para. 9 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

10(1)Section 56C (directions) is amended as follows.E+W

(2)In subsection (1)(b), for “Learning and Skills Council for England” substitute “ Chief Executive ”.

(3)In subsection (2)—

(a)for “council” substitute “ Chief Executive ”;

(b)for “council's” substitute “Chief Executive's”.

(4)In subsection (3), for “council”, in both places where it occurs, substitute “ Chief Executive ”.

(5)In subsection (4)—

(a)for “council” substitute “ Chief Executive ”;

(b)omit “to it”.

(6)In subsection (5), for “council”, in both places where it occurs, substitute “ Chief Executive ”.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I88Sch. 6 para. 10 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

11After section 56C insert—E+W

56DNotification by [F1local authority] or YPLA of possible grounds for intervention

(1)This section applies if a relevant body is of the view that any of the matters listed in section 56A(2) applies in relation to an institution in England within the further education sector, other than a sixth form college.

(2)The relevant body must notify the Chief Executive of that view.

(3)The Chief Executive must have regard to the relevant body's view in deciding whether to exercise the powers under section 56A.

(4)Relevant body” means a [F1local authority] or the YPLA.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I89Sch. 6 para. 11 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

12In Schedule 4 (instruments and articles of government for further education corporations) in paragraph 1A—E+W

(a)for paragraph (a) (but not the “or” following it) substitute—

(a)the Chief Executive of Skills Funding under section 56AA,;

(b)in paragraph (b), for “that Act” substitute “ the Learning and Skills Act 2000 ”.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I90Sch. 6 para. 12 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

Education Act 1996 (c. 56)E+W

13In section 13(2)(a) (general responsibility for education) for “Learning and Skills Council for England” substitute “ Chief Executive of Skills Funding ”.E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I91Sch. 6 para. 13 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

Learning and Skills Act 2000 (c. 21)E+W

14The Learning and Skills Act 2000 is amended as follows.E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I92Sch. 6 para. 14 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11, 13, 14) (as amended (30.3.3010) by S.I. 2010/1151, art. 22)

15Omit section 1 (the Learning and Skills Council for England).E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I93Sch. 6 para. 15 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11, 13) (as amended (30.3.3010) by S.I. 2010/1151, art. 22)

16Omit section 2 (duties of Learning and Skills Council: education and training for persons aged 16 to 19).E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I94Sch. 6 para. 16 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11, 14) (as amended (30.3.3010) by S.I. 2010/1151, art. 22)

17Omit section 3 (duties of Learning and Skills Council: education and training for persons over 19).E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I95Sch. 6 para. 17 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

18Omit section 4 (encouragement of education and training).E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I96Sch. 6 para. 18 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

19Omit sections 4A to 4C (learning aims for persons aged 19 and over).E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I97Sch. 6 para. 19 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

20Omit section 5 (provision of financial resources).E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I98Sch. 6 para. 20 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

21Omit section 6 (financial resources: conditions).E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I99Sch. 6 para. 21 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

22Omit section 7 (funding of school sixth forms).E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I100Sch. 6 para. 22 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

23Omit section 8 (links between education and training and employment).E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I101Sch. 6 para. 23 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

24Omit section 9 (assessments and means tests).E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I102Sch. 6 para. 24 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

25Omit section 10 (qualifying accounts and arrangements).E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I103Sch. 6 para. 25 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

26Omit section 11 (further education: governors).E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I104Sch. 6 para. 26 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

27Omit section 11A (support schemes relating to education and training for persons aged 10 to 15).E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I105Sch. 6 para. 27 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

28Omit section 12 (research and information).E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I106Sch. 6 para. 28 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

29Omit section 13 (persons with learning difficulties).E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I107Sch. 6 para. 29 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

30Omit section 14 (equality of opportunity).E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I108Sch. 6 para. 30 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

31Omit section 14A (consultation).E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I109Sch. 6 para. 31 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

32Omit section 15 (plans).E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I110Sch. 6 para. 32 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

33Omit section 16 (strategy).E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I111Sch. 6 para. 33 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

34Omit section 17 (use of information by Learning and Skills Council).E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I112Sch. 6 para. 34 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

35Omit section 18 (supplementary functions).E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I113Sch. 6 para. 35 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

36Omit sections 18A to 18C (regional councils).E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I114Sch. 6 para. 36 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

37Omit sections 24A to 24C (strategies for functions of the Learning and Skills Council).E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I115Sch. 6 para. 37 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

38Omit section 25 (directions).E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I116Sch. 6 para. 38 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

39Omit section 26 (committees).E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I117Sch. 6 para. 39 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

40Omit section 27 (grants to Learning and Skills Council).E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I118Sch. 6 para. 40 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

41Omit section 28 (annual report).E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I119Sch. 6 para. 41 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11, 13) (as amended (30.3.3010) by S.I. 2010/1151, art. 22)

42Omit section 29 (Council's financial year).E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I120Sch. 6 para. 42 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

43Omit section 97 (external qualifications: persons over 19).E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I121Sch. 6 para. 43 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

44(1)Section 98 (approved qualifications: England) is amended as follows.E+W

(2)In subsection (1), for “sections 96 and 97 in their application” substitute “ section 96 in its application ”.

(3)Omit subsection (2A).

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I122Sch. 6 para. 44 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

45(1)Section 99 (approved qualifications: Wales) is amended as follows.E+W

(2)In subsection (1), for “sections 96 and 97 in their application” substitute “ section 96 in its application ”.

(3)Omit subsection (2A).

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I123Sch. 6 para. 45 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

46In section 100 (authorised bodies) for “sections 96 and 97 in their application”, in both places where the words occur, substitute “ section 96 in its application ”.E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I124Sch. 6 para. 46 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

47In section 101 (enforcement: England) in subsection (1)—E+W

(a)for “sections 96 and 97 in their application” substitute “ section 96 in its application ”;

(b)after paragraph (a) insert “ or ”;

(c)omit paragraph (c) (and the word “or” before it).

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I125Sch. 6 para. 47 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

48In section 102 (enforcement: Wales) in subsection (1)—E+W

(a)for “sections 96 and 97 in their application” substitute “ section 96 in its application ”;

(b)after paragraph (a) insert “ or ”;

(c)omit paragraph (c) (and the word “or” before it).

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I126Sch. 6 para. 48 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

49(1)Section 113A (restructuring of sixth form education) is amended as follows.E+W

(2)Omit subsections (1), (4)(aa), (5), (7), (8) and (9)(f).

(3)In subsection (11)—

(a)in the definition of “regulations” omit paragraph (a) (and the “and” after it);

(b)in the definition of “relevant authority” omit paragraph (a) (and the “and” after it).

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I127Sch. 6 para. 49 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

50Omit Schedule 1 (the Learning and Skills Council for England).E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I128Sch. 6 para. 50 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11, 13) (as amended (30.3.3010) by S.I. 2010/1151, art. 22)

51Omit Schedule 1A (learning aims for persons aged 19 and over).E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I129Sch. 6 para. 51 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

52Omit Schedule 3 (committees (England)).E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I130Sch. 6 para. 52 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

53(1)Schedule 7A (implementation of proposals for restructuring sixth form education) is amended as follows.E+W

(2)In paragraph 1, omit “approved or” and “approval or”, wherever occurring.

(3)In paragraph 3(4), omit paragraph (a).

(4)Omit paragraphs 5(1), 6(1) and 7(1) and (2).

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I131Sch. 6 para. 53 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

Education Act 2002 (c. 32)E+W

54The Education Act 2002 is amended as follows.E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I132Sch. 6 para. 54 in force at 1.4.2010 for E. by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

I133Sch. 6 para. 54 in force at 1.4.2011 for W. by S.I. 2011/829, art. 2(e)

55After section 208 insert—E+W

208ARecoupment: adjustment between [F2local authorities] and the YPLA

(1)This section applies in relation to the following cases—

(a)the YPLA secures the provision of education under section 66 of the Apprenticeships, Skills, Children and Learning Act 2009 in respect of a person who belongs to the area of a [F1local authority] in England or Wales (“the home authority”);

(b)a [F1local authority] in England or Wales (“the providing authority”) secures the provision of education within section 66(1) or (3) of that Act in respect of a person who belongs to the area of a [F1local authority] in England.

