PART V continued
(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),
(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 under the following provisions of the [1996 c. 57.] School Inspections Act 1996—
(a) section 6(3)(a) and (b) (right of access), and
(b) section 42 (computer records).
(3) Section 42A 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,
“Health Authority” has the meaning given by section 8 of the [1977 c. 49.] National Health Service Act 1977,
“parent”, in relation to a child, means a person who has parental responsibility for him within the meaning of section 3 of the [1989 c. 41.] Children Act 1989,
“probation committee” means a committee established under section 3 of the [1993 c. 47.] Probation Service Act 1993,
“police authority” has the meaning given by section 101 of the [1996 c. 16.] Police Act 1996,
“young person” has the meaning given by section 123(3),
“youth offending team” means a team established under section 39 of the [1998 c. 37.] 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.
(1) Section 482 of the [1996 c. 56.] Education Act 1996 (city technology colleges and city colleges for the technology of the arts) shall be amended as follows.
(2) In subsection (2)(c)—
(a) omit “either”, and
(b) after “arts” insert “or on a subject area mentioned in subsection (2A)”.
(3) After subsection (2) insert—
“(2A) The subject areas are—
(a) modern foreign languages;
(b) visual arts, performing arts or media arts (or any combination of them);
(c) sport;
(d) any subject specified by order by the Secretary of State.”
(4) In subsection (3) after paragraph (b) insert “; or
(c) as a city academy, if the emphasis of its curriculum is on a subject area mentioned in subsection (2A).”
(5) After subsection (3) insert—
“(3A) A school established on or after the relevant day and which would otherwise, by virtue of subsection (3), be known as a city technology college or a city college for the technology of the arts may instead, if the person carrying it on so chooses, be known as a city academy.
(3B) Before entering into an agreement under this section in relation to a school to be known as a city academy, the Secretary of State must consult the local education authorities referred to in subsection (3C) about the establishment of the school.
(3C) The authorities are—
(a) the local education authority in whose area the school is to be situated, and
(b) if the Secretary of State thinks a significant proportion of the pupils at the school is likely to be resident within the area of another local education authority, that authority.”
(6) After subsection (5) insert—
“(6) For the purposes of subsection (3A) the relevant day is the day on which section 130 of the Learning and Skills Act 2000 comes into force.”
(7) This section does not apply to schools in Wales.
(1) Schedule 8 contains provisions about land in relation to city academies.
(2) That Schedule does not apply to land in Wales.
In section 483 of the [1996 c. 56.] Education Act 1996 (city colleges: financial provisions) after subsection (3) there shall be inserted—
“(3A) If the school is a city academy, subsection (3) shall apply with such modifications (if any) as may be specified by the Secretary of State by order.”
After section 483 of the [1996 c. 56.] Education Act 1996 there shall be inserted—
(1) This section applies in relation to any child falling within subsection (2) if the condition in subsection (3) is satisfied.
(2) A child falls within this subsection if—
(a) he is a child for whom a statement is maintained under section 324, and
(b) he attends (or proposes to attend) a school which is a city technology college, a city college for the technology of the arts or a city academy.
(3) The condition in this subsection is satisfied if—
(a) the school is approved by the Secretary of State under section 347(1), or
(b) the Secretary of State consents to the child being educated at the school.
(4) The Secretary of State may by regulations make provision for securing that arrangements are made—
(a) for making the special educational provision specified in the statement;
(b) for making any non-educational provision specified in the statement.
(5) Regulations under subsection (4) may require or authorise a local education authority—
(a) to make payments to the school in respect of the child, or
(b) to provide any other assistance to the school in respect of the child.
(6) No condition or requirement imposed by virtue of section 482(4)(a) is to prevent a local education authority making payments or providing assistance by virtue of subsection (5).
(7) This section does not apply to schools in Wales.”
(1) Section 1 of the [1972 c. 11.] Superannuation Act 1972 (persons to or in respect of whom benefits may be provided by schemes under that section) shall apply to persons falling within subsection (2).
(2) This subsection applies to a person if—
(a) he has rights and obligations as a pensioner or deferred pensioner under a salary related occupational pension scheme, and
(b) the rights and obligations arose by virtue of his or another person’s employment with any of the employers specified in subsection (3).
