Legalize / United Kingdom / Public General Act

Learning and Skills Act 2000

Type Public General Act

Publication 2000-07-28

Last updated 2025-09-01

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

Part I — Learning and Skills Council for England

The Council

Studies across Wales or of provision made outside Wales.

1

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Main duties

Area inspections.

2

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Supplementary.

3

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Encouragement of education and training

4

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Main powers

Provision of financial resources

5

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Financial resources: conditions

6

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Funding of school sixth-forms

7

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Links between education and training and employment

8

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Assessments and means tests

9

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Qualifying accounts and arrangements

10

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Further education: governors

11

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Other functions

Research and information

12

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Persons with learning difficulties

13

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Equality of opportunity

14

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Plans

15

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Strategy

16

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Use of information by Council

17

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Supplementary functions

18

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Local councils

19

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Functions of local councils

20

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Guidance to local councils

21

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Plans of local councils

22

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Duty of local education authorities

23

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Guidance and plans: timing

24

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Miscellaneous

Directions

25

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Committees

26

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Grants to Council

27

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Annual report

28

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Council’s financial year

29

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Part II — Further Education and Sixth Form Education: Wales

...

The Council

30

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Main duties

Education and training for persons aged 16 to 19

31

(1) Welsh Ministers must secure the provision of proper facilities for—

(a) education (other than higher education) suitable to the requirements of persons who are above compulsory school age but have not attained the age of 19,

(b) training suitable to the requirements of such persons,

(d) organised leisure-time occupation connected with such training.

(2) Facilities are proper if they are—

(a) of a quantity sufficient to meet the reasonable needs of individuals, ...

(b) of a quality adequate to meet those needs and

(3) In performing the duty imposed on them by subsection (1) the Welsh Ministers must—

(a) take account of the places where facilities are provided, the character of facilities and the way they are equipped;

(b) take account of the different abilities and aptitudes of different persons;

(c) take account of the education and training required in different sectors of employment for employees and potential employees;

(cc) take account of the education and training that is required in order to ensure that employees and potential employees are available who are able to deliver additional learning provision in Welsh;

(cd) take account of the education and training that is required in order to ensure that facilities are available for assessing through the medium of Welsh whether persons have additional learning needs;

(d) take account of facilities whose provision the Welsh Ministers think might reasonably be secured by other persons;

(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) For the purposes of this section—

(a) education includes both full-time and part-time education;

(b) training includes both full-time and part-time training;

(d) higher education is education provided by means of a course of any description mentioned in Schedule 6 to the Education Reform Act 1988.

Education and training for persons over 19

32

(1) The Welsh Ministers must secure the provision of reasonable facilities for—

(a) education (other than higher education) suitable to the requirements of persons who have attained the age of 19,

(b) training suitable to the requirements of such persons,

(d) organised leisure-time occupation connected with such training.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) In performing the duty imposed on them by subsection (1) the Welsh Ministers must—

(a) take account of the places where facilities are provided, the character of facilities and the way they are equipped;

(b) take account of the different abilities and aptitudes of different persons;

(c) take account of the education and training required in different sectors of employment for employees and potential employees;

(cc) take account of the education and training that is required in order to ensure that employees and potential employees are available who are able to deliver additional learning provision in Welsh;

(cd) take account of the education and training that is required in order to ensure that facilities are available for assessing through the medium of Welsh whether persons have additional learning needs;

(d) take account of facilities whose provision the Welsh Ministers think might reasonably be secured by other persons;

(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) For the purposes of this section—

(a) education includes both full-time and part-time education;

(b) training includes both full-time and part-time training;

(d) higher education is education provided by means of a course of any description mentioned in Schedule 6 to the Education Reform Act 1988.

(6) References in this Part to post-16 education are to—

(a) education falling within section 31(1)(a) or subsection (1)(a) above, and

(b) organised leisure-time occupation connected with such education.

(7) References in this Part to post-16 training are to—

(a) training falling within section 31(1)(b) or subsection (1)(b) above, and

(b) organised leisure-time occupation connected with such training.

