Office of Public Sector Information
PART V continued
(5) The National Assembly for Wales may make an order providing for the constitution as a body corporate of the governing body of an institution in Wales which is designated under section 28 of the [1992 c. 13.] Further and Higher Education Act 1992.
(6) An order under subsection (4) or (5) may—
(a) make provision similar to any provision of section 18 or 19 of the [1992 c. 13.] Further and Higher Education Act 1992 (further education corporation: powers);
(b) make provision for the continuity of the body corporate, including provision for the continuation of anything done under section 29 of the [1992 c. 13.] Further and Higher Education Act 1992 (government and conduct of designated institutions);
(c) make provision expressed to have effect subject to the institution’s instrument or articles of government;
(d) make provision which confers exempt charitable status (for the purposes of the [1993 c. 10.] Charities Act 1993) and which relates to the governing body or to an institution administered by or established for the purposes of that body;
(e) make provision about the discontinuance of the institution;
(f) make provision about the dissolution of the body corporate (including provision about the treatment of property, rights and liabilities).
(7) Before making an order in relation to an institution under subsection (4) or (5) the Secretary of State or the National Assembly shall consult—
(a) the governing body of the institution, and
(b) the trustees of any trust relating to the institution.
(1) This section applies to land which after the coming into force of this section is transferred to trustees under section 32(3)(b) of the [1992 c. 13.] Further and Higher Education Act 1992 (transfer of property on designation of institution).
(2) This section also applies to land which—
(a) is held by trustees for the purposes of an institution which became a designated institution after the coming into force of this section, and
(b) was acquired or enhanced in value wholly or partly by means of money paid under section 65 of the [1996 c. 56.] Education Act 1996 (grants) or paragraph 5 of Schedule 3 to the [1998 c. 31.] School Standards and Framework Act 1998 (grants).
(3) If trustees dispose of land to which this section applies they shall notify the appropriate council.
(4) If trustees dispose of land to which this section applies they shall pay to the appropriate council so much of the proceeds of disposal as may be determined to be just—
(a) by agreement between the trustees and the council, or
(b) in default of agreement, by the Secretary of State.
(5) In making a determination under subsection (4) regard shall be had, in particular, to—
(a) the value of the land at the date of the determination, and
(b) any enhancement of the land’s value which is attributable to expenditure by the trustees or the governing body of the designated institution.
(6) More than one determination may be made under subsection (4) in relation to a particular disposal where it is just to do so, in particular where the disposal involves the creation of a lease.
(7) If trustees permit land to which this section applies to be used for purposes not connected with the designated institution—
(a) they shall be treated for the purposes of this section as having disposed of the land, and
(b) subsection (4) shall have effect as if the reference to the proceeds of disposal were a reference to the value of the land.
(8) Where a designated institution has ceased to exist—
(a) this section applies to land which satisfied subsection (1) or (2) immediately before the institution ceased to exist, and
(b) in subsection (7) the reference to purposes not connected with the designated institution shall be treated as a reference to purposes not connected with an institution within the further education sector (within the meaning given by section 91(3) of the [1992 c. 13.] Further and Higher Education Act 1992).
(9) In this section “the appropriate council” means—
(a) the Learning and Skills Council for England, in respect of land in England, and
(b) the National Council for Education and Training for Wales, in respect of land in Wales.
(1) Subsection (2) applies where a member of a body listed in subsection (3) is found liable in civil legal proceedings in respect of something which he did or omitted to do in the course of carrying out his duties as a member of the body.
(2) If—
(a) the member of the body applies to a court for an order under this subsection, and
(b) the court considers that the action or omission which gives rise to the member’s liability was honest and reasonable,
the court may make an order extinguishing, reducing or varying the liability.
(3) The bodies referred to in subsection (1) are—
(a) a further education corporation established by virtue of section 15, 16 or 47 of the [1992 c. 13.] Further and Higher Education Act 1992, and
(b) a body corporate established by virtue of section 143(4) or (5) of this Act.
(4) Where a member of a body listed in subsection (3) applies to a court for an order under this subsection, the court may make any order which—
(a) relates to liability in civil legal proceedings which may come to be incurred by the member in respect of a specified course of action, and
(b) is of a kind which the court could have made if the liability had already been incurred.
(5) In subsections (2)(a) and (4) “a court” means the High Court or a county court; but this subsection is subject to any order under section 1 of the [1990 c. 41.] Courts and Legal Services Act 1990 (allocation of business between High Court and county courts).
