(1) The Secretary of State may make a scheme providing for the transfer of any of his property, rights and liabilities to any of the listed persons.
(2) The Secretary of State may make a scheme providing for the transfer of any of the property, rights and liabilities of a listed person to any other listed person.
(3) The Secretary of State may make a scheme providing for the transfer to any listed person of any of the property, rights and liabilities of a person with whom the Secretary of State has made arrangements under section 2 of the Employment and Training Act 1973 (arrangements regarding employment).
(4) The listed persons are—
(a) the Learning and Skills Council for England;
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) A scheme under this section may include such supplementary, incidental, consequential or transitional provisions as the Secretary of State thinks are appropriate.
(6) A scheme under this section comes into force on the day it specifies for it to come into force.
(7) When a scheme under this section comes into force it has effect to transfer (in accordance with its provisions) the property, rights and liabilities to which it applies.
(8) If a scheme under subsection (1) includes provision for the transfer of liabilities, the day specified by the scheme for it to come into force must not fall after the end of the period of 3 years starting with the day appointed under section 154 for the commencement of section 89.
(9) The day specified by a scheme under subsection (2) or (3) for the scheme to come into force must not fall after the end of the period of 3 years starting with the day appointed under section 154 for the commencement of section 89.
(10) A scheme under subsection (3) is invalid unless it is made with the consent of the person from whom the transfer is to be made.
(1) A transfer effected by virtue of section 89 ... is not to give rise to liability to stamp duty.
(2) Stamp duty is not to be chargeable on a scheme made under section 92.
(1) For the purposes of stamp duty land tax, a land transaction effected by a scheme under section 92 or 93 is exempt from charge.
(2) Relief under this section must be claimed in a land transaction return or an amendment of such a return.
(3) In this section—
“land transaction” has the meaning given by section 43(1) of the Finance Act 2003;
“land transaction return” has the meaning given by section 76(1) of that Act.
(1) This section applies if rights and liabilities under a contract of employment are transferred by virtue of—
(a) section 89 ... or
(b) a scheme under section 92.
(2) Anything done by or in relation to the transferor in respect of the employee before the day on which the transfer takes effect is to be treated on and after that day as done by or in relation to the transferee.
(3) For the purposes of Part XI of the Employment Rights Act 1996 (redundancy payments etc) the employee is not to be regarded as having been dismissed by virtue of the transfer.
(4) For the purposes of that Act the employee’s period of employment with the transferor is to count as a period of employment with the transferee, and the change of employment is not to break the continuity of the period of employment.
(5) The preceding provisions do not prejudice any right of the employee to terminate the contract of employment if a substantial change is made to his detriment in his working conditions, but no such right arises by reason only of the change in employer effected by the transfer.
(6) For the purposes of this section—
(a) the transferor is the person from whom the rights and liabilities are transferred;
(b) the transferee is the person to whom the rights and liabilities are transferred.
(1) This section applies to a course of education or training—
(a) which is provided (or proposed to be provided) by or on behalf of a school or institution or employer,
(b) which leads to a relevant qualification, and
(c) which is provided (or proposed to be provided) for pupils who are of compulsory school age or for pupils who are above that age but have not attained the age of 19.
(2) Unless the relevant qualification is approved under section 98 ..., the course must not be—
(a) funded by an authorised body (as defined in section 100), or
(b) provided by or on behalf of a maintained school in England .
(3) In relation to a maintained school, the local authority and the governing body must carry out their functions with a view to securing that subsection (2)(b) is not contravened.
(4) The course mentioned in subsection (1) may be one of two or more components leading to the same qualification.
(5) In this section “a relevant qualification” means a qualification to which Part 7 of the Apprenticeships, Skills, Children and Learning Act 2009 applies.
(8) These are maintained schools—
(a) a community, foundation or voluntary school;
(b) a community or foundation special school.
(9) In this section and sections 100 to 101 “local authority” has the same meaning as “local authority in England” in the Education Act 1996 (see section 579(1) of that Act).
(1) This section has effect for the purposes of section 96 ....