Encouragement of education and training

33

The Welsh Ministers must—

(a) encourage individuals to undergo post-16 education and training;

(b) encourage employers to participate in the provision of post-16 education and training;

Main powers

Provision of financial resources

34

(1) The Welsh Ministers may secure the provision of financial resources to—

(a) persons providing or proposing to provide post-16 education or training;

(b) persons providing or proposing to provide goods or services in connection with the provision by others of post-16 education or training;

(d) persons providing or proposing to provide courses falling within paragraph 1(g) or (h) of Schedule 6 to the Education Reform Act 1988 (courses in preparation for professional examinations at a higher level or providing education at a higher level);

(e) institutions within the further or higher education sector (within the meaning of section 91 of the Further and Higher Education Act 1992) which provide or propose to provide secondary education (other than post-16 education);

(f) persons undertaking or proposing to undertake research relating to education or training;

(g) persons providing or proposing to provide facilities designed to form links between (on the one hand) employers and (on the other) persons who provide or receive education or training;

(h) persons carrying out means tests under arrangements made under section 37;

(i) persons providing or proposing to provide information, advice or guidance about education or training or connected matters (including employment).

(2) The Welsh Ministers may secure the provision of financial resources under subsection (1)—

(a) by providing resources themselves;

(b) by making arrangements for the provision of resources by another person;

(c) by making arrangements for the provision of resources by persons jointly (whether or not including the Welsh Ministers).

(3) In exercising their power under subsection (1)(c) the Welsh Ministers may secure the provision of financial resources by reference to any fees or charges payable by the person receiving or proposing to receive the education or training or to any other matter (such as transport or childcare).

Financial resources: conditions

35

(1) If the Welsh Ministers themselves provide financial resources under section 34they may impose conditions; and the conditions may include any provisions described below.

(2) The conditions may—

(a) require the Welsh Ministers or a person designated by them to be allowed access to a person’s accounts and documents and to be given rights in relation to a person’s computers and associated apparatus and material;

(b) require a person to whom financial resources are provided to give to theWelsh Ministers information they request for the purpose of carrying out their functions.

(3) The conditions may require a person providing or proposing to provide education or training (the provider) to make arrangements providing for all or any of the following—

(a) for the provider to charge fees by reference to specified criteria;

(b) for the provider to make awards by reference to specified criteria;

(d) for amounts to be determined by reference to specified criteria where provision is made under paragraph (c);

(e) for specified exemptions to operate where provision is made under paragraph (c);

(f) for the provider to make provision specified in a report of an assessment conducted under section ... 140.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) The conditions may—

(a) enable the Welsh Ministers to require the repayment (in whole or part) of sums paid by the National Assembly if any of the conditions subject to which the sums were paid is not complied with;

(b) require the payment of interest in respect of any period in which a sum due to the National Assembly in accordance with any condition is unpaid.

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Funding of school sixth-forms

36

(1) The Welsh Ministers may make a grant to a local authority—

(a) on the condition that the grant be applied as part of the authority’s schools budget for a funding period , and

(b) with a view to the grant being used for the purposes of, or for purposes connected with, the provision by schools of education suitable to the requirements of persons above compulsory school age.

(2) A grant made under this section may be made on conditions in addition to the condition mentioned in subsection (1)(a) (including conditions of a kind which could be imposed under section 35).

(3) In this section—

“ funding period ” means a financial year or, if some other period is prescribed in relation to Wales under subsection (1B) of section 45 of the School Standards and Framework Act 1998 (maintained schools to have budget shares), that other period;

“local authority” means a local authority in Wales (within the meaning of section 579(1) of the Education Act 1996);

“ schools budget ” has the same meaning as in Part 2 of that Act (framework for maintained schools).

Assessments and means tests

37

(1) The Welsh Ministers may develop schemes for the assessment of the performance of persons in providing post-16 education and training.

(2) The Welsh Ministers may take the assessments into account in deciding how to exercise their powers under section 34.