(2)Regulations made by the appropriate national authority may make provision—

(a)in relation to cases within subsection (1)(a), requiring or authorising the payment of an amount by the home authority to the YPLA;

(b)in relation to cases within subsection (1)(b), requiring or authorising the payment of an amount by the YPLA to the providing authority.

(3)The amounts that may be required or authorised to be paid are such sums in respect of amounts described in the regulations as may be—

(a)agreed between the YPLA and the [F1local authority] in question, or

(b)failing agreement, determined in accordance with the regulations.

(4)The regulations may provide for the amounts payable—

(a)to reflect the whole or any part of the average costs incurred by [F2local authorities] in the provision of education (whether in England and Wales as a whole or in any particular area or areas), and

(b)to be based on figures for average costs determined by such body or bodies representing [F2local authorities], or on such other figures relating to costs so incurred, as the appropriate national authority thinks appropriate.

(5)Regulations made under this section by the Welsh Ministers may provide that, in cases specified in or determined in accordance with the regulations, the amounts payable are to be determined by the Welsh Ministers with the consent of the Secretary of State.

(6)In a case where the providing authority is a [F1local authority] in Wales, a dispute between the providing authority and the YPLA as to whether the providing authority is entitled to be paid an amount by the YPLA under the regulations is to be determined by the Welsh Ministers with the consent of the Secretary of State.

(7)In this section—

  • the appropriate national authority” means—

    (a)

    in relation to a case where the providing authority is a [F1local authority] in Wales, the Welsh Ministers;

    (b)

    in relation to any other case, the Secretary of State;

  • the YPLA” means the Young People's Learning Agency for England.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I134Sch. 6 para. 55 in force at 1.4.2010 for E. by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

I135Sch. 6 para. 55 in force at 1.4.2011 for W. by S.I. 2011/829, art. 2(e)

56In section 210(6A) (orders and regulations: provisions subject to annulment by National Assembly for Wales) after “section 32(9)” insert “ or section 208A ”.E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I136Sch. 6 para. 56 in force at 1.4.2010 for E. by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

I137Sch. 6 para. 56 in force at 1.4.2011 for W. by S.I. 2011/829, art. 2(e)

Education Act 2005 (c. 18)E+W

57In section 108 of the Education Act 2005 (supply of information: education maintenance allowances), in subsection (3)—E+W

(a)in paragraph (b) for “Learning and Skills Council for England” substitute “ Chief Executive of Skills Funding ”;

(b)after paragraph (b) insert—

(ba)the Young People's Learning Agency for England;;

(c)in paragraph (f) for the words from “the Secretary of State” to the end substitute “ a person within paragraphs (a) to (e) ”.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I138Sch. 6 para. 57 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

Education and Inspections Act 2006 (c. 40)E+W

58The Education and Inspections Act 2006 is amended as follows.E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I139Sch. 6 para. 58 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

59Section 75 (education and training to satisfy entitlements) ceases to have effect.E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I140Sch. 6 para. 59 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

Further Education and Training Act 2007 (c. 25)E+W

60The Further Education and Training Act 2007 is amended as follows.E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I141Sch. 6 para. 60 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

61Sections 11 to 13 (provision by Learning and Skills Council for England of services and assistance in respect of employment and training) cease to have effect.E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I142Sch. 6 para. 61 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

62Sections 14 to 16 (transfer of functions of Secretary of State in relation to further education corporations to the Learning and Skills Council for England) cease to have effect.E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I143Sch. 6 para. 62 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

Section 124

Schedule 7E+WLearning and Skills Council for England: transfer schemes

Staff transfer schemesE+W

1The Secretary of State may make a scheme (a “staff transfer scheme”) providing for the transfer of designated employees of the LSC—E+W

(a)to a permitted transferee, or

(b)so as to become employed in the civil service of the state.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I144Sch. 7 para. 1 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

2(1)This paragraph applies where a staff transfer scheme provides for the transfer of an employee of the LSC to a permitted transferee or so as to become employed in the civil service of the state.E+W

(2)The scheme must provide for the TUPE regulations to apply (to the extent that they would not otherwise apply) as if—

(a)any transfer of functions (however effected and described) from the LSC to a permitted transferee or the Crown were a transfer of an undertaking;

(b)the transfer of the undertaking took effect on a designated date;

(c)the transfer of the undertaking were a relevant transfer for the purposes of the regulations;

(d)the employee had for those purposes been assigned to an organised grouping of resources or employees that was subject to the relevant transfer.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I145Sch. 7 para. 2 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

3(1)This paragraph applies where a staff transfer scheme provides for a transfer of an employee of the LSC so as to become employed in the civil service of the state on terms which do not constitute a contract of employment.E+W

(2)The scheme must provide for the TUPE regulations to apply with the necessary modifications.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I146Sch. 7 para. 3 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

4A staff transfer scheme may provide for the transfer of an employee of the LSC to a permitted transferee or so as to become employed in the civil service of the state despite any provisions, of whatever nature, which would otherwise prevent the employee from being so transferred.E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I147Sch. 7 para. 4 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

Property transfer schemesE+W

5(1)The Secretary of State may make a scheme (a “property transfer scheme”) providing for the transfer from the LSC of designated property, rights or liabilities of the LSC to—E+W

(a)a permitted transferee,

(b)the Secretary of State, or

(c)the Chief Executive of Skills Funding.

(2)A property transfer scheme may—

(a)create rights, or impose liabilities, in relation to property or rights transferred by virtue of the scheme;

(b)provide for anything done by or in relation to the LSC in connection with any property, rights or liabilities transferred by the scheme to be treated as done, or to be continued, by or in relation to the person to whom the property, rights or liabilities in question are transferred;

(c)apportion property, rights and liabilities;

(d)make provision about the continuation of legal proceedings.

(3)The things that may be transferred by a property transfer scheme include—

(a)property, rights and liabilities that could not otherwise be transferred;

(b)property acquired, and rights and liabilities arising, after the making of the scheme.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I148Sch. 7 para. 5 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

ContinuityE+W

6A transfer by virtue of a staff transfer scheme or a property transfer scheme does not affect the validity of anything done by or in relation to the LSC before the transfer takes effect.E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I149Sch. 7 para. 6 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

Supplementary provision etc.E+W

7A staff transfer scheme or a property transfer scheme may include supplementary, incidental, transitional and consequential provision.E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I150Sch. 7 para. 7 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

InterpretationE+W

8In this Schedule—E+W

  • designated”, in relation to a staff transfer scheme or a property transfer scheme, means specified in, or determined in accordance with, the scheme;

  • the LSC” means the Learning and Skills Council for England;

  • permitted transferee” means—

    (a)

    a [F1local authority] in England;

    (b)

    the Young People's Learning Agency for England;

    (c)

    any other person specified in an order made by the Secretary of State;

  • the TUPE regulations” means the Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246).

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I151Sch. 7 para. 8 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

Section 125

Schedule 8E+WSixth form college sector

1The Further and Higher Education Act 1992 (c. 13) is amended as follows.E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I152Sch. 8 para. 1 in force at 12.1.2010 for specified purposes by S.I. 2009/3317, art. 2, Sch.

I153Sch. 8 para. 1 in force at 1.4.2010 in so far as not already in force by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

2In section 17(1) (meaning of “further education corporation”) after “by virtue of section” insert “ 33D or ”.E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I154Sch. 8 para. 2 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

3After section 33 insert—E+W

Sixth form college corporations: EnglandE+W

33AInitial designation of existing bodies corporate as sixth form college corporations

(1)The Secretary of State may by order designate a body corporate within subsection (2) as a sixth form college corporation, for the purpose of conducting an educational institution specified in the order.