(2) A qualification is approved at a given time if—
(a) it is then approved by the Secretary of State, or
(b) it is then approved by a body then designated by him for the purposes of this section.
(2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2B) A qualification may be approved only if—
(a) the conditions mentioned in subsection (2C) are satisfied in relation to the qualification, or
(b) the Office of Qualifications and Examinations Regulation is consulted before the approval is given.
(2C) The conditions are that—
(a) the qualification is a regulated qualification within the meaning of Part 7 of the Apprenticeships, Skills, Children and Learning Act 2009, and
(b) if the qualification is subject to the accreditation requirement (within the meaning of Chapter 2 of that Part), it is accredited under section 139 of that Act.
(3) Approval may be given generally or in relation to particular cases.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) The Secretary of State may at any time revoke—
(a) a designation;
(b) an approval given by him;
(c) an approval given by a designated body.
(6) A designated body may at any time revoke an approval given by it.
(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) For the purposes of section 96 ... these are authorised bodies—
(a) the Learning and Skills Council for England;
(b) a local authority ;
(c) a body specified by order by the Secretary of State for the purposes of this section.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) This section has effect for the purposes of section 96 ..., and it applies if the Secretary of State is satisfied that—
(a) a local authority or specified body has failed to comply with section 96(2)(a) or is proposing to do so, or
(b) a local authority or governing body has failed to comply with section 96(3) or is proposing to do so, ...
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) The Secretary of State may give such directions to the authority or body as he thinks fit.
(3) An authority or body must comply with any directions given to it under this section.
(4) A specified body is a body specified under section 100(1)(c).
(1) Subsection (2) applies if a provision contained in or made under an enactment requires an account to qualify under this section (or to qualify under it at a particular time).
(2) The provision is to be taken to require the account to satisfy conditions specified by the Secretary of State in regulations made under this section (or to satisfy them at the time concerned).
(3) These conditions may be included—
(a) conditions as to the description of individual who may hold an account;
(b) conditions as to the description of institution with which an account may be held;
(c) conditions requiring an account not to be a joint one, or not to be held on behalf of a person other than the holder, or not to be held with another account of a specified description, or not to be connected with another account;
(d) conditions requiring an account to be identified by a specified name.
(4) Conditions as to the description of institution with which an account may be held may themselves specify the description or may allow the Secretary of State to specify it in a way he thinks fit.
(5) The regulations may provide that a specification of a description of institution with which an account may be held may include a requirement for institutions to have the benefit of approvals which have been given by the Secretary of State and not withdrawn.
(6) The regulations may contain provision securing that an individual may not simultaneously hold more than one account which qualifies under this section.
(7) The power to make regulations under this section is to be exercised by the Scottish Ministers so far as those regulations are to have effect for the purposes of any provision of, or made under, an Act of the Scottish Parliament authorising grants to be paid to, or in respect of, individuals in connection with their education or training; and for this purpose references in this section to the Secretary of State are to be treated as references to the Scottish Ministers.
(8) For the purposes of this section an enactment includes an Act of the Scottish Parliament.
(1) Subsection (2) applies if a provision contained in or made under an enactment requires arrangements to qualify under this section (or to qualify under it at a particular time).
(2) The provision is to be taken to require the arrangements to satisfy conditions specified by the Secretary of State in regulations made under this section (or to satisfy them at the time concerned).
(3) These conditions may be included—
(a) conditions as to the description of individual who may enter into arrangements;
(b) conditions as to the description of body with which arrangements may be made;
(c) conditions as to the nature of the arrangements and the way they are to be made;
(d) conditions requiring the arrangements to be identified by a specified name.
(4) Conditions as to the description of body with which arrangements may be made may themselves specify the description or may allow the Secretary of State to specify it in a way he thinks fit.
(5) The regulations may provide that a specification of a description of body with which arrangements may be made may include a requirement for bodies to have the benefit of approvals which have been given by the Secretary of State and not withdrawn.
(6) The regulations may contain provision securing that an individual may not simultaneously—
(a) be a party to more than one set of arrangements which qualify under this section, or
(b) be a party to arrangements which qualify under this section and to arrangements falling within subsection (7).