(3) The Welsh Ministers may—

(a) carry out means tests;

(b) arrange for other persons to carry out means tests.

(4) The Welsh Ministers may take the results of the tests into account in exercising their power under section 34(1)(c).

Qualifying accounts and arrangements

38

(1) The Welsh Ministers may promote—

(a) the holding of accounts which qualify under section 104;

(b) the making of arrangements which qualify under section 105.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Further education: governors

39

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Other functions

Research and information

40

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) The Welsh Ministers must establish systems for collecting information which is designed to secure that their decisions with regard to education and training are made on a sound basis.

(6) The Welsh Ministers may secure the provision of facilities for providing information, advice or guidance about education or training or connected matters (including employment).

Persons with learning difficulties

41

(1) In discharging its functions under sections 31, 32 and 34(1)(a) to (d) and (g) the Welsh Ministers must have regard—

(a) to the needs of persons with learning difficulties, and additional learning needs;

(b) in particular, to any report of an assessment conducted under section ... 140.

(b) to the desirability of facilities being available which would assist the discharge of duties under the Additional Learning Needs and Education Tribunal (Wales) Act 2018.

(2) If the Welsh Ministers are satisfied that they cannot secure the provision of facilities for education or training which are sufficient in quantity and adequate in quality for a person with a learning difficulty who is over compulsory school age but who has not attained the age of 19 unless they also secure the provision of boarding accommodation for him, the Welsh Ministers must secure the provision of boarding accommodation for him.

(3) If the Welsh Ministers are satisfied that they cannot secure the provision of reasonable facilities for education or training for a person with a learning difficulty who has attained the age of 19 but not the age of 25 unless they also secure the provision of boarding accommodation for him, the Welsh Ministers must secure the provision of boarding accommodation for him.

(4) If the Welsh Ministers are satisfied that they cannot secure the provision of reasonable facilities for education or training for a person with a learning difficulty who has attained the age of 25 unless they also secure the provision of boarding accommodation for him, the Welsh Ministers may secure the provision of boarding accommodation for him.

(5) A person has a learning difficulty if—

(a) he has a significantly greater difficulty in learning than the majority of persons of his age, or

(b) he has a disability which either prevents or hinders him from making use of facilities of a kind generally provided by institutions providing post-16 education or training.

(5A) In this Part, “additional learning needs” has the meaning given by section 2 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018, and “additional learning provision” has the meaning given by section 3 of that Act.

(6) But a person is not to be taken to have a learning difficulty solely because the language (or form of language) in which he is or will be taught is different from a language (or form of language) which has at any time been spoken in his home.

Equality of opportunity

42

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Plans

43

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Strategy

44

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Use of information by Council

45

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Supplementary functions

46

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Miscellaneous

Directions

47

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Committees

48

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Grants to Council

49

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Annual report

50

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Council’s financial year

51

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Part III — Inspections in England

Chapter I — The Adult Learning Inspectorate

The Inspectorate

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The Inspectorate’s remit

53

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Functions of the Inspectorate and the Chief Inspector

Functions of the Inspectorate and Chief Inspector

54

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Inspections under section 54

55

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General powers

56

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Right of entry and offences

57

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Action plans

58

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Annual report

59

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Chapter II — Her Majesty’s Chief Inspector of Schools in England

The Chief Inspector’s extended remit

The extended remit

60

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Additional functions

Additional functions of the Chief Inspector

61

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Inspection of further education institutions

62

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Right of entry and offences

63

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Action plans

64

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Area inspections

65

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Reports of area inspections

66

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Action plans following section 65 inspections

67

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Further powers of the Chief Inspector

68

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Chapter III — The Common Inspection Framework and Joint Inspections

The Common Inspection Framework

The framework

69

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Preparation of the framework

70

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Joint inspections

71

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Chapter 1 — The Adult Learning Inspectorate

Defamation

72

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Part IV — Inspections in Wales

New titles

Inspectors of Education and Training in Wales

73

(1) Her Majesty’s Chief Inspector of Schools in Wales is renamed Her Majesty’s Chief Inspector of Education and Training in Wales or Prif Arolygydd Ei Mawrhydi dros Addysg a Hyfforddiant yng Nghymru.