(2)A body corporate is within this subsection if it is—

(a)a further education corporation established in respect of an institution in England, or

(b)a body corporate established by an order under section 143(4) of the Learning and Skills Act 2000 in respect of an institution in England.

(3)On the date specified in the order—

(a)a body corporate within subsection (2)(a) ceases to be a further education corporation and becomes a sixth form college corporation;

(b)a body corporate within subsection (2)(b) ceases to be subject to the order under section 143(4) of the Learning and Skills Act 2000 establishing it and becomes a sixth form college corporation;

(c)in the case of a body corporate within subsection (2)(b), a designation under section 28 which has effect in relation to the relevant sixth form college ceases to have effect.

(4)An order under subsection (1) may—

(a)make provision for the continuity of the body corporate, including provision for the continuation of the instrument and articles of government of the body and the relevant sixth form college;

(b)make provision as to the initial name of the corporation as a sixth form college corporation.

(5)The power conferred by subsection (1)—

(a)is exercisable only once;

(b)is not exercisable after the date specified in an order made by the Secretary of State.

33BSubsequent designation of existing bodies corporate as sixth form college corporations

(1)The Secretary of State may by order designate a body corporate within subsection (2) as a sixth form college corporation, for the purpose of conducting an educational institution specified in the order.

(2)A body corporate is within this subsection if it is—

(a)a further education corporation established in respect of an institution in England, or

(b)a body corporate established by an order under section 143(4) of the Learning and Skills Act 2000 in respect of an institution in England.

(3)An order under subsection (1) may be made only if—

(a)an application for the order has been made by the governing body of the institution mentioned in subsection (2)(a) or (b), and

(b)the institution is one within subsection (4).

(4)An institution is within this subsection if it appears to the Secretary of State that on the date on which the application is made at least 80% of its total enrolment number will be persons over compulsory school age but under 19.

(5)The total enrolment number of an institution is to be calculated in accordance with paragraph 1(2) of Schedule 3.

(6)On the date specified in the order—

(a)a body corporate within subsection (2)(a) ceases to be a further education corporation and becomes a sixth form college corporation;

(b)a body corporate within subsection (2)(b) ceases to be subject to the order under section 143(4) of the Learning and Skills Act 2000 establishing it and becomes a sixth form college corporation;

(c)in the case of a body corporate within subsection (2)(b), a designation under section 28 which has effect in relation to the relevant sixth form college ceases to have effect.

(7)An order under subsection (1) may—

(a)make provision for the continuity of the body corporate, including provision for the continuation of the instrument and articles of government of the body and the relevant sixth form college;

(b)make provision as to the initial name of the corporation as a sixth form college corporation.

(8)The power conferred by subsection (1) is exercisable only after the date specified in an order under section 33A(5)(b).

33CEstablishment of new bodies corporate as sixth form college corporations

(1)The Secretary of State may by order make provision for the establishment of a body corporate as a sixth form college corporation, for the purpose of establishing and conducting an educational institution specified in the order.

(2)An order under subsection (1) may be made only if—

(a)a proposal relating to the order has been made by the responsible [F1local authority] and it appears to the Secretary of State that the requirements in subsection (3) have been met in relation to the proposal, and

(b)it appears to the Secretary of State that the institution will when established be one within subsection (4).

(3)The requirements are that—

(a)the authority have published the proposal by the prescribed time and in the prescribed manner;

(b)the proposal as published contained prescribed information;

(c)the authority have considered any representations about the proposal made to them within the prescribed period.

(4)An institution is within this subsection if—

(a)the institution is in England, and

(b)on the date on which it is proposed to be established, at least 80% of its total enrolment number will be persons over compulsory school age but under 19.

(5)The total enrolment number of an institution is to be calculated in accordance with paragraph 1(2) of Schedule 3.

(6)An order under subsection (1)—

(a)must provide for the institution to be established and conducted by the body corporate as from the date specified in the order;

(b)may make provision as to the initial name of the corporation as a sixth form college corporation.

33DConversion of sixth form college corporations into further education corporations

(1)The Secretary of State may by order convert a sixth form college corporation into a further education corporation.

(2)An order under subsection (1) may be made only if—

(a)an application for the order has been made by the governing body of the relevant sixth form college, or

(b)the Secretary of State is satisfied that it is no longer appropriate for the body to be a sixth form college corporation.

(3)An application under subsection (2)(a) may not be made during the period of two years beginning with the date on which the body's designation or establishment as a sixth form college corporation takes effect.

(4)The Secretary of State must consult the governing body of the relevant sixth form college before making an order under subsection (1) in a case within subsection (2)(b).

(5)On the date specified in the order, the body ceases to be a sixth form college corporation and becomes a further education corporation.

(6)An order under subsection (1) may—

(a)make provision for the continuity of the body corporate, including provision for the continuation of the instrument and articles of government of the body and the relevant sixth form college;

(b)make provision as to the initial name of the corporation as a further education corporation.

33EPrincipal powers of a sixth form college corporation

(1)A sixth form college corporation may do any of the following—

(a)provide further and higher education,

(b)provide secondary education suitable to the requirements of persons who have attained the age of 14,

(c)provide education which is secondary education by virtue of section 2(2B) of the Education Act 1996,

(d)participate in the provision of secondary education at a school,

(e)supply goods or services in connection with their provision of education.

(2)The powers conferred by subsection (1) are referred to in section 33F as the corporation's principal powers.

(3)A sixth form college corporation may not provide education of a kind specified in subsection (1)(b), (c) or (d) unless they have consulted such [F2local authorities] as they consider appropriate.

(4)For the purposes of subsection (1), goods are supplied in connection with the provision of education by a sixth form college corporation if they result from—

(a)their provision of education or anything done by them under this Act for the purpose of or in connection with their provision of education,

(b)the use of their facilities or the expertise of persons employed by them in the fields in which they are so employed, or

(c)ideas of a person employed by them, or one of their students, arising out of their provision of education.

(5)For the purposes of subsection (1), services are supplied in connection with the provision of education by a sixth form college corporation if—

(a)they result from their provision of education or anything done by them under this Act for the purpose of or in connection with their provision of education,

(b)they are provided by making available their facilities or the expertise of persons employed by them in the fields in which they are so employed, or

(c)they result from ideas of a person employed by them, or of one of their students, arising out of their provision of education.

33FSupplementary powers of a sixth form college corporation

(1)A sixth form college corporation may do anything (including in particular the things referred to in subsections (2) to (6)) which appears to the corporation to be necessary or expedient for the purpose of or in connection with the exercise of any of their principal powers.

(2)A sixth form college corporation may conduct an educational establishment for the purpose of carrying on activities undertaken in the exercise of their powers to provide further or higher education.

(3)In particular, a sixth form college corporation may conduct the relevant sixth form college as from the date specified in the order designating or establishing the corporation as a sixth form college corporation.

(4)A sixth form college corporation may provide facilities of any description appearing to the corporation to be necessary or desirable for the purposes of or in connection with carrying on any activities undertaken in the exercise of their principal powers.

(5)The facilities include—

(a)boarding accommodation and recreational facilities for students and staff, and

(b)facilities to meet the needs of students with learning difficulties.

(6)A sixth form college corporation may—

(a)acquire and dispose of land and other property,

(b)enter into contracts, including in particular—

(i)contracts for the employment of teachers and other staff for the purposes of or in connection with carrying on any activities undertaken in the exercise of their principal powers, and

(ii)contracts with respect to the carrying on by the corporation of any such activities,

(c)form, participate in forming or invest in a company,

(d)form, participate in forming or otherwise become a member of a charitable incorporated organisation (within the meaning of section 69A of the Charities Act 1993),

(e)borrow such sums as the corporation think fit for the purposes of—

(i)carrying on any activities they have power to carry on, or

(ii)meeting any liability transferred to them under sections 23 to 27,

(f)in connection with their borrowing, grant any mortgage, charge or other security in respect of any land or other property of the corporation,

(g)invest any sums not immediately required for the purpose of carrying on any activities they have power to carry on,

(h)accept gifts of money, land or other property and apply it, or hold and administer it on trust for, any of those purposes,

(i)do anything incidental to the conduct of an educational institution providing further or higher education, including founding scholarships or exhibitions, making grants and giving prizes.

