Technical and Further Education Act 2017

JurisdictionEngland & Wales
Citation2017 c. 19


Technical and Further Education Act 2017

2017 Chapter 19

An Act to make provision about technical and further education.

[27 April 2017]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

1 Technical education

Part 1

Technical education

S-1 The Institute for Apprenticeships and Technical Education

1 The Institute for Apprenticeships and Technical Education

(1) The Institute for Apprenticeships is renamed the Institute for Apprenticeships and Technical Education (referred to in this Act as “the Institute”).

(2) Accordingly, in Part 1 of the Apprenticeships, Skills, Children and Learning Act 2009

(a)

(a) after “Institute for Apprenticeships”, in each place it occurs, insert “and Technical Education”;

(b)

(b) in section ZA1(2) for ““the IfA”” substitute ““the Institute””;

(c)

(c) for “IfA’s” in each place it occurs, substitute “Institute’s”;

(d)

(d) for “IfA”, in each other place it occurs, substitute “Institute”.

(3) In section 122(3)(g) of that Act for “IfA” substitute “Institute for Apprenticeships and Technical Education”.

(4) In the following provisions after “Institute for Apprenticeships” insert “and Technical Education”—

(a)

(a) Schedule 1 to the Superannuation Act 1972;

(b)

(b) Part 6 of Schedule 1 to the Freedom of Information Act 2000.

(5) Schedule 1—

(a)

(a) confers functions on the Institute in relation to technical education qualifications,

(b)

(b) makes provision about the sharing of information,

(c)

(c) makes provision about the charging of fees by the Institute in connection with evaluations of the quality of apprenticeship assessments, and

(d)

(d) makes transitional provision.

S-2 Information about technical education: access to English schools

2 Information about technical education: access to English schools

(1) The Education Act 1997 is amended as follows.

(2) After section 42A insert—

“ 42B. Information about technical education: access to English schools(1) The proprietor of a school in England within subsection (2) must ensure that there is an opportunity for a range of education and training providers to access registered pupils during the relevant phase of their education for the purpose of informing them about approved technical education qualifications or apprenticeships.(2) A school is within this subsection if it provides secondary education and is one of the following—(a) an Academy;(b) an alternative provision Academy;(c) a community, foundation or voluntary school;(d) a community or foundation special school (other than one established in a hospital);(e) a pupil referral unit.(3) The proprietor of a school in England within subsection (2) must prepare a policy statement setting out the circumstances in which education and training providers will be given access to registered pupils for the purpose of informing them about approved technical education qualifications or apprenticeships.(4) The proprietor must ensure that the policy statement is followed.(5) The policy statement must include—(a) any procedural requirements in relation to requests for access;(b) grounds for granting and refusing requests for access;(c) details of premises or facilities to be provided to a person who is given access.(6) The proprietor may revise the policy statement from time to time.(7) The proprietor must publish the policy statement and any revised statement.(8) The Secretary of State may by regulations make provision supplementing subsection (1), for example provision about who is to be given access to pupils, to which pupils they are to be given access and how and when.(9) For the purposes of this section the relevant phase of a pupil’s education is the period—(a) beginning at the same time as the school year in which the majority of pupils in the pupil’s class attain the age of 13, and(b) ending with the expiry of the school year in which the majority of pupils in the pupil’s class attain the age of 18.(10) In this section “approved technical education qualification” means a qualification approved under section A2DA of the Apprenticeships, Skills, Children and Learning Act 2009.”

(3) In section 42A (provision of careers guidance in schools in England), in subsection (7), omit the definition of “apprenticeship” (which has become outdated).

(4) In section 45A (guidance as to discharge of duties: schools in England), in subsection (2), for “42A(1) or (4)” substitute “section 42A(1) or (4) or 42B”.

(5) In section 46 (extension or modification of provisions of sections 43 to 45), in subsection (1)—

(a)

(a) after “42A,” insert “42B,”;

(b)

(b) after “42A(6),” insert “42B(9)”.

