Organisation and Policy: Influencing Public Policy: The Learning and Skills Bill

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Summary of the Learning & Skills Act 2000

The Learning and Skills Bill received Royal assent on 28 July 2000.  This summary highlights the keys points in the Act.

Section 1 and Schedule 1 establish the Learning and Skills Council (LSC).

Sections 2-4 set out the duties of the LSC to secure provision of education and training to young people and adults and to encourage employers and individuals to participate.

Sections 5-10 set out the funding powers of the LSC.

Section 11 makes provision for the appointment of governors in the further education sector.

Sections 12-18 provide for other duties and powers, including duties in respect of equal opportunities and the needs of people with learning difficulties, powers to provide information advice and guidance services and a duty to publish its strategy and annual plans.

Sections 19-24 and Schedule 2 provide for local Learning and Skills Councils, including planning and consultation arrangements and the power of the Secretary of State to make directions to local education authorities in respect of adult and community learning provision.

Section 26 and Schedule 3 establish the LSC’s Young People’s and Adult Learning Committees.

Sections 27-29 enable the Secretary of State to give directions to the LSC, to pay it its annual grant-in-aid and require the LSC to make an annual report. The linked Schedule 3

Part 2 - National Council for Education and Training for Wales

Sections 30-51 and Schedules 4 and 5 establish the Council for Wales and give it duties and powers equivalent to those of the LSC.

Part 3 - Inspections in England

Sections 52-53 and Schedule 6 establish the Adult Learning Inspectorate (ALI) and its remit to inspect all work-based and adult learning provision.

Sections 54-59 set out ALI’s functions and those of its Chief Inspector. They encompass a duty upon the Inspectorate to keep the Secretary of State informed about quality and standards of provision within its remit and to make an annual report to the Secretary of State. In addition, the Chief Inspector has a duty to carry out inspections as requested by the Secretary of State, and the new Inspectorate has powers to carry out inspections of any provision within its remit as it thinks fit.

Sections 60-68 provide for the extended remit of OFSTED to inspect 16-19 learning provision, the duty to make inspections at the Secretary of State’s request and the power to make its own inspections. These provisions include area 16-19 inspections (if appropriate, with ALI’s advice and involvement) and the duty on the LSC and local education authorities to produce action plans in the light of area inspections.

Sections 69-71 provide for the Common Inspection Framework to be agreed between ALI and OFSTED and provide for regulations to govern the arrangements for joint inspections.

Part 4 - Inspections in Wales

Sections 73-88 provide for the extended remit of the Chief Inspector of Schools in Wales and the new functions to include inspection of all education and training provision in Wales.

Part 5 - Miscellaneous and General

Sections 89-95 provide for the transition to the new arrangements, including the transfer of assets, rights and liabilities to the successor organisations. Section 141 makes additional provision in respect of TECs during the transition. Section 95 provides for continuity of employment for employees subject to any of these transfers for when TUPE does not apply. Sections 134-136 provide for pensions during and after the transition.

Sections 96-102 provide for the approval of qualifications for public funding purposes.

Sections 104-109 secure regulation-making powers for the provision of Individual Learning Accounts.

Section 110 amends existing legislation to allow local education authorities to maintain 16-19 institutions and to allow collaboration between colleges and schools for the provision of secondary education.

Sections 111-112 update legislation to fit FE incorporation and designation with new regime.

Section 113 and Schedule 7 give the LSC and the Welsh Council powers to intervene in respect of inadequate sixth form provision where the necessary improvements have not been made following two consecutive adverse reports by school inspectors.

Sections 114-122 provide the statutory basis for the new Connexions Service for 13-19 year olds, including a duty on relevant youth support agencies to co-ordinate their own functions in support of the new service, provide for the exchange of information between agencies, including schools, and make arrangements for its inspection.

Sections 123-129 provide for a new local service for young people in Wales.

Sections 130-133 and Schedule 8 provide for a new sort of secondary school - City Academies - to replace failing schools in urban areas, offering a broad curriculum with emphases in, for example, sport or modern languages.

Section 139 amends existing legislation governing induction periods for teachers so that teachers will be able to serve their induction periods in school sixth forms or other FE colleges.

Section 140 provides for assessments of the needs of people with learning difficulties where individuals are preparing to move into non-schools post 16 learning.

Section 142 amends existing legislation to enable FE and HE institutions to collaborate with local education authorities and schools for the provision of secondary education for 14-16 year olds.

Section 143 enables the Secretary of State to bring an end to the anomalous status of certain former voluntary aided sixth form colleges by incorporating their governing bodies.

Section 144 makes provision to protect public funds where a newly designated institution closes.

Section 145 makes provision to protect the personal liability of FE college governors.

Sections 146 and 147 amends existing legislation to ensure distance learners, such as Open University students, are eligible for financial support, provisions for which currently depend on attending courses.

Section 148 provides a statutory basis for the Secretary of State’s guidance to schools on sex education and places a duty on heads and governors to have regard to it.

Section 150 makes provision for devolution to the National Assembly in respect of Part V provisions and Wales.

Sections 150-156 make standard provisions including about secondary legislation, commencement and extent of the legislation.

Schedule 9 contains various amendments to existing legislation of which the most important is clarification of the Secretary of State’s powers to intervene in FE colleges to address issues of mismanagement or inadequate quality.

Schedule 10 makes provision for transitional arrangements.

Schedule 11 contains repeals.  

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