Further Education and Training Act 2007

Document Number:2007 CHAPTER 25
 
FREE EXCERPT

An Act to make provision about the Learning and Skills Council for England; to make provision about institutions within the further education sector; to make provision with respect to industrial training levies; to make provision about the formation of, and investment in, companies and charitable incorporated organisations by higher education corporations; to enable the making of Assembly Measures in relation to the field of education and training; and for connected purposes.

[23 rd October 2007]

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 1 The Learning and Skills Council for England

The Council

1 Minimum membership of the Council

In section 1(2) of LSA 2000 (number of persons to be appointed to the Learning and Skills Council for England) , for “12” substitute “10”.

2 Regional councils

After section 18 of LSA 2000 insert—

“Regional councils

18 ARegional councils

(1) The Council must establish a committee (to be called a regional learning and skills council) for each area of England specified by the Secretary of State.

(2) The Secretary of State may by regulations make provision about regional councils.

(3) Regulations under subsection (2) may, in particular, make provision about—

(a) the membership of a regional council;

(b) the appointment of the members of a regional council;

(c) the appointment of a member of a regional council as chairman;

(d) the holding and vacation of office as a member or chairman of a regional council (including a person’s re-appointment, resignation and removal from office);

(e) the appointment by the Council of its employees as staff of a regional council;

(f) the delegation of functions by a regional council to its chairman;

(g) the delegation by the chairman of a regional council of functions that he is authorised to exercise to a member of the regional council;

(h) the delegation of functions by a regional council, with the consent of the Council, to a member of staff of the regional council;

(i) the payment by the Council of such salaries and such travelling, subsistence and other allowances to the chairman and other members of a regional council as the Secretary of State may determine;

(j) the provision of information to the Secretary of State;

(k) the attendance of a representative of the Secretary of State at, and the participation of such a representative in, any meeting of a regional council;

(l) the validity of the proceedings of a regional council;

(m) the regulation by a regional council of its own procedure.

(4) Regulations made by virtue of subsection (3)(a) may provide for the membership of a regional council to include persons who are not members of the Council.

(5) A consent given under subsection (3)(h) by the Council may relate to a particular function or to such descriptions of function as may be specified in the consent.

18 BFunctions of regional councils

(1) A regional council—

(a) must perform in relation to its area such of the Council’s duties as the Council specifies;

(b) may exercise in relation to its area such of the Council’s powers as the Council specifies.

(2) A regional council—

(a) must perform in relation to such places outside its area as the Council specifies such of the Council’s duties as the Council specifies;

(b) may exercise in relation to such places outside its area as the Council specifies such of the Council’s powers as the Council specifies.

18 CGuidance to regional councils

(1) In relation to each financial year of the Council it must prepare guidance for each regional council.

(2) The guidance must include objectives which a regional council should achieve in seeking to carry out its functions.

(3) The guidance must set a regional council’s budget for the financial year.

(4) The Council must consult the regional development agencies and local authorities on the guidance.

(5) After consulting under subsection (4) and (if appropriate) altering the guidance the Council must issue the guidance to the regional council.

(6) The guidance in relation to the financial year of the Council in which section 2 of the Further Education and Training Act 2007 comes into force must be prepared as soon as reasonably practicable after that section comes into force.

(7) The guidance in relation to any subsequent financial year of the Council must be prepared in time for the guidance to be issued before the financial year starts.

(8) A regional development agency is a development agency established by section 1 of the Regional Development Agencies Act 1998.”

3 Abolition of local councils

(1) The local learning and skills councils established under section 19 of LSA 2000 are abolished.

(2) In consequence of the abolition of local councils, the following are repealed—

(a) sections 19 to 24 of LSA 2000;

(b) Schedule 2 to that Act.

4 Strategies for functions of Council

Before section 25 of LSA 2000 , and after the italic cross-heading preceding that section, insert—

“24 AStrategies for functions of Council

(1) The Secretary of State may by order specify an area in England as an area for which a body specified in the order may formulate and keep under review a strategy setting out how such functions of the Council as are specified in the order are to be carried out in relation to the area.

(2) An order under subsection (1) may specify an area comprising the whole of England.

(3) An order under subsection (1) may not specify an area in England consisting only of Greater London or a part of Greater London.

(4) The Secretary of State may give to a body specified in an order under subsection (1) directions and guidance in relation to the formulation and review of its strategy, in particular in relation to—

(a) the form and content of the strategy;

(b) the updating of the strategy;

(c) the steps to be taken when the body is formulating or reviewing the strategy;

(d) the matters to which the body is to have regard when formulating or reviewing the strategy;

(e) the consultation to be carried out when the body is formulating or reviewing the strategy.

(5) It is the duty of a body specified in an order under subsection (1) to comply with any directions given to it by the Secretary of State under subsection (4).

(6) It is the duty of a body specified in an order under subsection (1) to have regard to any guidance given to it by the Secretary of State under subsection (4).

(7) The Council may pay to a body specified in an order under subsection (1) such sums as appear to the Council appropriate for enabling the body to meet costs and expenses incurred, or to be incurred, by it in formulating its strategy or keeping it under review.

24 BStrategy for functions of Council: Greater London

(1) The Secretary of State must by regulations provide for the establishment of a body for the purposes of discharging the functions set out in subsection (2).

(2) The body established under this section must—

(a) formulate a strategy setting out how specified functions of the Council are to be carried out in Greater London, and

(b) keep it under review.

(3) Specified functions are functions of the Council specified for the purposes of this section by order of the Secretary of State.

(4) The Secretary of State may give to the body established under this section directions and guidance in relation to the formulation and review of its strategy, in particular in relation to—

(a) the form and content of the strategy;

(b) the updating of the strategy;

(c) the steps to be taken when the body is formulating or reviewing the strategy;

(d) the matters to which the body is to have regard when formulating or reviewing the strategy;

(e) the consultation to be carried out when the body is formulating or reviewing the strategy.

(5) It is the duty of the body established under this section to comply with any directions given to it by the Secretary of State under subsection (4).

(6) It is the duty of the body established under this section to have regard to any guidance given to it by the Secretary of State under subsection (4).

(7) Where the body established under this section formulates a strategy under this section, or in consequence of a review of the strategy modifies it, the body must publish the strategy or modified strategy in such manner as it thinks fit.

(8) Regulations under this section must include—

(a) provision for the body to consist of the Mayor of London and such other persons as are appointed by the Mayor in accordance with the regulations;

(b) provision for the Mayor to be the chairman of the body.

(9) The Council may pay to the body established under this section such sums as appear to the Council appropriate for enabling the body to meet costs and expenses incurred, or to be incurred, by it in formulating its strategy or keeping it under review.

(10) The Council may pay to the Greater London Authority such sums as appear to the Council appropriate for enabling the Authority to meet costs and expenses incurred, or to be incurred, by the Mayor in connection with the exercise of functions conferred on him by regulations under this section or as chairman of the body established under this section.

24 CDuty of Council

(1) The Council must carry out any function to which a strategy under section 24 A or 24 B relates in accordance with that strategy.

(2) Subsection (1) is subject to the following provisions of this section.

(3) The Council may not carry out a function in accordance with such a strategy if in doing so it would fail to comply with a duty imposed on it by or under any enactment other than subsection (1).

(4) If provision in the Council’s strategy under section 16 conflicts with provision in a strategy under section 24 A (or section 24 B) , the Council may disregard the provision in the strategy under section 24 A (or section 24 B) so far as it conflicts with the provision in...

To continue reading

REQUEST YOUR TRIAL