The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010

• Citation: S.I. 2010/1080
• Sections: 112

Section 1 Citation and commencement

(1) This Order may be cited as the Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010.

(2) The following provisions come into force on 1st April 2010—

(a) Parts 1 and 2 of Schedule 1;

(b) Parts 1 and 2 of Schedule 2;

(c) article 2(1) and (2), so far as relating to the provisions mentioned in paragraphs (a) and (b).

(3) The following provisions come into force on the day after the day on which this Order is made —

(a) this article;

(b) Part 3 of Schedule 1;

(c) Part 3 of Schedule 2;

(d) article 2(1) and (2), so far as relating to the provisions mentioned in paragraphs (b) and (c);

(e) article 2(3).

Section 2 Consequential amendments, repeals and transitional provision

(1) The consequential amendments made by Schedule 1 have effect.

(2) The repeals listed in Schedule 2 have effect.

(3) If on 1st April 2010 an Order under section 162 of the Education and Inspections Act 2006 has been made but is not in force, this Order has effect, until that Order comes into force, as if references to a local authority were references to a local education authority.

Section 1 Public Records Act 1958 (c. 51)

In paragraph 3 of Schedule 1 to the Public Records Act 1958, in Part 2 of the Table (definition of public records: other establishments and organisations)—

(a) omit the entry for the Learning and Skills Council for England;

(b) at the appropriate place insert—

Young People’s Learning Agency for England.

Section 2 Parliamentary Commissioner Act 1967 (c. 13)

In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc subject to investigation)—

(a) omit the entry for the Learning and Skills Council for England;

(b) at the appropriate place insert—

The Chief Executive of Skills Funding.

Section 3 Superannuation Act 1972 (c. 11)

In Schedule 1 to the Superannuation Act 1972 (kinds of employment, etc, referred to in section 1 of that Act) under the heading “Other Bodies” omit the entry for the Learning and Skills Council for England.

Section 4 House of Commons Disqualification Act 1975 (c. 24)

In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 (other offices disqualifying for membership) omit “Any member of the Learning and Skills Council for England in receipt of remuneration.”

Section 5 Sex Discrimination Act 1975 (c. 65)

The Sex Discrimination Act 1975 is amended as follows.

Section 6 Sex Discrimination Act 1975 (c. 65)

In section 23A (discrimination by Further and Higher Education Funding Councils)—

(a) for “Learning and Skills Council for England” substitute “Young People’s Learning Agency for England, the Chief Executive of Skills Funding”;

(b) omit “and the Learning and Skills Act 2000”;

(c) for the title substitute “Discrimination by further and higher education funding bodies”.

Section 7 Sex Discrimination Act 1975 (c. 65)

(1) Section 25A (general duty: post-16 education and training etc) is amended as follows.

(2) In subsection (1) omit “Learning and Skills Council for England and the”.

(3) In subsection (2) omit “the Learning and Skills Council for England or”.

(4) Omit subsection (3).

(5) In subsection (5) for “Subsections (3) and (4) are” substitute “Subsection (4) is”.

Section 8 Sex Discrimination Act 1975 (c. 65)

In Schedule 2 (transitional exemption orders for educational admissions) omit paragraph 4A.

Section 9 Race Relations Act 1976 (c. 74)

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Section 10 Race Relations Act 1976 (c. 74)

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Section 11 Race Relations Act 1976 (c. 74)

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Section 12 Education (Fees and Awards) Act 1983 (c. 40)

In section 1 of the Education (Fees and Awards) Act 1983 (fees at universities and further education establishments) in subsection (3)(f) for “Learning and Skills Council for England” substitute “Young People’s Learning Agency for England or the Chief Executive of Skills Funding”.

Section 13 Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33)

In section 5(9) of the Disabled Persons (Services, Consultation and Representation) Act 1986 (disabled persons leaving special education: defined terms) in paragraph (c) of the definition of “the responsible authority”—

(a) for “the Learning and Skills Council for England” substitute “a local authority, the Young People’s Learning Agency for England”;

(b) for “council” substitute “local authority, Young People’s Learning Agency for England”.