(7)The powers conferred by subsection (6) are subject to section 33G.

(8)For the purposes of this section a person has a learning difficulty if—

(a)the person has a significantly greater difficulty in learning than the majority of persons of the same age, or

(b)the person has a disability which either prevents or hinders the person from making use of facilities of a kind generally provided by institutions within the further education sector for persons of the same age.

(9)But a person is not to be taken to have a learning difficulty solely because the language (or form of language) in which the person is or will be taught is different from a language (or form of language) which has at any time been spoken in the person's home.

(10)A reference in this section or section 33G to investing in a company includes a reference to becoming a member of the company and to investing in it by the acquisition of any assets, securities or rights or otherwise.

(11)A sixth form college corporation may provide advice or assistance to any other person where it appears to the corporation to be appropriate for them to do so for the purpose of or in connection with the provision of education by the other person.

33GFurther provision about supplementary powers

(1)The power conferred by section 33F(6)(c) may not be exercised for the purpose of—

(a)conducting an educational institution, or

(b)investing in a company conducting an educational institution.

(2)The power conferred by section 33F(6)(d) may not be exercised for the purpose of—

(a)conducting an educational institution, or

(b)becoming a member of a charitable incorporated organisation conducting an educational institution.

(3)But a restriction on the exercise of a power imposed by subsection (1) or (2) does not apply to the extent that the responsible [F1local authority] consent to the exercise of the power in a way which does not comply with the restriction.

(4)Neither the power conferred by section 33F(6)(c) nor the power conferred by section 33F(6)(d) may be exercised for the purposes of the provision of education if the provision is secured (wholly or partly) by financial resources provided by a relevant funding body.

(5)But subsection (4) does not apply to the extent that the relevant funding body consents to the exercise of the power in question in a way which does not comply with the restriction in that subsection.

(6)The power conferred on a sixth form college corporation by section 33F(6)(e) to borrow money may not be exercised without the consent of the responsible [F1local authority].

(7)Consent under subsection (6) may be given for particular borrowing or for borrowing of a particular class.

(8)In this section “relevant funding body” means a [F1local authority], the YPLA or the Chief Executive of Skills Funding.

33HDuty in relation to promotion of well-being of local area

(1)In exercising their functions under sections 33E and 33F, a sixth form college corporation must have regard, amongst other things, to the objective of promoting the economic and social well-being of the local area.

(2)In subsection (1)—

(a)the local area”, in relation to a sixth form college corporation, means the locality of the relevant sixth form college, and

(b)a reference to the well-being of an area includes a reference to the well-being of people who live or work in that area.

33IConstitution of sixth form college corporation and conduct of sixth form college

(1)For every sixth form college corporation there is to be—

(a)an instrument providing for the constitution of the corporation (to be known as the instrument of government), and

(b)an instrument in accordance with which the corporation, and the relevant sixth form college, are to be conducted (to be known as articles of government).

(2)Instruments of government and articles of government—

(a)must comply with the requirements of Schedule 4, and

(b)may make any provision authorised to be made by that Schedule and such other provision as may be necessary or desirable.

(3)Subsection (2) is subject to section 33J.

(4)The validity of any proceedings of a sixth form college corporation, or of any committee of the corporation, is not affected by—

(a)a vacancy among the members, or

(b)a defect in the appointment or nomination of a member.

(5)Subsection (6) applies to a document purporting to be an instrument made or issued by or on behalf of a sixth form college corporation and to be—

(a)duly executed under the seal of the corporation, or

(b)signed or executed by a person authorised by the corporation to act in that behalf.

(6)The document is to be received in evidence and treated, without further proof, as being made or issued by or on behalf of the corporation unless the contrary is shown.

33JSpecial provision for certain institutions

(1)Despite anything in section 33I, the instrument of government of a sixth form college corporation to which this section applies must provide—

(a)for the governing body of the relevant sixth form college to include persons appointed for the purpose of securing so far as practicable that the established character of the sixth form college is preserved and developed and, in particular, that the sixth form college is conducted in accordance with any trust deed relating to it, and

(b)for the majority of members of the governing body of the relevant sixth form college to be such governors.

(2)This section applies to a sixth form college corporation in respect of which the relevant sixth form college is specified, or falls within a class specified, by the Secretary of State by order.

(3)The reference in subsection (1)(a) to the established character of a sixth form college is, in relation to a sixth form college established shortly before or at the same time as the designation or establishment of the sixth form college corporation in respect of which it is the relevant sixth form college, a reference to the character which the sixth form college is intended to have on its establishment.

33KInstrument and articles of new sixth form college corporations

(1)The first instrument of government and articles of government of a sixth form college corporation established under section 33C are to be made by the YPLA.

(2)Before making an instrument or articles for a sixth form college corporation under this section the YPLA must consult the corporation.

33LChanges to instruments and articles

(1)The YPLA may—

(a)if a sixth form college corporation submits a draft of an instrument of government to have effect in place of their existing instrument, by order make a new instrument of government in terms of the draft or in such terms as it thinks fit, and

(b)if a sixth form college corporation submits draft modifications of an instrument made under paragraph (a), by order modify the instrument in terms of the draft or in such terms as it thinks fit.

(2)The YPLA may not make a new instrument otherwise than in terms of the draft, or modify the instrument otherwise than in terms of the draft, unless it has consulted the corporation.

(3)The YPLA may by order modify, replace or revoke an instrument of government or articles of government of a sixth form college corporation.

(4)An order under subsection (3)—

(a)may relate to all sixth form college corporations, to a category of sixth form college corporations specified in the order or to a sixth form college corporation specified in the order, but

(b)may not be made unless the YPLA has consulted each sixth form college corporation to which the order relates.

(5)A sixth form college corporation may, with the consent of the YPLA—

(a)make new articles of government in place of their existing articles, or

(b)modify their existing articles.

(6)The YPLA may by a direction under this section require sixth form college corporations, a class of sixth form college corporations specified in the direction or any particular sixth form college corporation specified in the direction—

(a)to modify, replace or revoke their articles of government in any manner specified in the direction, or

(b)to secure that any rules or bye-laws made in pursuance of their articles of government are modified, replaced or revoked in any manner specified in the direction.

(7)Before giving a direction under this section the YPLA must consult the sixth form college corporation or (as the case may be) each sixth form college corporation to which the direction applies.

33MCharitable status of a sixth form college corporation

A sixth form college corporation is a charity within the meaning of the Charities Act 1993.

33NDissolution of sixth form college corporations

(1)Subject to the following provisions of this section, the Secretary of State may by order provide for—

(a)the dissolution of a sixth form college corporation, and

(b)the transfer to a person mentioned in subsection (4) or (6) of property, rights and liabilities of the corporation.

(2)An order under subsection (1) may be made only if a proposal relating to the order has been made by the responsible [F1local authority] and it appears to the Secretary of State that the requirements in subsection (3) have been met in relation to the proposal.

(3)The requirements are that—

(a)the authority have published the proposal by the prescribed time and in the prescribed manner;

(b)the proposal as published contained prescribed information;

(c)the authority have considered any representations about the proposal made to them within the prescribed period.

(4)Property, rights and liabilities may (subject to subsection (5)) be transferred to—

(a)a person appearing to the Secretary of State to be wholly or mainly engaged in the provision of educational facilities or services of any description, or

(b)a body corporate established for purposes which include the provision of such facilities or services.

