Commentary on Sections Schedule 16
325.Schedule 16 makes amendments to primary legislation consequential on the abolition of the YPLA. Many of the amendments simply remove references to the YPLA from other Acts, but some substitute references to the YPLA with references to the Secretary of State. This approach is necessary, for example, in provisions that refer to funding received by the YPLA which will in the future be provided by the Secretary of State (see, for example, the amendment made to the Education (Fees and Awards) Act 1983 by paragraph 5, the amendment made to the Employment Act 1988 by paragraph 7, the amendment made to section 123 of EIA 2006 by paragraph 30 and the amendments made to sections 13, 72 and 132 of ESA 2008 by paragraphs 41, 42 and 44).
326.Some of the functions of the YPLA are to be continued by the Secretary of State. So, for example, paragraph 11 inserts a new section 15ZD into EA 1996 providing that local authorities must have regard to guidance issued by the Secretary of State in performing their duties in relation to education and training for persons over compulsory school age. This replaces section 72 of ASCLA 2009, which made similar provision about guidance to be issued by the YPLA.
327.Other functions of the YPLA that are transferred to the Secretary of State include consultation by a governing body proposing to discontinue a school providing full-time education to pupils over compulsory school age (see the amendment to section 30 of SSFA 1998 made by paragraph 12) and the function of receiving any proceeds received by trustees from the sale of land when a sixth form college is discontinued (see the amendments made to section 144 of LSA 2000 by paragraph 15). Some of the information-sharing powers of the YPLA are also transferred to the Secretary of State, such as the power under section 77 of ESA 2008 (see paragraph 43) and the power under section 122 of ASCLA 2009 (see paragraph 48).