(7) Arrangements fall within this subsection if they are—
(a) arrangements which qualify under such provision of the law of Scotland as in the opinion of the Secretary of State corresponds to this section, or
(b) arrangements which qualify under section 106.
(1) Subsection (2) applies if a provision contained in or made under an enactment requires arrangements to qualify under this section (or to qualify under it at a particular time).
(2) The provision is to be taken to require the arrangements to satisfy conditions specified by the Department for Employment and Learning in Northern Ireland in regulations made under this section (or to satisfy them at the time concerned).
(3) Subsections (3) to (7) of section 105 apply to regulations under this section as they apply to regulations under that section; and for this purpose—
(a) references in those subsections to the Secretary of State are to be treated as references to the Department;
(b) the reference in subsection (7)(b) to arrangements which qualify under this section is to be treated as a reference to arrangements which qualify under section 105.
(1) The Secretary of State (or a person designated by him) may make arrangements with a body in connection with the making by that body of arrangements which qualify under section 105.
(2) Arrangements under subsection (1) may include provision for the remuneration of a body and the payment of its expenses.
(3) Arrangements under subsection (1) may include provision for a person designated by the Secretary of State to carry out on his behalf such of his functions under the arrangements as he specifies.
(4) The Secretary of State may pay—
(a) to a person designated by him under subsection (1) to make arrangements with a body, or
(b) to a person designated by him under subsection (3) to carry out functions on his behalf,
remuneration or amounts to meet the person’s expenses.
(5) The Department forEmployment and Learning in Northern Ireland (or a person designated by it) may make arrangements with a body in connection with the making by that body of arrangements which qualify under section 106.
(6) Subsections (2) to (4) apply to arrangements under subsection (5) as they apply to arrangements under subsection (1); and for this purpose references in subsections (2) to (4) to the Secretary of State are to be treated as references to the Department.
(1) The Secretary of State may make regulations authorising grants to be paid to or in respect of individuals in connection with their education or training.
(2) The regulations must provide that grants may be paid only to or in respect of individuals—
(a) who hold accounts which qualify under section 104,
(b) who are parties to arrangements which qualify under section 105, or
(c) who hold such accounts and are parties to such arrangements.
(3) The regulations may provide that grants may not be paid unless other specified conditions are satisfied.
(4) These conditions may be included—
(a) conditions as to the way the accounts qualifying under section 104 are operated (including conditions requiring them to contain a specified balance);
(b) conditions as to the way the arrangements qualifying under section 105 are conducted;
(c) conditions as to the employment or self-employment of individuals;
(d) conditions requiring individuals not to be receiving or have received specified benefits;
(e) conditions as to the kinds of education or training which qualify.
(5) The regulations may provide—
(a) that the amounts of grants, and when and how they are paid, are to be decided by the Secretary of State;
(b) that grants may be paid on such terms as the Secretary of State decides and that the terms may include terms requiring repayment in specified circumstances;
(c) that if grants are payable under the regulations they may be paid to persons providing education or training;
(d) that if grants are payable under the regulations they may be paid by the Secretary of State or by other persons under arrangements made with him;
(e) that if such arrangements are made the Secretary of State may pay the persons concerned remuneration or amounts to meet their expenses.
(6) Conditions as to the kinds of education or training which qualify may include provision for the kinds to be specified—
(a) by the Secretary of State in a way he thinks fit, or
(b) if he so decides, by a person who (at the time of the specification) is designated by the Secretary of State and who specifies in a way the Secretary of State stipulates.
(7) The regulations may provide that a specification of the kinds of education or training which qualify may include a requirement for the education or training to be provided by persons for the time being approved—
(a) by the Secretary of State, or
(b) if he so decides, by a person who (at the time of the approval) is designated by the Secretary of State.
(1) The Department for Employment and Learning in Northern Ireland may make regulations authorising grants to be paid to or in respect of individuals in connection with their education or training.
(2) The regulations must provide that grants may be paid only to or in respect of individuals—
(a) who hold accounts which qualify under section 104,
(b) who are parties to arrangements which qualify under section 106, or
(c) who hold such accounts and are parties to such arrangements.