(2) Her Majesty’s Inspectors of Schools in Wales are renamed Her Majesty’s Inspectors of Education and Training in Wales or Arolgwyr Ei Mawrhydi dros Addysg a Hyfforddiant yng Nghymru.

(3) In any provision of, or made under, any enactment—

(a) for “Her Majesty’s Chief Inspector of Schools in Wales” substitute “ Her Majesty’s Chief Inspector of Education and Training in Wales or Prif Arolygydd Ei Mawrhydi dros Addysg a Hyfforddiant yng Nghymru ”; and

(b) for “Her Majesty’s Inspectors of Schools in Wales” substitute “ Her Majesty’s Inspectors of Education and Training in Wales or Arolgwyr Ei Mawrhydi dros Addysg a Hyfforddiant yng Nghymru ”.

Some defined terms

74

(1) In this Part—

“local authority in Wales” has the same meaning as in the Education Act 1996 (see section 579(1) of that Act);

“the National Assembly” means the National Assembly for Wales.

(2) In this Part, any reference to the Chief Inspector for Wales is to be read as a reference to the person mentioned in section 73(1).

Extended remit

The extended remit of the Chief Inspector for Wales

75

(1) The following kinds of education and training are brought within the remit of the Chief Inspector for Wales by this Part—

(a) education or training for persons aged 16 or over where the provider of the education or training is given financial support by the National Assembly in the discharge of its functions under Part 2 or by a local authority in Wales (either generally or for a specific purpose);

(b) education or training for persons aged 16 or over where the National Assembly in the discharge of its functions under Part 2 is, or a local authority in Wales are, contemplating giving the provider of the education financial support (either generally or for a specific purpose);

(c) education or training provided for persons of compulsory school age in an institution in Wales which is within the further education sector;

(d) further education provided by a school under section 80 of the School Standards and Framework Act 1998;

(e) such other education or training in Wales as may be prescribed by regulations made by the National Assembly.

(2) Neither paragraph (a) nor paragraph (b) of subsection (1) applies—

(a) to education of a kind that may be inspected under Part 1 of the Education Act 2005; or

(b) if the financial support mentioned in that paragraph is given for a specific purpose, to education or training at which that support is not directed.

Additional functions

Additional functions of the Chief Inspector for Wales

76

(1) The Chief Inspector for Wales must keep the National Assembly informed about—

(a) the quality of the education and training which is brought within the remit of the Chief Inspector for Wales by this Part;

(b) the standards achieved by those receiving that education and training; and

(c) whether the financial resources made available to those providing it are managed efficiently and used so as to provide value for money.

(2) When asked to do so by the National Assembly, the Chief Inspector for Wales must—

(a) give the National Assembly advice on such matters, relating to education and training brought within the remit of the Chief Inspector for Wales by this Part, as the National Assembly may specify;

(b) inspect such education or training, or such class of education or training, within that remit as the National Assembly may specify;

(3) The Chief Inspector for Wales is to have such other functions in connection with education and training brought within the remit of the Chief Inspector for Wales by this Part as the National Assembly may specify.

(4) The functions specified under subsection (3) may include functions with respect to training of or for teachers, lecturers, trainers or other persons engaged in the provision of education or training which is brought within the remit of the Chief Inspector for Wales by this Part.

(5) In exercising functions under this Part, the Chief Inspector for Wales must have regard to—

(a) advice given by the National Assembly; and

(b) such aspects of the National Assembly’s policy as the National Assembly may specify.

Inspections

77

(1) The Chief Inspector for Wales must inspect education and training brought within the remit of the Chief Inspector for Wales by this Part.

(2) Inspections are to be conducted at such intervals as may be prescribed.

(3) The Chief Inspector for Wales must report in writing on—

(a) the quality of the education or training inspected;

(b) the standards achieved by those receiving that education or training; and

(c) whether the financial resources made available to the provider of the education or training are managed efficiently and used in a way which provides value for money.