Section 14 Employment Act 1988 (c. 19)

In section 26(1A) of the Employment Act 1988 (status of trainees etc)—

(a) for “5(1)(c) or” substitute “61(4)(a) or 100(1)(c) or (d) of the Apprenticeships, Skills, Children and Learning Act 2009 or section”;

(b) for “Learning and Skills Council for England” substitute “Young People’s Learning Agency for England, the Chief Executive of Skills Funding”.

Section 15 Education Reform Act 1988 (c. 40)

The Education Reform Act 1988 is amended as follows.

Section 16 Education Reform Act 1988 (c. 40)

In section 128 (dissolution of higher education corporations), in subsection (1)(b)—

(a) after sub-paragraph (ii) insert—

(iia) the Chief Executive of Skills Funding;

(iib) the Young People’s Learning Agency for England;

(b) in sub-paragraph (v) omit “the Learning and Skills Council for England or”.

Section 17 Education Reform Act 1988 (c. 40)

In section 161(1)(b) (interpretation of references to local authority’s further or higher education functions) before “15A” insert “15ZA,”.

Section 18 Further and Higher Education Act 1992 (c. 13)

The Further and Higher Education Act 1992 is amended as follows.

Section 19 Further and Higher Education Act 1992 (c. 13)

In section 27 (dissolution of further education corporations)—

(a) in subsection (3)(a) for “Learning and Skills Council for England” substitute “Chief Executive of Skills Funding”;

(b) after subsection (7) insert—

(7A) Before making an order under this section in respect of a further education corporation in England, the Secretary of State must also consult the YPLA .

Section 20 Further and Higher Education Act 1992 (c. 13)

In section 38 (payments in respect of loan liabilities)—

(a) in subsection (2)—

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

(ii) for “council” substitute “YPLA or the Chief Executive”;

(b) in the title omit “by council”.

Section 21 Further and Higher Education Act 1992 (c. 13)

In section 51 (publication of proposals)—

(a) in subsection (1) for “Learning and Skills Council for England” substitute “Chief Executive of Skills Funding”;

(b) in subsection (2)(b) for “Learning and Skills Council for England have” substitute “Chief Executive of Skills Funding has” and for “them” substitute “the Chief Executive”;

(c) in subsection (3)(a) for “Learning and Skills Council for England” substitute “Chief Executive of Skills Funding”;

(d) in subsection (3)(b) for “council” substitute “Chief Executive”.

Section 22 Further and Higher Education Act 1992 (c. 13)

In section 52 (duty to provide for named individuals: Wales)—

(a) in subsection (2) omit “Learning and Skills Council for England or the”;

(b) in subsection (3)—

(i) omit “Learning and Skills Council for England or the”;

(ii) omit “council or (as the case may be) the”.

Section 23 Further and Higher Education Act 1992 (c. 13)

In section 61A (references to appropriate bodies) in subsection (2)(a) for “Learning and Skills Council for England” substitute “Chief Executive of Skills Funding”.

Section 24 Further and Higher Education Act 1992 (c. 13)

In section 82 (joint exercise of functions) in subsection (3)(a) for “Learning and Skills Council for England” substitute “YPLA, the Chief Executive of Skills Funding”.

Section 25 Further and Higher Education Act 1992 (c. 13)

(1) Section 83 (efficiency studies) is amended as follows.

(2) For subsection (1) substitute—

(1) A person listed in an entry in column 1 of the table in subsection (1B) may arrange for efficiency studies to be promoted or carried out by any person in respect of an institution listed in the corresponding entry in column 2 of that table.

(1A) “Efficiency studies” are studies designed to improve economy, efficiency and effectiveness in the management or operations of an institution.

(1B) The table referred to in subsection (1) is—

(3) In subsection (2)—

(a) for “such studies” substitute “efficiency studies”;

(b) for the words from “request” to “funding council” substitute “request of a person listed in an entry in column 1 of the table in subsection (1B)”.

Section 26 Value Added Tax Act 1994 (c. 23)

In Schedule 9 to the Value Added Tax Act 1994, in Group 6 of Part 2 (education), in item 5A—

(a) for “the Learning and Skills Council for England or” substitute—

(a) the Young People’s Learning Agency for England under Part 3 of the Apprenticeships, Skills, Children and Learning Act 2009;

(b) the Chief Executive of Skills Funding under Part 4 of that Act; or

(c)

(b) omit “Part 1 or”.

