HL Deb 18 July 2000 vol 615 cc889-91

2H. In section 98 of the Environmental Protection Act 1990 (definitions) in subsection (2)(e) for "or city college for the technology of the arts" substitute ", city college for the technology of the arts or city academy,".")

232 Page 82, line 20, at end insert— ("( ) In subsection (3) omit "within the meaning of section 4(6) of this Act".")

233 Page 82, line 22, leave out ("form or take part in forming") and insert ("subscribe for or otherwise acquire shares in or securities of")

234 Page 82, line 25, leave out ("of providing education or")

235 Page 82, line 26, at end insert— ("(4B) The power conferred by subsection (4)(bb) above may not be exercised for the purpose of the provision of education if the provision is secured (wholly or partly) by financial resources provided by the Learning and Skills Council for England or the National Council for Education and Training for Wales. (4C) But subsection (4B) above shall not apply to the extent that the Council concerned consents to the exercise of the power conferred by subsection (4)(bb) above in a way which does not comply with the restriction in subsection (4B). ( ) After subsection (5) insert—

"(6) A person has a learning difficulty if—

  1. (a) he has a significantly greater difficulty in learning than the majority of persons of his age, or
  2. (b) he has a disability which either prevents or hinders him from making use of facilities of a kind generally provided by institutions within the further education sector for persons of his age.

(7) But a person is not to be taken to have a learning difficulty solely because the language (or form of language) in which he is or will be taught is different from a language (or form of language) which has at any time been spoken in his home."").

236 Page 83, line 11, at end insert— ("8A. In section 41(10) of that Act (control of contracts) after "This section does not apply" insert—

  1. (a) in relation to a relevant institution which does not provide full-time education suitable to the requirements of pupils of compulsory school age, or
  2. (b)".

8B.—(1) Section 44 of that Act (collective worship) is amended as follows.

(2) For subsections (1) and (2) substitute—

"(1) This section applies to any institution within the further education sector which is principally concerned with the provision of full-time education suitable to the requirements of persons over compulsory school age who have not attained the age of nineteen years.

(2) An institution is of voluntary origin for the purposes of this section if—

  1. (a) immediately before it joined the further education sector it was a voluntary school (within the meaning of the Education Act 1996),
  2. (b) immediately before it joined the further education sector it was a foundation or voluntary school (within the meaning of the School Standards and Framework Act 1998) having a foundation established otherwise than under that Act,
  3. (c) it is designated for the purposes of this paragraph by order of the Secretary of State, or
  4. (d) it is formed by or for the purpose of merging two institutions both of which were within paragraphs (a) to (c).

(2A) The governing body of an institution to which this section applies shall ensure that at an appropriate time on at least one day in each week during which the institution is open an act of collective worship is held at the institution which persons receiving education at the institution may attend."

(3) In subsection (3)(b) for "became a further education institution" substitute "joined the further education sector".

(4) In subsection (4) for "other further education institutions" substitute "other institutions to which this section applies".

(5) In subsection (5) for "a further education institution" substitute "an institution to which this section applies".

(6) Omit subsection (6).

(7) At the end of the section insert— (7) In the application of this section to an institution which is of voluntary origin by virtue of subsection (2)(d), subsection (3)(b) shall be taken as referring to the religious traditions and practices of the two institutions mentioned in subsection (2)(d).

8C.—(1) Section 45 of that Act (religious education) shall be amended as follows.

(2) For subsections (1) and (2) substitute—

"(1) This section applies to any institution to which section 44 of this Act applies.

(2) An institution is of voluntary origin for the purposes of this section if it is of voluntary origin for the purposes of section 44 of this Act.

(2A) The governing body of an institution to which this section applies shall ensure that religious education is provided at the institution for all persons attending the institution who wish to receive it."

(3) In subsection (3) for "a further education institution" substitute "an institution to which this section applies".

(4) In subsection (5)—

  1. (a) for "each further education institution" substitute "institution to which this section applies",
  2. (b) in paragraph (a)(ii) for "became a further education institution" substitute "joined the further education sector", and
  3. (c) in paragraph (b) for "further education institutions" substitute "other institutions to which this section applies".

(5) Omit subsection (6),

(6) At the end of the section insert— (7) In the application of this section to an institution which is an institution of voluntary origin by virtue of section 44(2)(d), subsection (5)(a)(ii) shall be taken as referring to the religious traditions and practices of the two institutions mentioned in section 44(2)(d).

8D. In section 52 of that Act (duty to provide for named individuals) in subsection (1) omit "full-time".")

237 Page 83, leave out lines 15 to 17 and insert— ("9A. In section 54 of that Act (duty to give information) in subsection (1)(b) for "or city college for the technology of the arts" substitute ", city college for the technology of the arts or city academy". 9B. In section 55 of that Act (inspections etc of local authority institutions other than schools), subsections (1) to (3) and paragraphs (a) and (b) of subsection (7) shall cease to have effect. 9C. Section 56 of that Act (directions) shall cease to have effect.")

238 Page 83, line 29, leave out ("the Education Acts") and insert ("any Act")

239 Page 83, line 33, leave out ("the Education Acts") and insert ("any Act")

240 Page 84, line 40, at end insert— ("16A. In section 89(2) of that Act (orders and regulations)—

  1. (a) after "29(6) and (8)," insert "30(2)(b),", and
  2. (b) after "38," insert "44(2)(c),".")

241 Page 85, line 19, at end insert—

("Welsh Language Act 1993 (c.38)

21A. In section 6(1) of the Welsh Language Act 1993 (meaning of "public body") for paragraph (j) substitute— (j) the National Council for Education and Training for Wales;".