(5)Property, rights and liabilities may be transferred to a person or body under subsection (4) only with the consent of the person or body.

(6)Property, rights and liabilities may be transferred to the responsible [F1local authority].

(7)Where the recipient of a transfer under an order under this section is not a charity established for charitable purposes which are exclusively educational purposes, any property transferred must be transferred on trust to be used for charitable purposes which are exclusively educational purposes.

(8)An order under this section may make provision about the transfer of staff (including provision applying section 26 with such modifications as the Secretary of State may consider necessary or desirable).

(9)Before making an order under this section in respect of a sixth form college corporation the Secretary of State must consult—

(a)the corporation, and

(b)the YPLA.

(10)In this section “charity” and “charitable purposes” have the same meanings as in the Charities Act 1993.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I155Sch. 8 para. 3 in force at 12.1.2010 for specified purposes by S.I. 2009/3317, art. 2, Sch.

I156Sch. 8 para. 3 in force at 1.4.2010 in so far as not already in force by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

4In section 34(1) (making additional property available for use) after “institution within the further education sector” insert “ other than a sixth form college ”.E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I157Sch. 8 para. 4 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

5In section 52A(1) (duty to safeguard pupils receiving secondary education) after “by virtue of section 18(1)(aa) or (ab) of this Act,” insert—E+W

(aa)by a sixth form college corporation by virtue of section 33E(1)(b) or (c) of this Act,.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I158Sch. 8 para. 5 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

6In section 56A(1) (intervention: England) after “institution in England within the further education sector” insert “ other than a sixth form college ”.E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I159Sch. 8 para. 6 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

7In section 56C(1) (directions as to exercise of section 56A powers) after “institution in England within the further education sector” insert “ other than a sixth form college ”.E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I160Sch. 8 para. 7 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

8After section 56D (inserted by Schedule 6) insert—E+W

56EIntervention by [F2local authorities]: sixth form colleges

(1)This section applies in relation to a sixth form college if the responsible [F1local authority] are satisfied as to one or more the matters listed in subsection (2) in relation to the sixth form college; and it is immaterial whether or not a complaint is made by any person.

(2)The matters are—

(a)that the sixth form college's affairs have been or are being mismanaged by its governing body;

(b)that the sixth form college's governing body have failed to discharge any duty imposed on them by or for the purposes of any Act;

(c)that the sixth form college's governing body have acted or are proposing to act unreasonably with respect to the exercise of any power conferred or the performance of any duty imposed by or under any Act;

(d)that the sixth form college is performing significantly less well than it might in all the circumstances reasonably be expected to perform, or is failing or likely to fail to give an accepted standard of education or training.

(3)If this section applies the authority may do one or more of the things listed in subsection (6).

(4)Before doing one or more of those things, the authority must give the Secretary of State and the YPLA a notice stating—

(a)the matter or matters listed in subsection (2) as to which the authority are satisfied;

(b)the reasons why the authority are so satisfied;

(c)the thing or things that the authority propose to do;

(d)the reasons why the authority propose to do that thing or those things.

(5)If the authority do one or more of those things, the authority must at the same time give the sixth form college's governing body a notice stating—

(a)the matter or matters listed in subsection (2) as to which the authority are satisfied;

(b)the reasons why the authority have decided to do that thing or those things.

(6)The authority may—

(a)remove all or any of the members of the sixth form college's governing body;

(b)appoint new members of that body if there are vacancies (however arising);

(c)give to that body such directions as the authority think expedient as to the exercise of the body's powers and performance of the body's duties.

(7)The directions that may be given to a governing body under this section include a direction requiring a governing body to make collaboration arrangements (within the meaning of section 166 of the Education and Inspections Act 2006) with such bodies and on such terms as may be specified in the direction.

(8)Directions may be given to a governing body under this section despite any enactment making the exercise of a power or performance of a duty contingent on the body's opinion.

(9)The authority may not direct a governing body under subsection (6)(c) to dismiss a member of staff.

(10)But subsection (9) does not prevent the authority, where the authority consider that it may be appropriate to dismiss a member of staff whom the governing body have power under the governing body's articles of government to dismiss, from giving the governing body such directions under this section as are necessary to secure that the procedures applicable to the consideration of the case for dismissal of that member of staff are given effect to in relation to that member of staff.

(11)A governing body must comply with any directions given to them under this section.

(12)An appointment of a member of a governing body under this section shall have effect as if made in accordance with the governing body's instrument of government and articles of government.

56FAppointment by [F2local authorities] of members of sixth form college governing body

(1)The responsible [F1local authority] for a sixth form college may appoint a person to be a member of the governing body of the sixth form college.

(2)But no more than two members of the governing body of a sixth form college may at any given time have been appointed under this section.

(3)Before exercising the power conferred by subsection (1) in relation to a governing body, the responsible [F1local authority] must consult the governing body.

(4)A member of the governing body of a sixth form college who was appointed before the relevant commencement date by the Learning and Skills Council for England under section 11 of the Learning and Skills Act 2000 is, on and after that date, to be treated for the purposes of subsection (2) of this section as appointed by the responsible [F1local authority] under this section.

(5)“The relevant commencement date” is the date on which section 123 of the Apprenticeships, Skills, Children and Learning Act 2009 comes into force.

56GIntervention policy: sixth form colleges

(1)The YPLA must—

(a)prepare a statement of the policy to be followed by [F2local authorities] with respect to the exercise of their powers under section 56E,

(b)keep the statement under review, and

(c)if it considers it appropriate in consequence of a review, prepare a revised statement.

(2)When preparing a statement or revised statement, the YPLA must—

(a)undertake such consultation as it thinks appropriate;

(b)consider any representations made to it about the policy to be set out in the statement.

(3)Guidance given to the YPLA under section 76 of the Apprenticeships, Skills, Children and Learning Act 2009 in connection with the performance of its functions under this section may, in particular, relate to the form and content of the policy to be set out in a statement or revised statement.

(4)The YPLA must send a copy of the statement or revised statement prepared by it to the Secretary of State.

(5)If the Secretary of State approves it the Secretary of State must lay a copy of it before each House of Parliament.

(6)The YPLA must publish—

(a)the statement of its policy approved by the Secretary of State;

(b)where the Secretary of State approves a revised statement of its policy, the revised statement.

(7)A [F1local authority] must have regard to the statement most recently published under subsection (6) in exercising, or deciding whether to exercise, any of their powers under section 56E in relation to a sixth form college.

56HIntervention by YPLA

(1)This section applies if—

(a)the YPLA proposes to secure the provision of education or training at a sixth form college in the exercise of the power conferred by section 66 of the Apprenticeships, Skills, Children and Learning Act 2009, and

(b)the YPLA is satisfied—

(i)as to one or more of the matters listed in section 56E(2) in relation to the sixth form college, and

(ii)that the circumstances are such that it would be appropriate for the responsible [F1local authority] to do one or more of the things listed in section 56E(6) in relation to the sixth form college.

(2)If this section applies the YPLA may do one or more of the things listed in subsection (5).

(3)Before doing one or more of those things, the YPLA must give the Secretary of State a notice stating—

(a)the matter or matters listed in section 56E(2) as to which the YPLA is satisfied;

(b)the reasons why the YPLA is so satisfied;

(c)the thing or things that the YPLA proposes to do;

(d)the reasons why the YPLA proposes to do that thing or those things.

(4)If the YPLA does one or more of those things, it must at the same time give the sixth form college's governing body a notice stating—

(a)the matter or matters listed in section 56E(2) as to which the YPLA is satisfied;

(b)the reasons why the YPLA has decided to do that thing or those things.

(5)The YPLA may—

(a)remove all or any of the members of the sixth form college's governing body;

(b)appoint new members of that body if there are vacancies (however arising);

(c)give to that body such directions as the YPLA thinks expedient as to the exercise of the body's powers and performance of the body's duties.