(3) Subsections (3) to (7) of section 108 apply to regulations under this section as they apply to regulations under that section; and for this purpose—
(a) references in those subsections to the Secretary of State are to be treated as references to the Department;
(b) the reference in subsection (4)(b) to arrangements which qualify under section 105 is to be treated as a reference to arrangements which qualify under section 106.
(1) After section 2(2) of the Education Act 1996 (definition of secondary education) there shall be inserted—
(2A) Education is also secondary education for the purposes of this Act (subject to subsection (5)) if it is provided by an institution which—
(a) is maintained by a local authority , and
(b) is principally concerned with the provision of full-time education suitable to the requirements of pupils who are over compulsory school age but under the age of 19.
(2B) Where—
(a) a person is in full-time education,
(b) he receives his education partly at a school and, by virtue of arrangements made by the school, partly at another institution, and
(c) the education which he receives at the school would be secondary education if it was full-time education at the school,
the person’s education, both at the school and at the other institution, is secondary education for the purposes of this Act (subject to subsection (5)).
(2) Subsections (3) to (5) apply to an institution which would become a school on the coming into force of subsection (1) (by virtue of section 4(1) of the Education Act 1996 (schools)).
(3) An institution to which this subsection applies shall not be treated as being a school by virtue of section 4(1) of that Act unless it has been established as a new school in accordance with section 28(1)(a) or (2)(a) or 31(1)(a) of the School Standards and Framework Act 1998 (community or foundation mainstream or special school).
(4) A local authority may not continue to maintain an institution to which this subsection applies in pursuance of section 15A of the Education Act 1996 (education for 16 to 18 year olds).
(5) Section 16A(2) of the Further and Higher Education Act 1992 (incorporation of further education institutions) shall not apply in relation to an institution to which this subsection applies.
(6) In this section “local authority” has the same meaning as in the Education Act 1996 (see section 579(1) of that Act).
(1) The following shall be substituted for section 16(2) and (3) of the Further and Higher Education Act 1992 (incorporation of further education institutions)—
(2) Subsection (1) above does not apply to an institution which is maintained by a local authority .
(3) The Secretary of State may by order make provision for the establishment of a body corporate for the purpose of conducting an institution which—
(a) is maintained by a local authority , and
(b) in his opinion, is principally concerned with the provision of full-time education suitable to the requirements of persons over compulsory school age who have not attained the age of nineteen years.
(2) Section 51 of that Act (publication of proposals) shall be amended as follows—
(a) for subsection (3)(b) substitute—
(b) an order under section 16(3) of this Act, other than an order made for the purpose of giving effect to a proposal by a council,
,
and
(b) after subsection (3) insert—
(3A) A draft proposal or order in respect of an institution which is maintained by a local authority shall not be published without the consent of the governing body and the local authority .
In section 28(3) of the Further and Higher Education Act 1992 (designation of institutions for funding) the following shall be inserted after subsection (3)—
(3A) The Secretary of State shall not make an order under this section in respect of a voluntary aided school without the consent of the governing body and the local authority .
The following shall be inserted after section 10A of the Employment and Training Act 1973 (careers services)—
Inspection.
10B (1) Her Majesty’s Chief Inspector of Schools in England—
(a) shall advise the Secretary of State on request about matters relating to services provided in England in pursuance of section 8 or 9,
(b) may give the Secretary of State other advice about those matters,
(c) shall, when requested to do so by the Secretary of State, inspect and report on the provision of those services by any person or institution, and
(d) may undertake such other inspections of the provision of those services by persons or institutions as he thinks fit.
(2) A request under subsection (1)(c)—
(a) may be general or in relation to specific matters,
(b) may relate to a specific person or institution providing services, or to a specific class of person or institution, and
(c) may relate to a specific area.
(3) An inspection under subsection (1)(c) or (d) may not relate to services provided for persons who have attained the age of 20.
(4) A reference in subsection (1) to the provision of services includes a reference to the management and use of resources in providing services.