(4) The report under subsection (3) must be made within such period as may be prescribed.

(5) The Chief Inspector for Wales must without delay send a copy of the report under subsection (3) to—

(a) the National Assembly;

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) the provider of the inspected education or training.

(6) Copies may also be sent to such other persons as the Chief Inspector for Wales considers appropriate.

(7) A copy may be supplied under subsection (6) free of charge or on payment of such fee, not exceeding the cost of supplying the copy, as the Chief Inspector for Wales may determine.

(8) The Chief Inspector for Wales must arrange for the report to be published in such manner as he considers appropriate.

(9) “Prescribed” means prescribed in regulations made by the National Assembly.

General powers

78

(1) The Chief Inspector for Wales may give advice to the National Assembly on any matter relating to education or training brought within the remit of the Chief Inspector for Wales by this Part.

(2) The Chief Inspector for Wales may inspect, and report on, any education or training of that kind.

(3) The Chief Inspector for Wales may inspect any education or training—

(a) which is not of that kind, but

(b) which would be if it were funded in one of the ways mentioned in section 75,

if the provider of the education or training asks the Chief Inspector for Wales to do so.

(4) The Chief Inspector for Wales may charge for the cost of an inspection conducted under subsection (3).

(5) Subsections (5) to (8) of section 77 apply to a report under subsection (2) as they apply to a report under that section.

(6) The Chief Inspector for Wales may arrange for a report of an inspection carried out as a result of a request under subsection (3) to be published.

Right of entry and offences

79

(1) When conducting an inspection under this Part, the Chief Inspector for Wales has, at all reasonable times—

(a) a right of entry to premises on which the education or training being inspected is provided;

(b) a right of entry to premises of the provider of that education or training which are used in connection with that provision;

(c) a right to inspect, and take copies of, any records kept by that person, and any other documents containing information relating to the education or training, which the inspector requires for the purposes of the inspection.

(2) In respect of education or training provided by an employer in the workplace, the right of entry conferred by subsection (1) may be exercised only if the employer has been given reasonable notice in writing.

(3) The right to inspect records conferred by subsection (1)(c) includes the right to have access to, and to inspect and check the operation of, any computer and any associated apparatus or material which is or has been in use in connection with the records in question.

(4) That right also includes the right to such assistance from—

(a) the person by whom or on whose behalf the computer is or has been so used, or

(b) any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material,

as the Chief Inspector for Wales may reasonably require.

(5) It is an offence wilfully to obstruct the Chief Inspector for Wales in the exercise of functions in relation to an inspection under this Part.

(6) A person guilty of such an offence is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

Action plans

80

(1) This section applies if the Chief Inspector for Wales publishes a report of an inspection.

(2) But it does not apply to a report of an inspection conducted—

(a) as a result of a request under section 78(3); or

(b) under section 83.

(3) The provider of the education or training which is the subject of the report must 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.

(4) The person making the statement must—

(a) publish it within such period, and in such manner, as may be prescribed by regulations made by the National Assembly; and

(b) send copies of it to such persons as may be so prescribed.

Inspections of careers services etc

81

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Inspections of education and training provided under 1973 Act arrangements

82

(1) The Chief Inspector for Wales may, at the request of the Secretary of State or the Chief Inspector for England , inspect any education or training provided in Wales by the Secretary of State in accordance with arrangements made under section 2 of the Employment and Training Act 1973.

(2) A report of an inspection conducted under this section at the request of the Secretary of State must be given to the Secretary of State.

(3) The Secretary of State may arrange for the report to be published in such manner as he considers appropriate.

(4) A report of an inspection conducted under this section at the request of the Chief Inspector for England must be given to that Chief Inspector.

(5) The Chief Inspector for England may arrange for the report to be published in such manner as he considers appropriate.

(6) The Chief Inspector for Wales must send a copy of any report under subsection (2) or (4) to the National Assembly.

(7) In this section “the Chief Inspector for England” means Her Majesty's Chief Inspector of Education, Children's Services and Skills.