(6)The directions that may be given to a governing body under this section include a direction requiring a governing body to make collaboration arrangements (within the meaning of section 166 of the Education and Inspections Act 2006) with such bodies and on such terms as may be specified in the direction.

(7)Directions may be given to a governing body under this section despite any enactment making the exercise of a power or performance of a duty contingent on the body's opinion.

(8)The YPLA may not direct a governing body under subsection (5)(c) to dismiss a member of staff.

(9)But subsection (8) does not prevent the YPLA, where it considers that it may be appropriate to dismiss a member of staff whom the governing body have power to dismiss under their articles of government, from giving the governing body such directions under this section as are necessary to secure that the procedures applicable to the consideration of the case for dismissal of that member of staff are given effect to in relation to that member of staff.

(10)A governing body must comply with any directions given to them under this section.

(11)An appointment of a member of a governing body under this section shall have effect as if made in accordance with the governing body's instrument of government and articles of government.

56IAppointment by YPLA of members of sixth form college governing body

(1)The YPLA may appoint a person to be a member of the governing body of a sixth form college.

(2)But no more than two members of the governing body of a sixth form college may at any given time have been appointed under this section.

(3)Before exercising the power conferred by subsection (1) in relation to a governing body, the YPLA must consult the governing body.

(4)A member of the governing body of a sixth form college who was appointed before the relevant commencement date by the Learning and Skills Council for England under section 11 of the Learning and Skills Act 2000 is, on and after that date, to be treated for the purposes of subsection (2) of this section as appointed by the YPLA under this section.

(5)“The relevant commencement date” is the date on which section 123 of the Apprenticeships, Skills, Children and Learning Act 2009 comes into force.

56JNotification by Chief Executive of Skills Funding of possible grounds for intervention

(1)This section applies if the Chief Executive of Skills Funding is of the view that any of the matters listed in section 56E(2) applies in relation to a sixth form college.

(2)The Chief Executive must notify the responsible [F1local authority] and the YPLA of that view.

(3)The responsible [F1local authority] must have regard to the Chief Executive's view in deciding whether to exercise their powers under section 56E.

(4)The YPLA must have regard to the Chief Executive's view in deciding whether to exercise its powers under section 56H.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Commencement Information

I161Sch. 8 para. 8 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

9In section 88(1) (stamp duty) after “32,” insert “ 33N, ”.E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I162Sch. 8 para. 9 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

10In section 88A(1) (stamp duty land tax) after “32” insert “ , 33N ”.E+W

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I163Sch. 8 para. 10 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

11(1)Section 89 (orders, regulations and directions) is amended as follows.E+W

(2)In subsection (2)—

(a)after “30(2)(b),” insert “ 33A(5)(b), ”;

(b)after “those sections” insert “ or section 33L ”.

(3)In subsection (4) for “Secretary of State” substitute “ person or body making the order or regulations ”.

(4)For subsection (5) substitute—

(5)Section 570 of the Education Act 1996 (revocation and variation) applies to directions given by any person or body under this Act as it applies to directions given by the Secretary of State or a [F1local authority] under that Act.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Commencement Information

I164Sch. 8 para. 11 in force at 12.1.2010 for specified purposes by S.I. 2009/3317, art. 2, Sch.

I165Sch. 8 para. 11 in force at 1.4.2010 in so far as not already in force by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

12(1)Section 90(1) (interpretation) is amended as follows.E+W

(2)In paragraph (a) of the definition of “governing body” after “further education corporation” insert “ , a sixth form college corporation ”.

(3)At the end insert—

the relevant sixth form college”, in relation to a sixth form college corporation, means the educational institution specified in the order under this Act designating the corporation as a sixth form college corporation or establishing it as such,

“the responsible [F1local authority]”—

(a)in relation to a proposal relating to the establishment of a sixth form college corporation, means the [F1local authority] in whose area the relevant sixth form college, or its main site, is proposed to be situated;

(b)in relation to a sixth form college corporation, means the [F1local authority] in whose area the relevant sixth form college, or its main site, is situated;

(c)in relation to a sixth form college, means the [F1local authority] in whose area the sixth form college, or its main site, is situated,

sixth form college corporation” means a body corporate—

(a)designated as a sixth form college corporation under section 33A or 33B, or

(b)established under section 33C,

the YPLA” means the Young People's Learning Agency for England.

(4)After subsection (2) insert—

(2ZA)The Secretary of State may give guidance on which of a sixth form college's sites is to be taken to be its main site for the purposes of the definition of “the responsible [F1local authority]” in subsection (1).

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Commencement Information

I166Sch. 8 para. 12 in force at 12.1.2010 by S.I. 2009/3317, art. 2, Sch.

13(1)Section 91 (interpretation of Education Acts) is amended as follows.E+W

(2)In subsection (3) (institutions within the further education sector) after paragraph (b) insert and

(c)sixth form colleges,

(3)After subsection (3) insert—

(3A)References to sixth form colleges are to institutions conducted by sixth form college corporations.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I167Sch. 8 para. 13 in force at 12.1.2010 by S.I. 2009/3317, art. 2, Sch.

14In section 92 (index) at the appropriate places insert—E+W

relevant sixth form collegesection 90(1)”
“responsible [F1local authority]section 90(1)”
“sixth form collegesection 91(3A)”
“sixth form college corporationsection 90(1)”
“the YPLAsection 90(1)
Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Commencement Information

I168Sch. 8 para. 14 in force at 12.1.2010 by S.I. 2009/3317, art. 2, Sch.

15(1)Schedule 4 (instruments and articles of government for further education corporations) is amended as follows.E+W

(2)For paragraph 1 substitute—

1In this Schedule—

  • instrument” means an instrument of government or articles of government;

  • the institution” means—

    (a)

    in the case of a further education corporation, the institution which the corporation is established to conduct;

    (b)

    in the case of a sixth form college corporation, the relevant sixth form college.

(3)In paragraph 1A, after “appointment of members” insert “ of a further education corporation ”.

(4)After paragraph 1A insert—

1BProvision made by an instrument under this Schedule in relation to the appointment of members of a sixth form college corporation must take into account the members who may be appointed by—

(a)the responsible [F1local authority] under section 56F;

(b)the YPLA under section 56I.

(5)In paragraph 2(1) after “further education corporation” insert “ or sixth form college corporation ”.

(6)In the title, after “further education corporations” insert “ and sixth form college corporations ”.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Commencement Information

I169Sch. 8 para. 15 in force at 1.4.2010 by S.I. 2010/303, art. 3, Sch. 2 (with arts. 9-11)

Section 127

Schedule 9E+W+N.I.The Office of Qualifications and Examinations Regulation

StatusE+W+N.I.

1Ofqual is to perform its functions on behalf of the Crown.E+W+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I170Sch. 9 para. 1 in force at 1.4.2010 by S.I. 2010/1151, art. 2, Sch. 1

MembershipE+W+N.I.

2(1)Ofqual is to consist of—E+W+N.I.

(a)a member appointed by Her Majesty by Order in Council to chair Ofqual,

(b)between 7 and 12 members appointed by the Secretary of State (the “ordinary members”), and

(c)the chief executive of Ofqual.

(2)The person appointed by Her Majesty to chair Ofqual is to be known as the Chief Regulator of Qualifications and Examinations (“the Chief Regulator”).

(3)Ofqual may appoint one of the ordinary members as deputy to the Chief Regulator (“the deputy”).

(4)Before appointing a person as an ordinary member, the Secretary of State must consult the Chief Regulator or the deputy (subject to sub-paragraph (6)).

(5)The Secretary of State may consult the deputy instead of the Chief Regulator only if satisfied that—

(a)it is not practicable to consult the Chief Regulator, and

(b)it is necessary to make the appointment before it would be practicable to do so.

(6)The Secretary of State may appoint a person as an ordinary member without consulting either the Chief Regulator or the deputy if satisfied that—

(a)it is not practicable to consult either of those persons, and

(b)it is necessary to make the appointment before it would be practicable to do so.