(1) The [1998 c. 30.] Teaching and Higher Education Act 1998 shall be amended as follows.
(2) In section 22 (new arrangements for giving financial support to students)—
(a) in subsection (1) for “attending” substitute “undertaking”, and
(b) in subsections (2)(h) and (7) omit “attendance on”.
(3) In section 23 (transfer or delegation of functions relating to student support) in subsection (1)(b)—
(a) for “at” substitute “with”, and
(b) for “attending” substitute “undertaking”.
(4) In section 26 (imposition of conditions as to fees at further or higher education institutions) in subsections (4), (5) and (10)(b) for “attending” (in each place) substitute “undertaking”.
(5) In section 28(1) (interpretation) in the definition of “fees” for “attendance on” (in each place) substitute “undertaking”.
(1) The [S.I. 1998/1759 (N.I. 13).] Education (Student Support) (Northern Ireland) Order 1998 shall be amended as follows.
(2) In Article 2(2) (interpretation) in the definition of “fees” for “attendance on” (in each place) substitute “undertaking”.
(3) In Article 3 (new arrangements for giving financial support to students)—
(a) in paragraph (1) for “attending” substitute “undertaking”;
(b) in paragraphs (2)(h) and (7) omit “attendance on”.
(4) In Article 4 (transfer or delegation of functions relating to student support) in paragraph (1)(b)—
(a) for “at” substitute “with”, and
(b) for “attending” substitute “undertaking”.
(5) In Article 7 (imposition of conditions as to fees at further or higher education institutions) in paragraphs (1), (2), (3) and (8)(b) for “attending” (in each place) substitute “undertaking”.
(1) The [1996 c. 56.] Education Act 1996 shall be amended as follows.
(2) In section 351 (general duties in respect of the curriculum) after subsection (5) insert—
“(6) In exercising any function which may affect the provision of sex education in maintained schools, every local education authority must have regard to the guidance issued by the Secretary of State under section 403(1A).
(7) Except to the extent provided in subsection (6), nothing in this section shall be taken to impose duties on a local education authority with regard to sex education.”
(3) In section 403 (sex education: manner of provision) in subsection (1) omit “local education authority,”.
(4) After subsection (1) of that section insert—
“(1A) The Secretary of State must issue guidance designed to secure that when sex education is given to registered pupils at maintained schools—
(a) they learn the nature of marriage and its importance for family life and the bringing up of children, and
(b) they are protected from teaching and materials which are inappropriate having regard to the age and the religious and cultural background of the pupils concerned.
(1B) In discharging their functions under subsection (1) governing bodies and head teachers must have regard to the Secretary of State’s guidance.
(1C) Guidance under subsection (1A) must include guidance about any material which may be produced by NHS bodies for use for the purposes of sex education in schools.
(1D) The Secretary of State may at any time revise his guidance under subsection (1A).”
(5) In subsection (2) of that section—
(a) for “subsection (1)” substitute “this section”, and
(b) at the end insert “and “NHS body” has the same meaning as in section 22 of the National Health Service Act 1977.”
(6) In section 404 (sex education: statements of policy) after subsection (1) insert—
“(1A) A statement under subsection (1) must include a statement of the effect of section 405.”
Schedule 9 contains miscellaneous and consequential amendments.
(1) Where this Part of this Act confers a function on the Secretary of State (whether by amendment of another Act or otherwise)—
(a) the function shall be exercisable in relation to Wales by the National Assembly for Wales, and
(b) for that purpose any reference to the Secretary of State shall be taken as a reference to the National Assembly.
(2) Where—
(a) this Part confers a function on the Secretary of State by amendment of an Act, and
(b) any functions of that Act have before the passing of this Act been transferred to the National Assembly by Order in Council under section 22 of the [1998 c. 38.] Government of Wales Act 1998 (transfer of functions),
the Order shall be treated for the purposes of any varying or revoking Order as having transferred to the National Assembly the function mentioned in paragraph (a).
(3) Subsection (1)(a) has effect subject to any Order in Council made by virtue of subsection (2).
(4) This section shall not apply in relation to—
(a) section 90, 92, 104, 134 or 154 of this Act,
(b) the amendment of section 1(3) of the [1983 c. 40.] Education (Fees and Awards) Act 1983 (fees at institutions) made by Schedule 9 to this Act,
(c) the amendment of section 26 of the [1988 c. 19.] Employment Act 1988 (status of trainees etc) made by Schedule 9 to this Act, or
(d) the amendment of section 19 of the [1995 c. 50.] Disability Discrimination Act 1995 (discrimination in relation to goods, facilities and services) made by Schedule 9 to this Act.