Area inspections

83

(1) If asked to do so by the National Assembly, the Chief Inspector for Wales must inspect—

(a) the quality and availability of a specified description of education or training, in a specified area in Wales, for persons who are aged 15 or over;

(b) the standards achieved by those receiving that education or training; and

(c) whether the financial resources made available to those providing that education and training are managed efficiently and used in a way which provides value for money.

(2) The Chief Inspector for Wales may, without being asked to, conduct such an inspection.

(3) If financial resources have been applied by the National Assembly or a local authority in Wales in respect of education or training which is being inspected under this section, the inspection may extend to considering the manner in which those resources have been applied and whether they have been applied in a way which provides value for money.

(4) The education or training that may be made the subject of an area inspection is any education or training within the remit of the Chief Inspector for Wales (whether as a result of this Part or of any other enactment).

(5) A provider of education or training which is the subject of an area inspection must provide such information as the Chief Inspector for Wales may reasonably require in connection with the inspection.

(6) The National Assembly and any local authority in Wales within the area which is the subject of an area inspection must provide such information as the Chief Inspector for Wales may reasonably require in connection with the inspection.

(7) The National Assembly may by regulations make further provision with respect to the obligation to provide information imposed by this section.

(8) On completing an area inspection, the Chief Inspector for Wales must make a written report.

(9) Subsections (4), (5)(a) to (c) and (6) to (9) of section 77 apply to a report under this section as they apply to a report under that section.

(9A) For provision on reporting on sixth forms found to be causing concern in an area inspection, see sections 44C and 44E of the Education Act 2005.

(10) “Area inspection” means an inspection under this section.

(11) In subsection (1)(a) “ persons who are aged 15 ” includes persons for whom education is being provided at a school who will attain that age in the current school year; and for this purpose “ school ” and “ school year ” have the same meaning as in the Education Act 1996.

Action plans following section 83 inspections

84

(1) This section applies if the Chief Inspector for Wales publishes a report of an area inspection conducted under section 83.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) The National Assembly may direct a local authority in Wales whose area is wholly or partly in the area covered by the report to prepare a written statement of the action which they propose to take in the light of the report and the period within which they propose to take it.

(4) In preparing the statement ... the authority must consult such persons as the National Assembly may direct.

(5) The person making the statement must—

(a) publish it within such period, and in such manner, as may be prescribed by regulations made by the National Assembly; and

(b) send copies of it to such persons as may be so prescribed.

Studies across Wales or of provision made outside Wales

85

(1) The National Assembly may direct the Chief Inspector for Wales to carry out—

(a) a survey of Wales, or of a specified area within Wales, in respect of specified matters relating to policy concerned with education or training for persons aged 16 or over; or

(b) a comparative study of the provision made outside Wales in respect of specified matters relating to such education or training.

(2) The Chief Inspector for Wales may, without being directed to, carry out a survey or study of that kind.

Annual reports

86

(1) The annual report of the Chief Inspector for Wales required by section 21(1)(a) of the Education Act 2005 must include an account of the exercise of functions of the Chief Inspector for Wales under this Part.

(2) The power conferred by that section to make other reports includes a power to make reports with respect to matters relating to education or training which is brought within the remit of the Chief Inspector for Wales by this Part.

Annual plan of the Chief Inspector for Wales

87

(1) The Chief Inspector for Wales must, for the purposes of the consultation required under section 104(4) of the 1998 Act (funding of HM Chief Inspector of Education and Training for Wales), prepare a plan for each financial year.

(2) The plan must be submitted to the National Assembly by such time before the beginning of the financial year to which it relates as the National Assembly may direct.

(3) The plan must contain estimates of—

(a) the expenditure necessary, in the financial year to which the plan relates, in order to secure that the functions of the Chief Inspector for Wales are discharged effectively; and

(b) the income which the Chief Inspector for Wales will receive in that financial year and which may be applied towards meeting the expenses of the Chief Inspector for Wales.