(7)One of the ordinary members (“the Northern Ireland member”) must be a person appointed following consultation with the Department for Employment and Learning in Northern Ireland.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I171Sch. 9 para. 2 in force at 1.4.2010 by S.I. 2010/1151, art. 2, Sch. 1

The Chief RegulatorE+W+N.I.

3(1)The Chief Regulator holds and vacates office in accordance with the terms of the appointment.E+W+N.I.

(2)Those terms are to be determined by the Secretary of State, subject to the following provisions of this Schedule.

(3)The Chief Regulator must not be appointed for a term of more than 5 years.

(4)The Chief Regulator may resign from office at any time by giving written notice to the Secretary of State.

(5)Her Majesty may remove the Chief Regulator from office on either of the following grounds—

(a)inability or unfitness to carry out the duties of office;

(b)absence from Ofqual's meetings for a continuous period of more than 6 months without Ofqual's permission.

(6)The previous appointment of a person as Chief Regulator does not affect the person's eligibility for re-appointment.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I172Sch. 9 para. 3 in force at 1.4.2010 by S.I. 2010/1151, art. 2, Sch. 1

The deputy and other ordinary members: tenureE+W+N.I.

4(1)The deputy and other ordinary members hold and vacate office in accordance with the terms of their appointments, subject to the following provisions of this Schedule.E+W+N.I.

(2)An ordinary member must not be appointed for a term of more than 5 years.

(3)The deputy may resign from office at any time by giving written notice to Ofqual.

(4)The ordinary members may resign from office at any time by giving written notice to the Secretary of State

(5)Ofqual may remove the deputy from office if Ofqual thinks it appropriate to do so.

(6)The Secretary of State may remove an ordinary member from office on either of the following grounds—

(a)inability or unfitness to carry out the duties of office;

(b)absence from Ofqual's meetings for a continuous period of more than 6 months without Ofqual's permission.

(7)Before removing an ordinary member from office, the Secretary of State must consult the Chief Regulator or the deputy (subject to sub-paragraph (9)).

(8)The Secretary of State may consult the deputy instead of the Chief Regulator only if—

(a)the ordinary member to be removed from office is not the deputy, and

(b)the Secretary of State is satisfied that—

(i)it is not practicable to consult the Chief Regulator, and

(ii)it is necessary to remove the ordinary member from office before it would be practicable to do so.

(9)The Secretary of State may remove an ordinary member from office without consulting either the Chief Regulator or the deputy if satisfied that—

(a)if the ordinary member to be removed from office is the deputy, sub-paragraph (10) applies;

(b)in any other case, sub-paragraph (11) applies.

(10)This sub-paragraph applies if—

(a)it is not practicable to consult the Chief Regulator, and

(b)it is necessary to remove the ordinary member from office before it would be practicable to do so.

(11)This sub-paragraph applies if—

(a)it is not practicable to consult either the Chief Regulator or the deputy, and

(b)it is necessary to remove the ordinary member from office before it would be practicable to do so.

(12)The Secretary of State must consult the Department for Employment and Learning in Northern Ireland before removing the Northern Ireland member from office.

(13)The previous appointment of a person as the deputy or another ordinary member does not affect the person's eligibility for re-appointment.

(14)If the deputy ceases to be an ordinary member, the person also ceases to be the deputy.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I173Sch. 9 para. 4 in force at 1.4.2010 by S.I. 2010/1151, art. 2, Sch. 1

Remuneration etc. of Chief Regulator and ordinary membersE+W+N.I.

5(1)Ofqual must, if the Secretary of State requires it to do so, pay remuneration, allowances and expenses to the Chief Regulator and any of the ordinary members.E+W+N.I.

(2)Ofqual must, if the Secretary of State requires it to do so, pay, or make provision for the payment of, a pension, allowances or gratuities to or in respect of a current or former Chief Regulator or ordinary member.

(3)If a person ceases to be Chief Regulator or an ordinary member and the Secretary of State decides that the person should be compensated because of special circumstances, Ofqual must pay compensation to the person.

(4)The amount of a payment under this paragraph is to be determined by the Secretary of State.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I174Sch. 9 para. 5 in force at 1.4.2010 by S.I. 2010/1151, art. 2, Sch. 1

Chief executive and other staffE+W+N.I.

6(1)The first chief executive is to be appointed by the Secretary of State, on conditions of service determined by the Secretary of State.E+W+N.I.

(2)Later chief executives are to be appointed by Ofqual, on conditions of service determined by Ofqual.

(3)The appointment and conditions of service of a later chief executive are subject to the approval of the Secretary of State.

(4)Ofqual may appoint other members of staff.

(5)The following are to be determined by Ofqual with the approval of the Secretary of State—

(a)the number of other members of staff of Ofqual;

(b)their conditions of service.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I175Sch. 9 para. 6 in force at 1.4.2010 by S.I. 2010/1151, art. 2, Sch. 1

CommitteesE+W+N.I.

7(1)Ofqual may establish committees, and any committee established by Ofqual may establish sub-committees.E+W+N.I.

(2)Ofqual may—

(a)dissolve a sub-committee established under sub-paragraph (1), or

(b)alter the purposes for which such a sub-committee is established.

(3)In this Schedule a committee or sub-committee established under sub-paragraph (1) is referred to as an “Ofqual committee”.

(4)An Ofqual committee must include at least one member of Ofqual or Ofqual's staff.

(5)Ofqual may arrange for the payment of remuneration, allowances and expenses to any person who—

(a)is a member of an Ofqual committee, but

(b)is not a member of Ofqual or Ofqual's staff.

(6)Ofqual must at least once in any 5 year period review—

(a)the structure of Ofqual committees, and

(b)the scope of each Ofqual committee's activities.

(7)The first review under sub-paragraph (6) must be completed not later than the day which is the end of the period of 5 years beginning with the day on which section 127 comes into force.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I176Sch. 9 para. 7 in force at 1.4.2010 by S.I. 2010/1151, art. 2, Sch. 1

8(1)Ofqual and any other person may establish a committee jointly.E+W+N.I.

(2)In this Schedule a committee established under sub-paragraph (1) is referred to as a “joint committee”.

(3)A joint committee may establish sub-committees.

(4)In this Schedule a sub-committee established under sub-paragraph (3) is referred to as a “joint sub-committee”.

(5)A joint committee and a joint sub-committee must include at least one member of Ofqual or Ofqual's staff.

(6)Ofqual may arrange for the payment of remuneration, allowances and expenses to any person who—

(a)is a member of a joint committee or a joint sub-committee, but

(b)is not a member of Ofqual or Ofqual's staff.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I177Sch. 9 para. 8 in force at 1.4.2010 by S.I. 2010/1151, art. 2, Sch. 1

Procedure etc.E+W+N.I.

9(1)Ofqual may regulate—E+W+N.I.

(a)its own proceedings (including quorum), and

(b)the procedure (including quorum) of Ofqual committees.

(2)A joint committee may regulate—

(a)its own procedure (including quorum), and

(b)the procedure (including quorum) of any sub-committee established by it.

(3)The validity of proceedings of Ofqual, or of an Ofqual committee, a joint committee or joint sub-committee is not affected by—

(a)a vacancy;

(b)a defective appointment.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I178Sch. 9 para. 9 in force at 1.4.2010 by S.I. 2010/1151, art. 2, Sch. 1

DelegationE+W+N.I.

10(1)Ofqual may delegate any of its functions to—E+W+N.I.

(a)a member of Ofqual or Ofqual's staff;

(b)a committee established by Ofqual;

(c)a joint committee.

(2)A function is delegated under this paragraph to the extent and on the terms that Ofqual determines.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I179Sch. 9 para. 10 in force at 1.4.2010 by S.I. 2010/1151, art. 2, Sch. 1

11(1)A committee established by Ofqual or a joint committee may delegate any of its functions to a sub-committee established by it.E+W+N.I.