(3) The employers are—
(a) a person with whom the Secretary of State or the National Assembly for Wales has made arrangements under section 2 of the [1973 c. 50.] Employment and Training Act 1973 and who is specified in an order made by the Secretary of State or is of a description so specified;
(b) a company which is a subsidiary of a person falling within paragraph (a) and which is specified in an order made by the Secretary of State or is of a description so specified.
(4) A scheme under section 1 of the [1972 c. 11.] Superannuation Act 1972 (a new scheme) may not be made in relation to the persons falling within subsection (2) unless—
(a) the trustees of the occupational scheme consent in writing to the new scheme being made,
(b) the rights of the persons under the new scheme are no less generous than their rights as they existed under the occupational scheme, and
(c) the obligations of the persons under the new scheme are no more onerous than their obligations as they existed under the occupational scheme.
(1) This section has effect for the purposes of section 134.
(2) Rights in relation to a person include—
(a) all forms of right to or eligibility for the present or future payment of a pension to or in respect of him;
(b) a right of allocation in respect of the present or future payment of a pension.
(3) A deferred pensioner is a person who has rights under the occupational scheme but is neither a pensioner under it nor a person to whom rights are accruing under it by virtue of his employment.
(4) “Salary related occupational pension scheme” has the meaning given by section 93(1A) of the [1993 c. 48.] Pension Schemes Act 1993.
(1) A function exercisable by virtue of section 1 of the [1972 c. 11.] Superannuation Act 1972 in consequence of section 134 or of paragraph 6(1) of Schedule 1 may be exercised by (or by employees of) such person as may be authorised in that behalf by the person whose function it is.
(2) An authorisation given by virtue of subsection (1) may authorise the exercise of a function—
(a) either wholly or to such extent as may be specified in the authorisation;
(b) either generally or in such cases as may be so specified;
(c) either unconditionally or subject to the fulfilment of such conditions as may be so specified.
(3) An authorisation given by virtue of subsection (1) is to be treated for all purposes as if it were given by virtue of an order under section 69 of the [1994 c. 40.] Deregulation and Contracting Out Act 1994 (contracting out of functions of Ministers and office-holders).
(4) An authorisation given by virtue of subsection (1) may be revoked at any time by the person who gave it.
(1) Section 508 of the [1996 c. 56.] Education Act 1996 (local education authorities: recreation and social and physical training) shall be amended as follows.
(2) In subsection (1) for “secondary and further education” substitute “and secondary education”.
(3) After subsection (1) insert—
“(1A) A local education authority may provide facilities for recreation and social and physical training as part of the facilities for further education provided (whether or not by them) for their area.”
(4) In subsection (2) for “For that purpose” substitute “For the purpose of subsection (1) or (1A)”.
(1) For the purpose of the provision in Wales of services mentioned in subsection (2), any of the persons or bodies mentioned in subsection (3) may supply information about a young person—
(a) to a local authority;
(b) to any other person or body involved in the provision of the services.
(2) The services are—
(a) services provided in pursuance of section 123 of this Act,
(b) services provided in pursuance of any of sections 2, 8, 9 and 10 of the [1973 c. 50.] Employment and Training Act 1973 (training and careers services), and
(c) services wholly or partly funded in pursuance of section 12 of the [1982 c. 52.] Industrial Development Act 1982 (careers in industry).
(3) The persons and bodies are—
(a) a local authority,
(b) a Health Authority,
(c) the National Council for Education and Training for Wales,
(d) a chief officer of police,
(e) a probation committee, and
(f) a youth offending team.
(1) Section 19 of the [1998 c. 30.] Teaching and Higher Education Act 1998 (requirement to serve induction period) shall be amended as follows.
(2) In subsection (1) after paragraph (b) insert— “or
(c) in such circumstances as may be prescribed, a further education institution (or a further education institution of a prescribed description).”
(3) In subsection (2)—
(a) in paragraph (f) omit “employed as a teacher at a school”, and
(b) in paragraph (k) after “schools” insert “or to further education institutions”.
(4) In subsection (6), for “subsection (2)” substitute “subsections (2) and (6A)”.
