LEA functions: minor and consequential amendments

Amendments made: 281, in schedule 2, page 152, line 30, leave out from ‘(1)’ to end of line 31 and insert

‘after “secondary education” insert “and, in the case of a local education authority in England, further education,”’.

This amendment is consequent on amendment 282.

Amendment 282, in schedule 2, page 152, line 34, leave out from ‘persons’ to end of line and insert ‘—

(a) who are over compulsory school age but under 19, or

(b) who are aged 19 or over but under 25 and are subject to learning difficulty assessment.

(4) For the purposes of this Act a person is subject to learning difficulty assessment if—

(a) a learning difficulty assessment has been conducted in respect of the person, or

(b) arrangements for a learning difficulty assessment to be conducted in respect of the person have been made or are required to be made.

(5) In subsection (4), a “learning difficulty assessment” means an assessment under section 139A or 140 of the Learning and Skills Act 2000 (assessments relating to learning difficulties).

(6) For the purposes of subsection (1), persons who are subject to a detention order are to be regarded as part of the population of the area in which they are detained (and not any other area).”’.

New section 13(4) and (5) of the Education Act 1996 defines when persons are subject to a learning difficulty assessment for 1996 Act purposes. New section 13(6) identifies the area to whose population persons subject to a detention order are treated as belonging for section 13(1) purposes.

Amendment 348, in schedule 2, page 153, line 13, after ‘functions’ insert

‘and their relevant training functions’.

This amendment is consequential on clause 47 and ensures that section 13A of the Education Act 1996 applies to local education authorities in Wales when they exercise their new training functions under new section 18A(1)(b) of that Act.

Amendment 349, in schedule 2, page 153, line 16, leave out ‘educational’ and insert ‘learning’.

This amendment is consequent on amendment 348.

Amendment 283, in schedule 2, page 153, leave out lines 19 to 21.

This amendment is consequent on amendment 282.

Amendment 350, in schedule 2, page 154, line 18, leave out from ‘difficulty”)’ to end of line 19 and insert—

‘for “15A or 15B” substitute “15ZA, 15A, 15B or 18A”’

This amendment clarifies that the definition of “learning difficulty” which applies to section 18A is that set out in new section 15ZA(7) and (8) of the Education Act 1996 (as inserted by clause 40).

Amendment 351, in schedule 2, page 154, line 24, at end insert—

‘ After section 569 insert—

“569A Regulations made by Welsh Ministers under Chapter 5A

(1) Any power of the Welsh Ministers to make regulations under Chapter 5A shall be exercised by statutory instrument.

(2) A statutory instrument containing any such regulations made by the Welsh Ministers shall be subject to annulment in pursuance of a resolution of the National Assembly for Wales.

(3) Any such regulations may make different provision for different cases, circumstances or areas and may contain such incidental, supplemental, saving or transitional provisions as the Welsh Ministers think fit.”

In section 579(1) (general interpretation)—

(a) in the definition of “prescribed”, after ““prescribed”” insert “(except in Chapter 5A)”;

(b) in the definition of “regulations”, after ““regulations”” insert “(except in Chapter 5A)”.’.

This amendment is consequent on amendment 344 and reinserts new section 569A of the Education Act 1996.

Amendment 284, in schedule 2, page 154, leave out lines 25 to 27 and insert—

‘In section 580 (index) insert the following entries at the appropriate places—

“relevant young adult (in sections 508F and 508G) section 508F(8)”;

“relevant youth accommodation section 562(1A)”;

“subject to a detention order section 562(1A)”;

“subject to learning difficulty assessment section 13(4)”.’.

This amendment is consequent on amendments 271 and 282.

Amendment 352, in schedule 2, page 154, line 27, at end insert—

Education Act 2002 (c. 32)

‘ In section 207(2) of the Education Act 2002 (c. 32) (recoupment: adjustment between local education authorities), for “primary education and secondary education)” substitute “—

(a) primary education;

(b) secondary education;

(c) education provided under section 562C of the Education Act 1996 (detention of persons with special educational needs: appropriate special educational provision).”—(Jim Knight.)

This amendment amends section 207 of the Education Act 2002 to enable regulations to make provision for a local education authority to recoup the cost of making the special educational provision required under new section 562C of the Education Act 1996 (inserted by NC17) from another authority.

Schedule 2, as amended, agreed to.