HL Deb 23 June 1998 vol 591 cc205-6

126 After Clause 27, insert the following new clause—

POWERS OF FUNDING COUNCILS IN ENGLAND AND WALES TO SECURE PROVISION OF CERTAIN FURTHER EDUCATION

(".—(1) Section 3 of the Further and Higher Education Act 1992 (functions with respect to part-time education and full-time education for those over 18) shall be amended as follows.

(2) For subsection (3) there shall be substituted—

"(3) A council may secure the provision of facilities for education within paragraph (a) or (b) of subsection (1) above—

  1. (a) for the population of their area, where they are not required to do so by virtue of that subsection, or
  2. (b) for other persons."

(3) In subsection (5), for "to which subsection (1) above applies" there shall be substituted "within paragraph (a) or (b) of subsection (1) above".").

Baroness Blackstone

My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 126. This amendment clarifies the powers of the Further Education Funding Councils. Its effect is to confirm that councils have the power to secure the provision of facilities to further education outside Schedule 2 to the Further and Higher Education Act 1992. Broadly speaking, Schedule 2 covers those courses leading to a range of academic and vocational qualifications as well as courses in adult basic education.

The Further Education Funding Council has a duty to secure the provision of adequate facilities for this kind of FE. Non-Schedule 2 courses are those of a recreational nature and generally do not need formal qualifications. LEAs have a duty to secure provision of adequate facilities for non-Schedule 2 FE. They also have a power to secure a Schedule 2 provision. The effect of the amendment is to make it plain that the council, in addition to its duty to secure Schedule 2 provision, has the power to fund non-Schedule 2 provision which does alter the position established in 1992 that the duty to provide adequate non-Schedule 2 provision rests with the LEAs.

Moved, That the House do agree with the Commons in their Amendment No. 126.—(Baroness Blackstone.)

On Question, Motion agreed to.