Education Bill

83A: Schedule 12, page 91, line 18, at end insert— ““ In section 20 (constitution of further education corporation and conduct of further education institution), for subsection (2) substitute— ““(2) Instruments of government and articles of government of further education corporations in England— (a) must comply with the requirements of Part 2 of Schedule 4, and (b) subject to that, may make such other provision as may be necessary or desirable. (2A) Instruments of government and articles of government of further education corporations in Wales— (a) must comply with the requirements of Part 3 of Schedule 4, and (b) subject to that, may make any provision authorised to be made by that Part of that Schedule and such other provision as may be necessary or desirable.”” For section 22 substitute— ““22 Subsequent instruments and articles: England A further education corporation in England may modify or replace their instrument of government or articles of government. 22ZA Subsequent instruments and articles: Wales (1) Subject to subsections (2) and (3), the Welsh Ministers may— (a) if a further education corporation in Wales submits a draft of an instrument of government to have effect in place of their existing instrument, by order make a new instrument of government in the terms of the draft or in such terms as they think fit, and (b) if such a corporation submits draft modifications of an instrument made under paragraph (a), by order modify the instrument in the terms of the draft or in such terms as they think fit. (2) The Welsh Ministers must not make a new instrument otherwise than in the terms of the draft, or modify the instrument otherwise than in the terms of the draft, unless they have consulted the corporation. (3) If the institution conducted by a further education corporation mainly serves the population of England, or receives financial support from the Chief Executive of Skills Funding, the Welsh Ministers must consult the Chief Executive of Skills Funding before making an order under subsection (1). (4) The Welsh Ministers may by order modify, replace or revoke any instrument of government or articles of government of any further education corporation in Wales. (5) An order under subsection (4) may relate to all further education corporations in Wales, to any category of such corporations specified in the order or to any such corporation so specified. (6) Before making an order under subsection (4), the Welsh Ministers must consult— (a) the further education corporation or (as the case may be) each further education corporation to which the order relates, and (b) the Chief Executive of Skills Funding, if the institution conducted by the corporation or (as the case may be) any corporation to which the order relates mainly serves the population of England, or receives financial support from the Chief Executive of Skills Funding. (7) A further education corporation in Wales may, with the consent of the Welsh Ministers— (a) make new articles of government in place of their existing articles, or (b) modify their existing articles. (8) The Welsh Ministers may by a direction under this section require further education corporations in Wales, any class of such corporations specified in the direction or any particular further education corporation so specified— (a) to modify, replace or revoke their articles of government, or (b) to secure that any rules or bye-laws made in pursuance of their articles of government are modified, replaced or revoked, in any manner so specified. (9) Before giving a direction under this section, the Welsh Ministers must consult the further education corporation or (as the case may be) each further education corporation to which the direction applies.”” 83B: Schedule 12, page 91, line 19, leave out paragraph 4 and insert— ““ For section 27 substitute— ““27 Proposals for dissolution of further education corporations: England (1) This section applies if a further education corporation in England propose that the corporation should be dissolved. (2) The corporation must publish details of the proposal, and such other information as may be prescribed, in accordance with regulations. (3) The corporation must consult on the proposal, and take account of the views of those consulted, in accordance with regulations. 27A Dissolution of further education corporations: England (1) This section and section 27B apply if, after complying with section 27, a further education corporation in England resolve that the corporation should be dissolved on a specified date. (2) ““The dissolution date”” means the date specified in a resolution under subsection (1). (3) The corporation must notify the Secretary of State of the resolution and the dissolution date as soon as reasonably practicable. (4) The corporation are dissolved on the dissolution date. 27B Dissolution of further education corporations: England: transfer of property, rights and liabilities (1) At any time before the dissolution date, the corporation may transfer any of their property, rights or liabilities to such person or body, or a person or body of such description, as may be prescribed. (2) The corporation may do so only with the consent of the person or body concerned. (3) A transfer under subsection (1) has effect on the dissolution date. (4) Subsection (5) applies if a person or body prescribed, or of a description prescribed, under subsection (1) is not a charity established for charitable purposes which are exclusively educational purposes. (5) Any property transferred to the person or body must be transferred on trust to be used for charitable purposes which are exclusively educational purposes. 