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Learning and Skills Act 2000 (c. 21)

(The document as of February, 2008)

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Learning and Skills Act 2000

2000 CHAPTER 21

ARRANGEMENT OF SECTIONS

Content
  1. Part I

    Learning and Skills Council for England

    1. The Council

      1. 1. The Council.

    2. Main duties

      1. 2. Education and training for persons aged 16 to 19.

      2. 3. Education and training for persons over 19.

      3. 4. Encouragement of education and training.

    3. Main powers

      1. 5. Provision of financial resources.

      2. 6. Financial resources: conditions.

      3. 7. Funding of school sixth-forms.

      4. 8. Links between education and training and employment.

      5. 9. Assessments and means tests.

      6. 10. Qualifying accounts and arrangements.

      7. 11. Further education: governors.

    4. Other functions

      1. 12. Research and information.

      2. 13. Persons with learning difficulties.

      3. 14. Equality of opportunity.

      4. 15. Plans.

      5. 16. Strategy.

      6. 17. Use of information by Council.

      7. 18. Supplementary functions.

    5. Local councils

      1. 19. Local councils.

      2. 20. Functions of local councils.

      3. 21. Guidance to local councils.

      4. 22. Plans of local councils.

      5. 23. Duty of local education authorities.

      6. 24. Guidance and plans: timing.

    6. Miscellaneous

      1. 25. Directions.

      2. 26. Committees.

      3. 27. Grants to Council.

      4. 28. Annual report.

      5. 29. Council's financial year.

  2. Part II

    National Council for Education and Training for Wales

    1. The Council

      1. 30. The Council.

    2. Main duties

      1. 31. Education and training for persons aged 16 to 19.

      2. 32. Education and training for persons over 19.

      3. 33. Encouragement of education and training.

    3. Main powers

      1. 34. Provision of financial resources.

      2. 35. Financial resources: conditions.

      3. 36. Funding of school sixth-forms.

      4. 37. Assessments and means tests.

      5. 38. Qualifying accounts and arrangements.

      6. 39. Further education: governors.

    4. Other functions

      1. 40. Research and information.

      2. 41. Persons with learning difficulties.

      3. 42. Equality of opportunity.

      4. 43. Plans.

      5. 44. Strategy.

      6. 45. Use of information by Council.

      7. 46. Supplementary functions.

    5. Miscellaneous

      1. 47. Directions.

      2. 48. Committees.

      3. 49. Grants to Council.

      4. 50. Annual report.

      5. 51. Council's financial year.

  3. Part III

    Inspections in England

    1. Chapter I

      The Adult Learning Inspectorate

      1. The Inspectorate

        1. 52. The Inspectorate.

        2. 53. The Inspectorate's remit.

      2. Functions of the Inspectorate and the Chief Inspector

        1. 54. Functions of the Inspectorate and Chief Inspector.

        2. 55. Inspections under section 54.

        3. 56. General powers.

        4. 57. Right of entry and offences.

        5. 58. Action plans.

        6. 59. Annual report.

    2. Chapter II

      Her Majesty's Chief Inspector of Schools in England

      1. The Chief Inspector's extended remit

        1. 60. The extended remit.

      2. Additional functions

        1. 61. Additional functions of the Chief Inspector.

        2. 62. Inspection of further education institutions.

        3. 63. Right of entry and offences.

        4. 64. Action plans.

        5. 65. Area inspections.

        6. 66. Reports of area inspections.

        7. 67. Action plans following section 65 inspections.

        8. 68. Further powers of the Chief Inspector.

    3. Chapter III

      The Common Inspection Framework and Joint Inspections

      1. The Common Inspection Framework

        1. 69. The framework.

        2. 70. Preparation of the framework.

      2. Joint inspections

        1. 71. Joint inspections.

    4. Chapter IV

      General

      1. 72. Defamation.

  4. Part IV

    Inspections in Wales

    1. New titles

      1. 73. Inspectors of Education and Training in Wales.

      2. 74. Some defined terms.

    2. Extended remit

      1. 75. The extended remit of the Chief Inspector for Wales.

    3. Additional functions

      1. 76. Additional functions of the Chief Inspector for Wales.

      2. 77. Inspections.

      3. 78. General powers.

      4. 79. Right of entry and offences.

      5. 80. Action plans.

      6. 81. Inspections of careers services etc.

      7. 82. Inspections of education and training provided under 1973 Act arrangements.