Section 27 Education Act 1996 (c. 56)

The Education Act 1996 is amended as follows.

Section 28 Education Act 1996 (c. 56)

In section 507B (local authorities in England: functions in respect of leisure-time activities) in subsection (2)(b) for “section 13(5)(a) and (6) of the Learning and Skills Act 2000” substitute “section 15ZA(6)(a) and (7)”.

Section 29 Education Act 1996 (c. 56)

In section 509AA (provision of transport etc for persons of sixth form age) in subsection (2)(d) for “which is supported by the Learning and Skills Council for England” substitute “at which the authority secures the provision of education or training under section 15ZA(1)”.

Section 30 Education Act 1996 (c. 56)

In section 509AB (further provision about transport policy statements)—

(a) in subsection (5) for “Learning and Skills Council for England” substitute “Secretary of State”;

(b) omit subsection (6)(c);

(c) in subsection (6)(d) for “Learning and Skills Council for England” substitute “Secretary of State”;

(d) omit subsection (8).

Section 31 Education Act 1996 (c. 56)

In section 509AC (interpretation of sections 509AA and 509AB)—

(a) omit subsection (2);

(b) in subsection (4) for “section 13(5) and (6) of the Learning and Skills Act 2000” substitute “section 15ZA(6) and (7)”.

Section 32 Education Act 1996 (c. 56)

In section 530 (compulsory purchase of land) in subsection (3)(a), omit the words from “under paragraph 7(1)” to “Schedule) or”.

Section 33 Audit Commission Act 1998 (c. 18)

In section 36(1) of the Audit Commission Act 1998 (studies at request of educational bodies), in the table—

(a) omit “The Learning and Skills Council for England.” in the first column and the corresponding entry in the second column;

(b) in the second column, omit “or the Learning and Skills Council for England.”

Section 34 School Standards and Framework Act 1998 (c. 31)

The School Standards and Framework Act 1998 is amended as follows.

Section 35 School Standards and Framework Act 1998 (c. 31)

In section 30 (notice by governing body to discontinue foundation or voluntary school) in subsection (3) for the words from “consult” to the end substitute

consult—

(a) if the school is in England—

(i) the Young People’s Learning Agency for England, if it has secured the provision of education for any such persons at the school, and

(ii) each local authority which has secured the provision of education for any such persons at the school;

(b) if the school is in Wales, the Welsh Ministers.

Section 36 School Standards and Framework Act 1998 (c. 31)

In section 97 (procedure for giving direction under section 96)—

(a) in subsection (1), before paragraph (a) insert—

(za) the child, in a case within subsection (1A);

(b) after subsection (1) insert—

(1A) A case is within this subsection if—

(a) the local authority are a local authority in England, and

(b) the child is over compulsory school age.

Section 37 School Standards and Framework Act 1998 (c. 31)

In Schedule 22 (disposals of land: foundation, voluntary and foundation special schools in England), in paragraph A23(9), in the definition of “children’s services”—

(a) for “section 13 of the Learning and Skills Act 2000” substitute “section 15ZA(6) and (7) of the Education Act 1996”;

(b) for “that Act” substitute “section 15ZA of the Education Act 1996 or section 66, 86 or 87 of the Apprenticeships, Skills, Children and Learning Act 2009”.

Section 38 Learning and Skills Act 2000 (c. 21)

The Learning and Skills Act 2000 is amended as follows.

Section 39 Learning and Skills Act 2000 (c. 21)

In section 113 (sixth forms requiring significant improvement)—

(a) in subsection (2) for the words from “Chapter 2 or 4” to the end substitute “Chapter 4 of Part 1 of the Education Act 2005 have the same meaning as in that Chapter.”;

(b) in the title, at the end insert “: Wales”.

Section 40 Learning and Skills Act 2000 (c. 21)

In section 152 (orders and regulations) omit subsections (2A) to (2D).