27C Dissolution of further education corporations: Wales (1) Subject to the following provisions of this section, the Welsh Ministers may by order provide for— (a) the dissolution of a further education corporation in Wales, and (b) the transfer to any person mentioned in subsection (2) or (3) of property, rights and liabilities of the corporation. (2) Such property, rights and liabilities may, with the consent of the person or body concerned, be transferred to— (a) any person appearing to the Welsh Ministers to be wholly or mainly engaged in the provision of educational facilities or services of any description, or (b) any body corporate established for purposes which include the provision of such facilities or services. (3) Such property, rights and liabilities may be transferred to a higher education funding council. (4) Where the recipient of a transfer under an order under this section is not a charity established for charitable purposes which are exclusively educational purposes, any property transferred must be transferred on trust to be used for charitable purposes which are exclusively charitable purposes. (5) An order under this section may apply section 26 with such modifications as the Welsh Ministers consider necessary or desirable. (6) Before making an order under this section in respect of a further education corporation, the Welsh Ministers must consult— (a) the corporation, and (b) the Chief Executive of Skills Funding, if the institution conducted by the corporation mainly serves the population of England, or receives financial support from the Chief Executive of Skills Funding.”””” 83C: Schedule 12, page 91, line 21, leave out paragraph 5 and insert— ““ For section 29 substitute— ““29 Government and conduct of designated institutions (1) This section applies to a designated institution, other than— (a) an institution conducted by a company, or (b) an institution conducted by an unincorporated association, if the order designating the institution provides for its exemption. (2) For each designated institution to which this section applies, there is to be— (a) an instrument providing for the constitution of a governing body of the institution (to be known as the instrument of government), and (b) an instrument in accordance with which the institution is to be conducted (to be known as the articles of government). (3) In sections 29A to 29C— ““instrument”” means an instrument of government or articles of government; ““regulatory instrument””, in relation to an institution, means— (a) an instrument of government or articles of government, or (b) any other instrument relating to or regulating the institution. 29A First post-designation instruments and articles of designated institutions: England and Wales (1) The first post-designation instrument and articles of government of a designated institution to which section 29 applies must each comply with subsection (3) and (if the institution is in Wales) subsection (6). (2) The ““first post-designation instrument and articles of government”” of a designated institution are the first instrument of government and articles of government that the institution has after the designation takes effect. (3) The instrument must meet one of the following requirements— (a) the instrument was in force when the designation took effect and is approved for the purposes of this section by the appropriate authority; (b) the instrument— (i) is made in pursuance of a power under a regulatory instrument or (where there is no such power) by the governing body of the institution, and (ii) (in either case) is approved for the purposes of this section by the appropriate authority; (c) the instrument is made by the appropriate authority by order. (4) An instrument made by the governing body under subsection (3)(b) or the appropriate authority under subsection (3)(c) may replace wholly or in part an existing regulatory instrument. (5) Before making an instrument under subsection (3)(c), the appropriate authority must, so far as it appears practicable to do so, consult— (a) the governing body of the institution, and (b) where there is power under a regulatory instrument to make the instrument, and that power is exercisable by persons other than the governing body of the institution, the persons by whom the power is exercisable. (6) If the institution is in Wales, provision made by the instrument in relation to the appointment of members of the governing body must take into account the members who may be appointed by the Welsh Ministers under section 39 of the Learning and Skills Act 2000. (7) In this section ““the appropriate authority””— (a) in relation to an institution in England, means the Secretary of State; (b) in relation to an institution in Wales, means the Welsh Ministers. 29B Changes to instruments and articles: England (1) This section applies to a designated institution in England which is an institution to which section 29 applies. (2) The governing body of the institution may modify or replace its instrument of government and articles of government. (3) The instrument of government and articles of government (as modified or replaced)— (a) must comply with the requirements of Part 2 of Schedule 4, and (b) subject to that, may make such other provision as may be necessary or desirable. 29C Changes to instruments and articles: Wales (1) This section applies to a designated institution in Wales which is an institution to which section 29 applies. (2) Subject to subsection (3), the governing body of the institution may modify, replace or revoke its instrument of government and articles of government if — (a) the instrument falls within section 29A(3)(a), (b) the instrument was made by the governing body, or (c) the instrument was made in pursuance of a power under a regulatory instrument, where there is no other power to modify it. (3) An instrument approved under section 29A(3)(a) or (b) by the Welsh Ministers may not be modified, replaced or revoked without the consent of the Welsh Ministers. (4) The Welsh Ministers may by order modify, replace or revoke the instrument of government or articles of government of the institution. (5) Before making an order under subsection (4), the Welsh Ministers must, so far as it appears practicable to do so, consult— (a) the governing body of the institution, and (b) where there is power under a regulatory instrument to make the instrument, and that power is exercisable by persons other than the governing body of the institution, the persons by whom the power is exercisable.”””” 83D: Schedule 12, page 91, line 22, at end insert— ““ In section 30 (special provision for certain institutions), in subsection (1) for ““section 29”” substitute ““sections 29 to 29C””.”” 83E: Schedule 12, page 91, line 36, at end insert— ““( ) in subsection (6)(e)(ii), for ““27”” substitute ““27C or 33P””;”” Amendments 83A to 83E agreed. Amendment 84 not moved. Amendments 84ZA to 84ZG Moved by