2 Further education bodies: insolvency etc

Part 2

Further education bodies: insolvency etc

CHAPTER 1

Introduction

S-3 Overview

3 Overview

This Part is mainly about the insolvency of further education bodies—

(a) Chapter 2 ensures that normal insolvency procedures apply to further education bodies that are statutory corporations;

(b) Chapter 3 restricts the use of normal insolvency procedures;

(c) Chapter 4 creates a special administration regime;

(d) Chapter 5 is about the treatment of trust property held by certain bodies;

(e) Chapter 6 imposes restrictions on existing procedures for dissolution;

(f) Chapter 7 confers power to make provision about the disqualification of members of further education bodies.

S-4 “Further education body”

4 “Further education body”

(1) In this Part “further education body” means—

(a)

(a) a further education body in England, or

(b)

(b) a further education body in Wales.

(2) In this Part “further education body in England” means—

(a)

(a) a further education corporation in England,

(b)

(b) a sixth form college corporation, or

(c)

(c) a company conducting a designated further education institution in England.

(3) In this Part “further education body in Wales” means—

(a)

(a) a further education corporation in Wales, or

(b)

(b) a company conducting a designated further education institution in Wales.

S-5 Other key definitions

5 Other key definitions

In this Part—

“appropriate national authority”—

(a) in relation to a further education body in England, means the Secretary of State;

(b) in relation to a further education body in Wales, means the Welsh Ministers;

“company” means a company within the meaning of the Companies Act 2006;

“designated further education institution” means an institution that—

(a) is designated under section 28 of the Further and Higher Education Act 1992, and

(b) is principally concerned with the provision of further education;

“further education corporation” means a body corporate that—

(a) is established under section 15 or 16 of the Further and Higher Education Act 1992, or

(b) has become a further education corporation by virtue of section 33D or 47 of that Act;

“further education corporation in England” means a further education corporation established to conduct an institution in England;

“further education corporation in Wales” means a further education corporation established to conduct an institution in Wales;

“sixth form college corporation” means a body corporate—

(a) designated as a sixth form college corporation under section 33A or 33B of the Further and Higher Education Act 1992, or

(b) established under section 33C of that Act.

CHAPTER 2

Application of normal insolvency to statutory corporations

S-6 Application of normal insolvency procedures

6 Application of normal insolvency procedures

(1) The purpose of this section is to make the following insolvency procedures available in relation to further education bodies that are statutory corporations—

(a)

(a) voluntary arrangements,

(b)

(b) administration,

(c)

(c) creditors’ voluntary winding up, and

(d)

(d) winding up by the court,

and to make provision about receivers and managers of property.

(2) For that purpose, the relevant insolvency legislation applies in relation to further education bodies that are statutory corporations as it applies in relation to companies, subject to—

(a)

(a) any modifications or omissions specified in regulations made by the Secretary of State, and

(b)

(b) sections 9 to 12 (restrictions on normal insolvency procedures to facilitate special administration).

(3) The “relevant insolvency legislation” means any provision made by or under the following provisions of the Insolvency Act 1986

(a)

(a) Part 1 (company voluntary arrangements);

(b)

(b) Part 2 (administration);

(c)

(c) Part 3 (receivership);

(d)

(d) Part 4 (winding up);

(e)

(e) Parts 6, 7 and 12 to 18 (supplementary provision).

(4) The modifications or omissions that may be made under subsection (2)(a) include modifications or omissions in connection with the interaction between the insolvency procedures made available in relation to further education bodies by this section and education administration under Chapter 4 of this Part.

(5) Regulations under this section that modify or omit a provision of an Act as it applies by virtue of this section are subject to the affirmative resolution procedure.

(6) Any other regulations under this section are subject to the negative resolution procedure.

S-7 Application of other insolvency law

7 Application of other insolvency law

(1) The Secretary of State may make regulations, in consequence of section 6 or regulations made under it—

(a)

(a) providing for any legislation about insolvency to apply in relation to a further education body that is a statutory corporation (with or without modifications);

(b)

(b)...

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