(5) Subsections (6) to (8) apply to an inspection under subsection (1)(c) or (d) of services provided in pursuance of arrangements under section 10(1) of this Act.
(6) A person carrying out or participating in the inspection shall have the same powers as an Inspector of Schools under the following provisions of the School Inspections Act 1996—
(a) section 3(3)(a) and (b) (right of access), and
(b) section 42 (computer records).
(7) Section 42A of the 1996 Act (publication of reports) shall apply.
(8) A person who wilfully obstructs a person in carrying out or participating in the inspection—
(a) shall be guilty of an offence, and
(b) shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.
(1) The National Assembly for Wales may direct a local authority—
(a) to provide youth support services;
(b) to secure the provision of youth support services;
(c) to participate in the provision of youth support services.
(2) In this section “youth support services” means services which in the opinion of the National Assembly will encourage, enable or assist young persons (directly or indirectly)—
(a) to participate effectively in education or training,
(b) to take advantage of opportunities for employment, or
(c) to participate effectively and responsibly in the life of their communities.
(3) In this section “young persons” means persons who have attained the age of 11 but not the age of 26.
(4) A direction under subsection (1)—
(a) may include provision for grants, loans and other kinds of financial assistance to be provided by the National Assembly (whether or not on conditions),
(b) may require local authorities to have regard to guidance issued by the National Assembly, and
(c) may require local authorities when making arrangements with other persons to require those persons to have regard to guidance issued by the National Assembly.
(5) A direction under subsection (1)—
(a) may relate to a particular class of young person;
(b) may make different provision for different classes of young person;
(c) may be revoked or varied by a later direction.
(1) A local authority—
(a) shall comply with a direction given to it under section 123(1), and
(b) may provide, secure the provision of or participate in the provision of youth support services otherwise than in accordance with paragraph (a).
(2) Action which a local authority takes in pursuance of subsection (1)—
(a) may relate to a particular class of young persons;
(b) may relate to services for a person from another area.
(3) In complying with a direction under section 123(1) a local authority shall have regard to the expediency of co-operation with voluntary organisations.
(4) For the purpose of subsection (1) a local authority may—
(a) incur expenditure;
(b) employ officers;
(c) enter into agreements for the supply of goods or services;
(d) do anything else (other than forming companies) which they consider necessary or expedient.
(5) Nothing in or done under section 123 shall prejudice any power of a local authority to provide services or incur expenditure.
(1) Before complying with a direction under section 123(1) by providing, securing the provision of or participating in the provision of services for residents of a particular place or area, a local authority shall consult each of the following with responsibility for all or part of the area—
(a) a Local Health Board,
(b) a chief officer of police,
(c) a police and crime commissioner,
(d) a probation committee
(da) a provider of probation services, and
(e) a youth offending team.
(2) The local authority shall also—
(a) consult any voluntary body which provides services for young persons in the place or area concerned and which the local authority think it appropriate to consult,
(aa) consult the Commission for Tertiary Education and Research,
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) consult any authority or person with whom arrangements have been made for the place or area concerned under section 10(1) or (3)(a), (b) or (c) of the Employment and Training Act 1973 (careers services),
(d) consult any relevant organisation established for the purpose of enabling voluntary bodies to co-operate and co-ordinate their activities,
(e) consult such other persons as the local authority think appropriate, and
(f) provide such opportunities as the local authority think appropriate for young persons in the place or area concerned to express their views.
(3) Subsection (4) applies where a local authority—
(a) provide or propose to provide youth support services for the residents of a particular place or area, or
(b) secure or propose to secure the provision of youth support services for the residents of a particular place or area.
(4) Where this subsection applies, persons and bodies listed in subsection (1) with responsibility for all or part of that place or area shall—
(a) exercise their functions so as to support and assist the services provided, secured or proposed by the local authority, and
(b) coordinate the exercise of their functions, so far as seems reasonable, with persons providing those services.
(5) Subsection (4) shall not require persons or bodies to take action which would significantly interfere with the efficient or effective exercise of their functions.