(4) The plan must also contain proposals for the management of any funds which may be provided by the National Assembly for that financial year.

(5) The Chief Inspector for Wales may, after the plan has been approved under section 104(4A) of the 1998 Act, publish it in such manner and at such time as appear to the Chief Inspector for Wales to be appropriate.

(6) “The 1998 Act” means the Government of Wales Act 1998.

Defamation

88

(1) For the purposes of the law of defamation, any report under this Part is privileged unless its publication is shown to have been made with malice.

(2) Nothing in subsection (1) limits any privilege subsisting apart from that subsection.

Part V — Miscellaneous and general

Further Education Funding Councils

Dissolution of FEFC for England

89

(1) On the appointed day—

(a) the Further Education Funding Council for England shall be dissolved, and

(b) all property, rights and liabilities to which it was entitled or subject immediately before that day shall by virtue of this section become property, rights and liabilities of the Learning and Skills Council for England.

(2) The appointed day is the day appointed under section 154 for the commencement of this section.

Preliminary transfers: FEFC for England

90

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Dissolution of FEFC for Wales

91

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Other transfers

Transfers: England

92

(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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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.

Transfers: Wales

93

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Transfers: further provision

Stamp duty

94

(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.

Contracts of employment

95

(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.

External qualifications : England

Persons under 19

96

(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).

Persons over 19

97

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Approved qualifications: England

98

(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;

(6) A designated body may at any time revoke an approval given by it.

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Approved qualifications: Wales

99

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Authorised bodies

100

(1) For the purposes of section 96 ... these are authorised bodies—

(a) the Learning and Skills Council for England;

(b) a local authority ;

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Enforcement: England

101

(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, ...

(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).

Enforcement: Wales

102

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendments relating to external qualifications

103

(1) The Education Act 1997 shall be amended as follows.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) In section 37 (requirement for approval of certain courses leading to external qualifications) omit subsections (1) to (4) and in subsection (5) the words “, which are superseded by this section,”.

Qualifying accounts and arrangements

Qualifying accounts

104

(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.

Qualifying arrangements

105

(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;

(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.

Qualifying arrangements: Northern Ireland

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.

Qualifying arrangements: further provision

107

(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.

Grants

108

(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

(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;

(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;

(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.

Grants: Northern Ireland

109

(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

(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.

Sixth-form education

Secondary education

110

(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).

Further education corporations

111

(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 .

Further education institutions: designation

112

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 .

Inadequate sixth-forms

113

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Support for 13 to 19 year olds: England

Provision of services

114

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Consultation and coordination

115

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Local education authorities

116

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Educational institutions: information and access

117

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Inspection

118

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Information: supply by Secretary of State

119

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Information: supply by public bodies

120

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Supplementary

121

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Careers services

122

The following shall be inserted after section 10A of the Employment and Training Act 1973 (careers services)—

(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.

Support for 11 to 25 year olds: Wales

Provision of services

123

(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;

(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

(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;

Local authority: duty and powers

124

(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;

(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.

Consultation and coordination

125

(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,

(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.

Educational institutions: information and access

126

(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;

(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),

(d) pupil referral units,

(e) institutions within the further education sector, and

(f) institutions in receipt of funding from the National Assembly for Wales in the discharge of its functions under Part 2.

Inspection

127

(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,

(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

(4) A reference in subsection (1) to the provision of services includes a reference to the management and use of resources in providing services.

Conduct and effect of inspections

128

(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

(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.

Supplementary

129

(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.

City colleges and academies

City academies

130

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

City academies: land

131

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

City academies: financial provisions

132

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

City colleges and academies: special educational needs

133

After section 483 of the Education Act 1996 there shall be inserted—

(483A) (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 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 authority making payments or providing assistance by virtue of subsection (5). (7) This section does not apply to schools in Wales.

Pensions

134

(1) Section 1 of the 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 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 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.

Pensions: interpretation

135

(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 100D of the Pension Schemes Act 1993.

Pensions: delegation

136

(1) A function exercisable by virtue of section 1 of the 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;

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