(5) After subsection (6) insert—
“(6A) Regulations under subsection (1)(c) may, in particular—
(a) provide that an induction period may not be begun without approval of the appropriate body for the serving of that induction period;
(b) provide for approval to be general or specific;
(c) make provision (including transitional provision) about the withdrawal of approval;
(d) impose conditions or limitations on the appropriate body’s power to give or withhold approval.”
(6) In subsection (10) after paragraph (c) insert—
“(d) “a further education institution” means an institution within the further education sector.”
(7) After subsection (10) insert—
“(11) In the application of this section to a further education institution—
(a) a reference to a school term shall be taken as a reference to a term of the institution;
(b) a reference to the head teacher of a school shall be taken as a reference to the principal of the institution.
(12) Sections 496 and 497 of the Education Act 1996 shall have effect as if—
(a) the duties and powers referred to in those sections included duties imposed and powers conferred by virtue of this section, and
(b) in relation to those duties and powers, the bodies to which those sections apply included the governing body of a relevant school, the governing body (within the meaning given by section 90(1) of the Further and Higher Education Act 1992) of a further education institution and an appropriate body for the purposes of subsection (2).”
(1) Subsection (2) applies if—
(a) a local education authority maintains a statement of special educational needs for a person under section 324 of the Education Act 1996, and
(b) the Secretary of State believes that the person will leave school at the end of his last year of compulsory schooling to receive post-16 education or training (within the meaning of Part I of this Act) or higher education (within the meaning of the [1988 c. 40.] Education Reform Act 1988).
(2) The Secretary of State must arrange for an assessment of the person to be conducted at some time during the person’s last year of compulsory schooling.
(3) The Secretary of State may at any time arrange for an assessment to be conducted of a person—
(a) who is in his last year of compulsory schooling or who is over compulsory school age but has not attained the age of 25,
(b) who appears to the Secretary of State to have a learning difficulty (within the meaning of section 13), and
(c) who is receiving, or in the Secretary of State’s opinion is likely to receive, post-16 education or training (within the meaning of Part I of this Act) or higher education (within the meaning of the [1988 c. 40.] Education Reform Act 1988).
(4) For the purposes of this section an assessment of a person is an assessment resulting in a written report of—
(a) his educational and training needs, and
(b) the provision required to meet them.
(5) A local education authority must send a copy of a statement maintained by it under section 324 of the [1996 c. 56.] Education Act 1996 to the Secretary of State on his request.
(6) In its application to Wales this section shall have effect with the following modifications (in addition to those specified in section 150)—
(a) the reference to Part I of this Act shall be construed as a reference to Part II, and
(b) the reference to section 13 shall be construed as a reference to section 41.
(1) This section applies to a company if—
(a) it has entered into an arrangement with the Secretary of State with a view to receiving payments under section 2(2)(d) of the [1973 c. 50.] Employment and Training Act 1973 (arrangements in respect of training) in connection with the provision of facilities,
(b) before the passing of this Act the company has received notice from the Secretary of State that he intends to terminate the arrangement mentioned in paragraph (a),
(c) the company’s memorandum and articles of association are in a form approved by the Secretary of State generally or specifically for purposes connected with arrangements of the kind described in paragraph (a), and
(d) the company’s memorandum of association requires all income and profits to be applied towards the promotion of the company’s objects and not to be distributed to members.
(2) Unless the Secretary of State consents in writing, a company to which this section applies may not after the passing of this Act—
(a) take action of a prescribed kind, or
(b) cause or permit a person to take action of a prescribed kind.
(3) In subsection (2) “prescribed” means prescribed by order of the Secretary of State; and the action which may be prescribed under that subsection includes, in particular—
(a) making a disposal or payment of a prescribed kind or in prescribed circumstances,
(b) incurring expenditure of a prescribed kind or in prescribed circumstances, and
(c) entering into a transaction of a prescribed kind or in prescribed circumstances.
(4) A company to which this section applies shall comply with a written direction from the Secretary of State given after the passing of this Act which requires it to transfer an asset to—
(a) a specified body, or
(b) the Secretary of State.
(5) Before giving a direction to a company under subsection (4) the Secretary of State shall consult the company.