      8. 83. Area inspections.

      9. 84. Action plans following section 83 inspections.

      10. 85. Studies across Wales or of provision made outside Wales.

      11. 86. Annual reports.

      12. 87. Annual plan of the Chief Inspector for Wales.

      13. 88. Defamation.

  5. Part V

    Miscellaneous and general

    1. Further Education Funding Councils

      1. 89. Dissolution of FEFC for England.

      2. 90. Preliminary transfers: FEFC for England.

      3. 91. Dissolution of FEFC for Wales.

    2. Other transfers

      1. 92. Transfers: England.

      2. 93. Transfers: Wales.

    3. Transfers: further provision

      1. 94. Stamp duty.

      2. 95. Contracts of employment.

    4. External qualifications

      1. 96. Persons under 19.

      2. 97. Persons over 19.

      3. 98. Approved qualifications: England.

      4. 99. Approved qualifications: Wales.

      5. 100. Authorised bodies.

      6. 101. Enforcement: England.

      7. 102. Enforcement: Wales.

      8. 103. Amendments relating to external qualifications.

    5. Qualifying accounts and arrangements

      1. 104. Qualifying accounts.

      2. 105. Qualifying arrangements.

      3. 106. Qualifying arrangements: Northern Ireland.

      4. 107. Qualifying arrangements: further provision.

      5. 108. Grants.

      6. 109. Grants: Northern Ireland.

    6. Sixth-form education

      1. 110. Secondary education.

      2. 111. Further education corporations.

      3. 112. Further education institutions: designation.

      4. 113. Inadequate sixth-forms.

    7. Support for 13 to 19 year olds: England

      1. 114. Provision of services.

      2. 115. Consultation and coordination.

      3. 116. Local education authorities.

      4. 117. Educational institutions: information and access.

      5. 118. Inspection.

      6. 119. Information: supply by Secretary of State.

      7. 120. Information: supply by public bodies.

      8. 121. Supplementary.

      9. 122. Careers services.

    8. Support for 11 to 25 year olds: Wales

      1. 123. Provision of services.

      2. 124. Local authority: duty and powers.

      3. 125. Consultation and coordination.

      4. 126. Educational institutions: information and access. training.">137. Recreation and social and physical training.

      5. 138. Wales: provision of information by public bodies.

      6. 139. Induction periods for teachers.

      7. 140. Assessments relating to learning difficulties.

      8. 141. Training programmes: cessation of funding.

      9. 142. Further and higher education corporations: secondary education.

      10. 143. Further education sector: designated institutions.

      11. 144. Designated institutions: disposal of land, &c.

      12. 145. Further education colleges: governors' liability.

      13. 146. Financial support for students.

      14. 147. Financial support for students: Northern Ireland.

      15. 148. Sex education.

      16. 149. Amendments.

    9. General

      1. 150. Wales.

      2. 151. Transitional provisions.

      3. 152. Orders and regulations.

      4. 153. Repeals.

      5. 154. Commencement.

      6. 155. Extent.

      7. 156. Citation.

  6. Schedules:

    1. Schedule 1

      Learning and Skills Council for England.

    2. Schedule 2

      Local councils.

    3. Schedule 3

      Committees (England).

    4. Schedule 4

      National Council for Education and Training for Wales.

    5. Schedule 5

      Committees (Wales).

    6. Schedule 6

      The Adult Learning Inspectorate.

    7. Schedule 7

      Inadequate Sixth Forms.

      1. Part I

        Power to publish proposals.

      2. Part II

        Publication of proposals.

      3. Part III

        Implementation of proposals.

    8. Schedule 8

      City academies: land.

    9. Schedule 9

      Amendments.

    10. Schedule 10

      Transitional provisions.

      1. Part I

        English Councils.

      2. Part II

        Welsh Councils.

      3. Part III

        Adult Learning Inspectorate.

      4. Part IV

        Student loans.

    11. Schedule 11

      Repeals.

An Act to establish the Learning and Skills Council for England and the National Council for Education and Training for Wales, to make other provision about education and training, and for connected purposes.

[28th July 2000]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:--



Part I Learning and Skills Council for England

The Council

1 The Council

(1) There shall be a body corporate called the Learning and Skills Council for England.

(2) The Council is to consist of not less than 12 and not more than 16 members appointed by the Secretary of State, and he must appoint one of them as chairman.