(1) Parts I and II of Schedule 10 contain transitional provisions relating to—
(a) the dissolution of the Further Education Funding Councils, and
(b) the establishment of the Learning and Skills Council for England and the National Council for Education and Training for Wales.
(2) Part III of Schedule 10 contains transitional provision relating to the establishment of the Adult Learning Inspectorate.
(3) Part IV of Schedule 10 contains transitional provision relating to the [1990 c. 6.] Education (Student Loans) Act 1990.
(4) Nothing in that Schedule prejudices the generality of section 152(6).
(1) Any power to make an order or regulations under this Act shall be exercised by statutory instrument.
(2) A statutory instrument is subject to annulment in pursuance of a resolution of either House of Parliament if the instrument contains—
(a) an order made by the Secretary of State under any provision of this Act other than section 143(4) or 154(1) or (3), or
(b) regulations made by the Secretary of State under any provision of this Act.
(3) A statutory instrument is subject to annulment in pursuance of a resolution of the Scottish Parliament if the instrument contains regulations made by the Scottish Ministers under section 104.
(4) The power of the Department of Higher and Further Education, Training and Employment in Northern Ireland to make regulations under section 106 or 109 shall be exercisable by statutory rule for the purposes of the [S.I. 1979/1573 (N.I. 12).] Statutory Rules (Northern Ireland) Order 1979; and any such regulations shall be subject to negative resolution within the meaning of section 41(6) of the [1954 c. 33 (N.I).] Interpretation Act (Northern Ireland) 1954 as if they were statutory instruments within the meaning of that Act.
(5) An order or regulations under this Act may make different provision for different purposes.
(6) An order or regulations under this Act may contain such incidental, supplementary, saving or transitional provisions as the person making the order or regulations thinks fit.
Schedule 11 contains repeals.
(1) The following provisions of this Act shall come into force in accordance with provision made by the Secretary of State by order—
(a) Parts I and III,
(b) sections 89, 90, 92, 94, 98, 100(1), 101, 104 to 109, 114 to 122, 132 to 136, 146 and 147,
(c) in Schedule 9, paragraphs 11, 14, 35, 37 to 39, 41 to 43, 47 to 50, 52(3), 83, 87 and 88,
(d) Part IV of Schedule 10, and
(e) in Schedule 11, the repeals in section 91 of the [1992 c. 13.] Further and Higher Education Act 1992 and section 142 of the [1998 c. 31.] School Standards and Framework Act 1998 and the repeals consequential upon any provision mentioned in paragraph (c).
(2) The following provisions of this Act shall come into force in accordance with provision made by the National Assembly for Wales by order—
(a) Parts II and IV, and
(b) sections 91, 93, 99, 100(2), 102, 123 to 129 and 138.
(3) If and in so far as a provision of this Part relates to England, the Secretary of State may (subject to subsection (5)) make provision by order about its commencement.
(4) If and in so far as a provision of this Part relates to Wales, the National Assembly for Wales may (subject to subsection (5)) make provision by order about its commencement.
(5) Subsections (3) and (4) do not apply to—
(a) a provision mentioned in subsection (1) or (2),
(b) any of sections 130, 131, 150, 151, 152, 155 and 156,
(c) Schedule 8,
(d) any provision of Schedule 9 or 11 which is consequential upon section 130 or 131 or Schedule 8,
(e) Parts I to III of Schedule 10, or
(f) this section.
(6) The Secretary of State may by order make provision—
(a) in consequence of a provision of this Act being brought into force at different times in relation to England and in relation to Wales, or
(b) in consequence of one provision of this Act being brought into force before another.
(7) The National Assembly for Wales may by order make provision in relation to Wales in consequence of either of the matters mentioned in subsection (6)(a) and (b).
(8) An order under subsection (6) or (7) may, in particular, disapply or modify the application of provision made by or under this or any other Act.
(1) Sections 104, 152, 154, 156 and this section extend to England and Wales, Scotland and Northern Ireland.
(2) Section 107 extends to England and Wales and Northern Ireland.
(3) Sections 106, 109 and 147 extend to Northern Ireland only.
(4) Any amendment or repeal in this Act has the same extent as the provision amended or repealed.
(5) Subject to the above, this Act extends to England and Wales only.
This Act may be cited as the Learning and Skills Act 2000.
Learning and Skills Act 2000