(6) Where a company to which this section applies takes, causes or permits action in contravention of subsection (2) the High Court may on the application of the Secretary of State make any order which seems to it appropriate.
(7) An order under subsection (6) may, in particular—
(a) provide for a contract or other agreement to be of no effect;
(b) vary the terms of a contract or other agreement;
(c) require money to be paid to the Secretary of State by or on behalf of the company to which this section applies;
(d) require money to be paid to the Secretary of State by or on behalf of any other specified person;
(e) require the Secretary of State to pay to a specified person compensation of an amount specified in the order or determined in accordance with the order.
(8) Section 150 shall not apply to this section; but in the application of this section to a company which operates in Wales—
(a) a reference to the Secretary of State in subsection (1)(a) and (b) shall be construed as a reference to the Secretary of State or the National Assembly for Wales,
(b) the functions conferred or imposed on the Secretary of State by subsections (2) to (6) shall be exercisable by the National Assembly, and
(c) a reference in subsections (2) to (7) to the Secretary of State shall be taken as a reference to the National Assembly.
(1) Section 18 of the [1992 c. 13.] Further and Higher Education Act 1992 (further education corporation: principal powers) shall be amended as follows—
(a) for subsection (1)(aa) substitute—
“(aa) provide secondary education to persons who would, if they were pupils at a school, be in the fourth key stage,
(ab) provide education which is secondary education by virtue of section 2(2B) of the [1996 c. 56.] Education Act 1996 (definition of secondary education),
(ac) participate in the provision of secondary education at a school,”, and
(b) after subsection (1) insert—
“(1A) A further education corporation may not provide education of a kind specified in subsection (1)(aa), (ab) or (ac) above unless they have consulted such local education authorities as they consider appropriate.”
(2) Section 124 of the [1988 c. 40.] Education Reform Act 1988 (higher education corporation: powers) shall be amended as follows—
(a) after subsection (1)(b) insert—
“(ba) to provide secondary education to persons who would, if they were pupils at a school, be in the fourth key stage,
(bb) to provide education which is secondary education by virtue of section 2(2B) of the Education Act 1996 (definition of secondary education),
(bc) to participate in the provision of secondary education at a school,”, and
(b) after subsection (1) insert—
“(1A) A higher education corporation may not provide education of a kind specified in subsection (1)(ba) or (bb) above unless they have consulted such local education authorities as they consider appropriate.”
(1) Section 28 of the [1992 c. 13.] Further and Higher Education Act 1992 (designation for funding by Further Education Funding Councils) shall be amended as follows—
(a) in subsection (1) for “as eligible to receive support from funds administered by the councils” substitute “for the purposes of this section”,
(b) subsection (2)(b) shall cease to have effect, and
(c) after subsection (2)(c) add— “or
(d) an institution established for the purpose of being principally concerned with the provision of one or both of the kinds of education specified in subsection (1) above.”
(2) The following shall be substituted for section 30 of the [1992 c. 13.] Further and Higher Education Act 1992 (special provision for voluntary aided sixth form colleges)—
(1) Notwithstanding anything in section 29 of this Act, the instrument of government of a designated institution to which this section applies must provide—
(a) for the governing body of the institution to include persons appointed for the purpose of securing so far as practicable that the established character of the institution at the time of its designation is preserved and developed and, in particular, that the institution is conducted in accordance with any trust deed relating to it, and
(b) for the majority of members of the governing body to be such governors.
(2) This section applies to—
(a) an institution which, when designated, was a voluntary aided school, and
(b) an institution specified, or falling within a class specified, by the Secretary of State by order.
(3) The Secretary of State may specify an institution or a class of institutions only if the institution or each member of the class is principally concerned with the provision of the education specified in section 28(1)(a) above.
(4) The reference in subsection (1)(a) above to the established character of an institution is, in relation to an institution established shortly before or at the same time as being designated, a reference to the character which the institution is intended to have on its establishment.”
(3) Section 32(2A) of the [1992 c. 13.] Further and Higher Education Act 1992 (transfer of property on designation) shall cease to have effect.
(4) The Secretary of State may make an order providing for the constitution as a body corporate of the governing body of an institution in England which is designated under section 28 of the [1992 c. 13.] Further and Higher Education Act 1992.