(3) In appointing a member the Secretary of State must have regard to the desirability of appointing a person who has experience relevant to the Council's functions.

(4) Schedule 1 contains provisions about the Council.

(5) The Council's functions are to be carried out in relation to England only.



Main duties

2 Education and training for persons aged 16 to 19

(1) The Council 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,

(c) organised leisure-time occupation connected with such education, and

(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, and

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

(3) In performing the duty imposed on it by subsection (1) the Council 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;

(d) take account of facilities whose provision the Council thinks might reasonably be secured by other persons;

(e) make the best use of the Council's resources and in particular avoid provision which might give rise to disproportionate expenditure.

(4) Provision is not to be considered as giving rise to disproportionate expenditure only because that provision is more expensive than comparable provision.

(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;

(c) training includes vocational, social, physical and recreational training;

(d) higher education is education provided by means of a course of any description mentioned in Schedule 6 to the [1988 c. 40.] Education Reform Act 1988.

3 Education and training for persons over 19

(1) The Council 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,

(c) organised leisure-time occupation connected with such education, and

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

(2) Facilities are reasonable if (taking account of the Council's resources) the facilities are of such a quantity and quality that the Council can reasonably be expected to secure their provision.

(3) In performing the duty imposed on it by subsection (1) the Council 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;

(d) take account of facilities whose provision the Council thinks might reasonably be secured by other persons;

(e) make the best use of the Council's resources and in particular avoid provision which might give rise to disproportionate expenditure.

(4) Provision is not to be considered as giving rise to disproportionate expenditure only because that provision is more expensive than comparable provision.

(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;

(c) training includes vocational, social, physical and recreational training;

(d) higher education is education provided by means of a course of any description mentioned in Schedule 6 to the [1988 c. 40.] Education Reform Act 1988.

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

(a) education falling within section 2(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 2(1)(b) or subsection (1)(b) above, and

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

4 Encouragement of education and training

The Council 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;

(c) encourage employers to contribute to the costs of post-16 education and training.



Main powers

5 Provision of financial resources

(1) The Council 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;

(c) persons receiving or proposing to receive 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 [1988 c. 40.] 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 [1992 c. 13.] 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 described in section 8(1) or (2);

(h) persons carrying out means tests under arrangements made under section 9;

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

(2) The Council may secure the provision of financial resources under subsection (1)--

(a) by providing resources itself;

(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 Council).

(3) In exercising its power under subsection (1)(c) the Council 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).

6 Financial resources: conditions

(1) If the Council itself provides financial resources it may impose conditions; and the conditions may include any provisions described below.

(2) The conditions may--

(a) require the Council or a person designated by it 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 the Council information it requests for the purpose of carrying out its 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;

(c) for the provider to recover amounts from persons receiving education or training or from employers (or from both);

(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) The conditions may--

(a) relate to the provision made (or to be made) with respect to disabled persons by a person providing or proposing to provide education or training;

(b) require a person providing education or training to publish at specified intervals statements containing information of a specified description about the facilities for education or training provided by him with respect to disabled persons.

(5) The conditions may--

(a) enable the Council to require the repayment (in whole or part) of sums paid by the Council 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 Council in accordance with any condition is unpaid.

(6) Disabled persons are persons who are disabled for the purposes of the [1995 c. 50.] Disability Discrimination Act 1995.

7 Funding of school sixth-forms

(1) The Council may make a grant to a local education authority--

(a) on the condition that the grant be applied as part of the authority's local schools budget for a financial year, 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 6).

(3) "Local schools budget" has the same meaning as in Part II of the [1998 c. 31.] School Standards and Framework Act 1998 (framework for maintained schools).

8 Links between education and training and employment

(1) The Council may secure the provision of facilities for the gaining of work experience by young persons receiving education.

(2) The Council may secure the provision of facilities designed to form links between (on the one hand) employers and (on the other) persons falling within subsection (3).

(3) The persons falling within this subsection are--

(a) persons who provide education or training, and

(b) persons who receive it and who have not attained the age of 19.

(4) A person is a young person in the period which--

(a) starts with the beginning of the year in which he attains the age of 15, and

(b) ends with the end of the year in which he attains the age of 19.

(5) A year is a year beginning with 1 September.

9 Assessments and means tests

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

(2) The Council may take the assessments into account in deciding how to exercise its powers under section 5.

(3) The Council may--

(a) carry out means tests;

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

(4) The Council may take the results of the tests into account in exercising its power under section 5(1)(c).

