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The Further Education and Training Act 2007 (Commencement No. 1 and Transitional Provisions) Order 2007

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EXPLANATORY NOTE

(This note is not part of the Order)

This Order is the first Commencement Order made under the Further Education and Training Act 2007 (“the 2007 Act”) and brings into force certain provisions of the 2007 Act.

The provisions listed in article 2 come into force on 23rd December 2007.

Paragraphs (a) and (b) of article 2 list provisions in the 2007 Act which come into force in full. Those provisions relate to:

(a)the duties of the Learning and Skills Council for England (the “LSC”) in relation to diversity and choice in education and training;

(b)consultation by the LSC when exercising its functions;

(c)plans for academic years;

(d)the provision of services by the LSC; and

(e)the LSC taking part in arrangements made in Wales, Scotland and Northern Ireland for assisting persons to select, train for, obtain and retain employment.

Article 2(c) brings part of section 17 of the 2007 Act (the insertion of section 56B in the Further and Higher Education Act 1992) into force. Section 56B relates to the LSC’s statement of its policy on intervention in further education institutions.

Article 2(d) brings sections 22 and 23 of the 2007 Act into force in relation to England. Section 22 relates to consultation by the governing bodies of further education institutions when exercising their functions. Section 23 relates to regulations concerning the qualifications of principals of further education institutions.

Paragraphs (e) to (i) of article 2 commence provisions which amend the Further and Higher Education Act 1992 and which repeal section 15(2) of the Learning and Skills Act 2000.

The provisions listed in article 3 come into force on 31st January 2008. These include part of section 2 of the 2007 Act inserting sections 18A(2) to (4) in the Learning and Skills Act 2000, which relate to the Secretary of State’s power to make regulations about regional learning and skills councils.

The provisions listed in article 4 come into force on 2nd March 2008. Sections 24 and 25 of the 2007 Act make amendments to provisions of the Industrial Training Act 1982 relating to levies imposed for industrial training board expenses. The remaining provisions listed in article 4 make related amendments to the Industrial Training Act 1982.

Article 5 brings section 17 of the 2007 Act into force on 18th April 2008, to the extent that it is not already in force pursuant to article 2(c).

Article 6 relates to provisions which enable further education institutions to award foundation degrees and require the Secretary of State to report to Parliament on the effect of those provisions within four years of their commencement. Those provisions come into force on 1st May 2008.

Article 7 provides that, where proposals for industrial training board levy orders were submitted to the Secretary of State before the provisions set out in article 4 came into force, levy orders pursuant to those proposals can be made according to the legislation in force at the time the proposals were submitted.

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