Section 41 Learning and Skills Act 2000 (c. 21)

(1) Schedule 7 (sixth forms requiring significant improvement) is amended as follows.

(2) In paragraph 1(1) after “1998)” insert “in Wales”.

(3) In paragraph 2(a) omit “13(4),”.

(4) In paragraph 3—

(a) in sub-paragraph (1) omit “section 128 of the Education and Inspections Act 2006 or”;

(b) in sub-paragraph (3) omit “5 or”.

(5) In paragraph 4—

(a) in sub-paragraph (1)(b) omit “the report relates to a school in Wales and”;

(b) in sub-paragraph (2)(a) omit “1 or”;

(c) in sub-paragraph (2)(c) omit “in the case of a school in Wales”.

(6) In paragraph 5—

(a) in sub-paragraph (1) omit “1 or” and “section 128 of the Education and Inspections Act 2006 or”;

(b) in sub-paragraph (2) omit “, in the case of a school in Wales,”.

(7) In paragraph 6—

(a) in sub-paragraph (1) omit “1 or”;

(b) in sub-paragraph (1)(b) omit “in the case of a school in Wales,”;

(c) in sub-paragraph (2)(a) omit “the Secretary of State or, in the case of a school in Wales,”;

(d) in sub-paragraph (2)(b) omit the words from “either” to “Wales and”;

(e) in sub-paragraph (3) omit from the beginning of paragraph (a) to “Wales-” in paragraph (b).

(8) In paragraph 7(2)—

(a) omit from the beginning of paragraph (a) to “Wales,” in paragraph (b);

(b) for “section 34(1) to (6) of that Act” substitute “section 34(1) to (6) of the Education Act 2005”.

(9) In paragraph 8 after “1998)” insert “in Wales”.

(10) In paragraph 10—

(a) in sub-paragraph (1) omit “section 128 of the Education and Inspections Act 2006 or”;

(b) in sub-paragraph (3) omit “5 or”.

(11) In paragraph 11—

(a) in sub-paragraph (1) omit from the beginning of paragraph (a) to “Wales,” in paragraph (b);

(b) in sub-paragraph (2)(a) omit “1 or”;

(c) in sub-paragraph (2)(c) omit “in the case of a school in Wales”.

(12) In paragraph 12—

(a) in sub-paragraph (1) omit “1 or” and “section 128 of the Education and Inspections Act 2006 or”;

(b) in sub-paragraph (2) omit “, in the case of a school in Wales,”;

(c) in sub-paragraph (3) omit “24 or”.

(13) Omit paragraphs 15 to 18 and 23 to 26.

(14) In paragraph 31(2) omit from the beginning of paragraph (a) to “in Wales,” in paragraph (b).

(15) Omit paragraphs 32 to 38.

(16) In paragraph 45(2) omit from the beginning of paragraph (a) to “in Wales,” in paragraph (b).

(17) In the title, at the end insert “: Wales”.

Section 42 Learning and Skills Act 2000 (c. 21)

In Schedule 9 (amendments) omit paragraphs 2, 3, 4, 5, 9, 12, 16 and 73.

Section 43 Freedom of Information Act 2000 (c. 36)

In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (public authorities: other public bodies and offices)—

(a) omit the entry for the Learning and Skills Council for England;

(b) at the appropriate place insert—

The Young People’s Learning Agency for England.

Section 44 Education Act 2002 (c. 32)

The Education Act 2002 is amended as follows.

Section 45 Education Act 2002 (c. 32)

In section 88 (implementation of the National Curriculum for England in schools) omit subsection (7).

Section 46 Education Act 2002 (c. 32)

In section 131(6) (appraisal of performance of teachers) omit paragraph (e) (and the “and” preceding it).

Section 47 Education Act 2002 (c. 32)

In section 178 (workplace education and training for 16 to 18 year olds) omit subsection (2).

Section 48 Education Act 2002 (c. 32)

In section 183 (transfer of functions relating to allowances under section 181)—

(a) in subsection (1) for paragraph (a) (and the “or” immediately after it) substitute—

(a) the Chief Executive of Skills Funding,

(aa) the Young People’s Learning Agency for England, or

(b) in subsection (3) before “body” insert “person or”.