10 Qualifying accounts and arrangements

(1) The Council may promote--

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

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

(2) The Council--

(a) may be specified as a body with which arrangements under section 105 may be made;

(b) may be designated by the Secretary of State under section 107(1) or (3) and may act in accordance with such a designation;

(c) may make arrangements under provision made under section 108(5)(d);

(d) may be designated by the Secretary of State in exercise of a power conferred on him under section 108(6)(b) or (7)(b) and may act in accordance with such a designation.

11 Further education: governors

(1) The Council may appoint a person to be a member of the governing body of an institution which--

(a) falls within the further education sector (within the meaning given by section 91(3) of the [1992 c. 13.] Further and Higher Education Act 1992), and

(b) mainly serves the population of England.

(2) But no more than two members of the governing body of a given institution may at any given time have been appointed under this section.



Other functions

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12 Research and information

(1) The Council may carry out research relating to any matter relevant to any of its functions.

(2) The Council must provide the Secretary of State with such information or advice as he requests about any matter in relation to which the Council has a function.

(3) The Council may provide the Secretary of State with such information or advice as it thinks fit about any matter in relation to which it has a function.

(4) The Council may provide any person designated by the Secretary of State with such information as the Council thinks fit about any matter in relation to which it has a function.

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

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

13 Persons with learning difficulties

(1) In discharging its functions under sections 2, 3, 5(1)(a) to (d) and (g) and 8 the Council must have regard--

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

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

(2) If the Council is satisfied that it 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 it also secures the provision of boarding accommodation for him, the Council must secure the provision of boarding accommodation for him.

(3) If the Council is satisfied that it 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 it also secures the provision of boarding accommodation for him, the Council must secure the provision of boarding accommodation for him.

(4) If the Council is satisfied that it 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 it also secures the provision of boarding accommodation for him, the Council 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.

(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.

14 Equality of opportunity

(1) In exercising its functions the Council must have due regard to the need to promote equality of opportunity--

(a) between persons of different racial groups,

(b) between men and women, and

(c) between persons who are disabled and persons who are not.

(2) As soon as is reasonably practicable after the end of each financial year of the Council it must publish a report containing--

(a) a statement of the arrangements made under subsection (1) and having effect in the year;

(b) an assessment of how effective the arrangements were in promoting equality of opportunity.

(3) The report must also contain a statement of the arrangements which the Council has made, or proposes to make, under subsection (1) in respect of the financial year immediately following that referred to in subsection (2).

(4) The Council must send a copy of the report to the Secretary of State.

(5) "Racial group" has the same meaning as in the [1976 c. 74.] Race Relations Act 1976.

(6) Disabled persons are persons who are disabled for the purposes of the [1995 c. 50.] Disability Discrimination Act 1995.

15 Plans

(1) The Council--

(a) must make and publish a plan for each of its financial years;

(b) may make and publish such other plans as it thinks fit.

(2) A plan for the Council's first financial year must be published as soon as is reasonably practicable after the year starts.

(3) A plan for any subsequent financial year of the Council must be published before the year starts.

(4) A plan for a financial year must include--

(a) proposals as to how the Council intends to achieve in the financial year any objectives which should be achieved in the year in conformity with directions of the Secretary of State or with conditions imposed under section 27;

(b) the Council's financial proposals for the year.

16 Strategy

(1) The Council must formulate a strategy in relation to its functions and keep it under review.

(2) The Council must have regard to the strategy in exercising its functions.

(3) The strategy must include proposals as to how the Council intends to develop the skills of persons in employment; but this does not affect the generality of subsection (1).

(4) The Council must incorporate in the strategy proposals as to--

(a) how it intends to achieve any objectives contained in directions of the Secretary of State;

(b) how it intends to achieve such objectives within any time limits contained in such directions.

17 Use of information by Council

In carrying out its functions the Council must have regard to information supplied to it by any body designated by the Secretary of State for the purposes of this section.

18 Supplementary functions

(1) The Council may do anything which appears to it to be necessary or expedient for the purpose of or in connection with the exercise of its other functions.

(2) In particular it may--

(a) acquire and dispose of land and other property;

(b) enter into contracts;

(c) invest sums not immediately needed for the purpose of exercising its other functions;

(d) accept financial resources (whether as gifts or otherwise);

(e) accept gifts of land and other property.

(3) But the Council has no power--

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