126 Educational institutions: information and access.
(1) Where a person is involved in the provision of services in pursuance of section 123(1)(a) or (b) or section 40(1)(a) or (b) of the Learning and Skills (Wales) Measure 2009, an educational institution to which this section applies shall, for the purpose of the provision of those services—
(a) provide him on request with the name and address of a pupil or student;
(b) provide him on request with the name and address of a parent of a pupil or student;
(c) provide him on request with information in the institution’s possession about a pupil or student;
(d) permit him to have access to a pupil or student on the institution’s premises at reasonable times;
(e) make available to him, so far as is reasonably convenient, facilities on the institution’s premises for providing services to individual pupils or students or groups of pupils or students.
(2) Information shall not be provided under subsection (1)(c)—
(a) in the case of a pupil or student who has not attained the age of 16, if a parent of his has instructed the institution not to provide information of that kind under this section, or
(b) in the case of a pupil or student who has attained the age of 16, if he has instructed the institution not to provide information of that kind under this section.
(3) This section applies to the following institutions—
(a) community, foundation and voluntary schools,
(b) community ... special schools (other than those established in hospitals),
(c) city technology colleges and city colleges for the technology of the arts,
(d) pupil referral units,
(e) institutions within the further education sector, and
(f) institutions in receipt of funding from the Commission for Tertiary Education and Research under section 97 or 104 of the Tertiary Education and Research (Wales) Act 2022.
(1) Her Majesty’s Chief Inspector of Education and Training in Wales—
(a) shall advise the National Assembly for Wales on request about matters relating to services provided in pursuance of section 123(1) or section 40(1) of the Learning and Skills (Wales) Measure 2009,
(b) may give the National Assembly other advice about those matters,
(c) shall, when requested to do so by the National Assembly, inspect and report on the provision of those services, and
(d) may undertake such other inspections of the provision of those services as he thinks fit.
(2) The National Assembly shall consult the Chief Inspector before making a request under subsection (1)(a) or (c).
(3) A request under subsection (1)(c)—
(a) may be general or in relation to specific matters,
(b) may relate to a specific person or institution providing services, or to a specific class of person or institution, and
(c) may relate to a specific area.
(4) A reference in subsection (1) to the provision of services includes a reference to the management and use of resources in providing services.
(1) This section applies where a service is inspected pursuant to a request under section 127(1)(c) or in accordance with section 127(1)(d).
(2) A person carrying out or participating in the inspection shall have the same powers as an Inspector has under the following provisions of the Education Act 2005—
(a) section 24(3)(a) and (d) (right of access), and
(b) section 58 (computer records).
(3) Section 29 of that Act (publication of reports) shall apply.
(4) Where the Chief Inspector arranges for the publication of a report of an inspection, the person who provides the inspected service shall—
(a) prepare a written statement of the action which he proposes to take in the light of the report and the period within which he proposes to take it,
(b) publish the statement within such period, and in such manner, as may be prescribed by regulations made by the National Assembly for Wales, and
(c) send copies of the statement to such persons as may be prescribed by regulations made by the National Assembly.
(5) Where a local authority provides an inspected service, or secures or participates in the provision of an inspected service, the authority—
(a) shall ensure that the action specified in any statement prepared under subsection (4)(a) is sufficient to remedy any weakness mentioned in the report, and
(b) shall take all reasonable steps to ensure that the action specified in the statement is taken within the period specified.
(6) If the National Assembly consider that a local authority is failing to comply with its duties under subsection (5)—
(a) the National Assembly may give directions to the local authority about the performance of those duties, and
(b) the authority shall comply with the directions.
(1) In sections 123 to 128—
“local authority” means a county council or a county borough council,
“Local Health Board” has the meaning given by section 11 of the National Health Service (Wales) Act 2006,
...
“parent”, in relation to a child, means a person who has parental responsibility for him within the meaning of section 3 of the Children Act 1989,
“probation committee” means a committee established under section 3 of the Probation Service Act 1993,
...
“young person” has the meaning given by section 123(3),
“youth offending team” means a team established under section 39 of the Crime and Disorder Act 1998, and
“youth support services” has the meaning given by section 123(2).
(2) The power under section 123 shall not relate to services which are provided or to be provided outside Wales.