(2)A function is delegated under this paragraph to the extent and on the terms that the committee determines.

(3)The power of a committee established by Ofqual to delegate a function under this paragraph, and to determine the extent and terms of the delegation, are subject to Ofqual's powers to direct what a committee established by it may and may not do.

(4)The power of a joint committee to delegate a function under this paragraph, and to determine the extent and terms of the delegation, are subject to the power of Ofqual and any other person with whom Ofqual established the joint committee to direct (acting jointly) what the committee may and may not do.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I180Sch. 9 para. 11 in force at 1.4.2010 by S.I. 2010/1151, art. 2, Sch. 1

DocumentsE+W+N.I.

12The application of Ofqual's seal is authenticated by the signatures of—E+W+N.I.

(a)two members of Ofqual, or

(b)one member of Ofqual and another person who has been authorised (generally or specifically) for that purpose by Ofqual.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I181Sch. 9 para. 12 in force at 1.4.2010 by S.I. 2010/1151, art. 2, Sch. 1

13The Documentary Evidence Act 1868 (c. 37) has effect in relation to Ofqual as if—E+W+N.I.

(a)Ofqual were included in the first column of the Schedule to that Act,

(b)any member or other person authorised to act on Ofqual's behalf were mentioned in the second column of that Schedule, and

(c)the regulations referred to in that Act included any document issued by Ofqual or under its authority.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I182Sch. 9 para. 13 in force at 1.4.2010 by S.I. 2010/1151, art. 2, Sch. 1

Supplementary powersE+W+N.I.

14(1)Ofqual may do anything that it considers necessary or appropriate for the purposes of, or in connection with, its functions.E+W+N.I.

(2)The power in sub-paragraph (1) is subject to any restrictions imposed by or under any provision of any Act.

(3)Ofqual may not lend money.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I183Sch. 9 para. 14 in force at 1.4.2010 by S.I. 2010/1151, art. 2, Sch. 1

Section 173

Schedule 10E+W+N.I.QCA: transfer schemes

Staff transfer schemesE+W+N.I.

1(1)The Secretary of State may make a scheme (a “staff transfer scheme”) providing—E+W+N.I.

(a)for a designated employee of the QCDA to become a member of Ofqual's staff and, accordingly, to become employed in the civil service of the state;

(b)so far as may be consistent with employment in the civil service of the state, for the terms and conditions of the employee's employment to have effect as if they were the conditions of service as a member of Ofqual's staff;

(c)for the transfer to Ofqual of the rights, powers, duties and liabilities of the QCDA under or in connection with the employee's contract of employment;

(d)for anything done (or having effect as if done) before that transfer by or in relation to the QCDA in respect of such a contract or the employee to be treated as having been done by or in relation to Ofqual.

(2)A staff transfer scheme may provide for a period before a person became a member of Ofqual's staff to count as a period during which the person was a member of Ofqual's staff (and for the operation of the scheme not to be treated as having interrupted the continuity of that period).

(3)A staff transfer scheme may provide for an employee of the QCDA who would otherwise become a member of Ofqual's staff not to become such a member of staff if the employee gives notice objecting to the operation of the scheme in relation to the employee.

(4)A staff transfer scheme may provide for any person who would be treated (whether by an enactment or otherwise) as being dismissed by the operation of the scheme not to be so treated.

(5)A staff transfer scheme may provide for an employee of the QCDA to become a member of Ofqual's staff despite any provision, of whatever nature, which would otherwise prevent the person from being employed in the civil service of the state.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I184Sch. 10 para. 1 in force at 1.4.2010 by S.I. 2010/1151, art. 2, Sch. 1

Property transfer schemesE+W+N.I.

2(1)The Secretary of State may make a scheme (a “property transfer scheme”) providing for the transfer from the QCDA to Ofqual of designated property, rights or liabilities.E+W+N.I.

(2)A property transfer scheme may—

(a)create rights, or impose liabilities, in relation to property or rights transferred by virtue of the scheme;

(b)provide for anything done by or in relation to the QCDA in connection with any property, rights or liabilities transferred by the scheme to be treated as done, or to be continued, by or in relation to Ofqual;

(c)apportion property, rights and liabilities;

(d)make provision about the continuation of legal proceedings.

(3)The things that may be transferred by a property transfer scheme include—

(a)property, rights and liabilities that could not otherwise be transferred;

(b)property acquired, and rights and liabilities arising, after the making of the scheme.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I185Sch. 10 para. 2 in force at 1.4.2010 by S.I. 2010/1151, art. 2, Sch. 1

ContinuityE+W+N.I.

3A transfer by virtue of a staff transfer scheme or a property transfer scheme does not affect the validity of anything done by or in relation to the QCDA before the transfer takes effect.E+W+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I186Sch. 10 para. 3 in force at 1.4.2010 by S.I. 2010/1151, art. 2, Sch. 1

Supplementary provision etc.E+W+N.I.

4A staff transfer scheme or a property transfer scheme may include supplementary, incidental, transitional and consequential provision.E+W+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I187Sch. 10 para. 4 in force at 1.4.2010 by S.I. 2010/1151, art. 2, Sch. 1

InterpretationE+W+N.I.

5In this Schedule—E+W+N.I.

  • designated”, in relation to a staff transfer scheme or a property transfer scheme, means specified in, or determined in accordance with, the scheme;

  • the QCDA” means the Qualifications and Curriculum Authority, to be known instead as the Qualifications and Curriculum Development Agency by virtue of section 175.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I188Sch. 10 para. 5 in force at 1.4.2010 by S.I. 2010/1151, art. 2, Sch. 1

Section 175

Schedule 11E+WThe Qualifications and Curriculum Development Agency

StatusE+W

1(1)The QCDA is not to be regarded—E+W

(a)as a servant or agent of the Crown, or

(b)as enjoying any status, immunity or privilege of the Crown.

(2)The QCDA's property is not to be regarded—

(a)as property of the Crown, or

(b)as property held on behalf of the Crown.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I189Sch. 11 para. 1 in force at 1.4.2010 by S.I. 2010/1151, art. 2, Sch. 1

MembershipE+W

2(1)The QCDA is to consist of—E+W

(a)between 8 and 13 members appointed by the Secretary of State (the “ordinary members”), and

(b)the chief officer of the QCDA.

(2)The Secretary of State—

(a)must appoint one of the ordinary members to chair the QCDA (“the chair”), and

(b)may appoint another ordinary member as deputy to the chair (“the deputy”).

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I190Sch. 11 para. 2 in force at 1.4.2010 by S.I. 2010/1151, art. 2, Sch. 1

Chief officerE+W

3(1)The chief officer is to be appointed by the QCDA, on conditions of service determined by the QCDA.E+W

(2)The appointment and conditions of service of the chief officer are subject to the approval of the Secretary of State.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I191Sch. 11 para. 3 in force at 1.4.2010 by S.I. 2010/1151, art. 2, Sch. 1

Chair and chief officer: division of functionsE+W

4(1)The Secretary of State may confer additional functions in relation to the QCDA on the chair.E+W

(2)The functions for the time being conferred on the chief officer of the QCDA must not include any function for the time being conferred under sub-paragraph (1) on the chair.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I192Sch. 11 para. 4 in force at 1.4.2010 by S.I. 2010/1151, art. 2, Sch. 1

TenureE+W

5(1)The chair, the deputy and other ordinary members hold and vacate office in accordance with the terms of their appointments, subject to the following provisions of this Schedule.E+W

(2)An ordinary member must not be appointed for a term of more than 5 years.

(3)The chair, the deputy and other ordinary members may resign from office at any time by giving written notice to the Secretary of State.

(4)The Secretary of State may remove the deputy from office if the Secretary of State thinks it appropriate to do so.

(5)The Secretary of State may remove an ordinary member from office on either of the following grounds—

(a)inability or unfitness to carry out the duties of office;