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7 ASSETS AND STAFFING
Assets
7.1 The Government intends that the land, buildings and equipment which are currently used by colleges in the new sector should be vested in those colleges on 1 April 1993. These assets will be vested with the governing body of the institution for the life of that institution. From vesting day, colleges will become responsible for holding, managing and maintaining those assets. The trustees of voluntary aided sixth form colleges already own the relevant assets.
7.2 Those assets were obtained and maintained on a basis which shared the cost between local and national taxpayers. They were provided in order to secure further education for the local population. As the assets will continue to be available to serve that purpose, the Government does not propose to compensate LEAs for the assets transferred to the new sector.
7.3 The forthcoming legislation will set out the means by which these assets are to be transferred. Following the passage of that legislation, the relevant assets will need to be identified and procedures put in place to ensure an orderly transfer from the local authority to the colleges. In most instances, identification of the relevant assets should not pose significant problems. But a local authority and a college may sometimes differ on whether particular assets ought to be transferred. There may also be cases where determination is needed on how particular assets should be shared, or use of them shared, between two or more colleges, or between a college and a school.
7.4 The Government expects that most such differences will be settled locally between the authority and the college concerned. But reference to an outside body may help to resolve some outstanding differences. The Government proposes to extend the remit of the Education Assets Board to enable it to fulfil this role. The Board, established under the Education Reform Act 1988, has had experience in the transfer of the assets and liabilities of polytechnics and of grant-maintained schools.
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EDUCATION FOR ADULTS
7.5 Chapter 3 described the education for adults which will be supported by the Councils, working through the colleges. Colleges may provide all these kinds of education themselves or may buy in some work from other providers, including LEAs and voluntary bodies.
7.6 The education of adults is currently organised in different ways in different areas: it can be provided by further education colleges in their own or in other premises, in separate adult education centres, or in community schools.
7.7 Where colleges currently use premises and other assets which are wholly devoted to the education of adults, those assets will be vested in them along with the rest of the college'S assets. Any disputes about such assets will be considered in the same way as other disputes (paragraph 7.4 above). The same arrangements will apply to assets which may be given to the college by the LEA between now and March 1993. The Government is aware that some LEAs are in the process of increasing their colleges' responsibilities for education for adults.
7.8 It will be for colleges to consider how best to discharge their new responsibilities for the education of adults. In many cases, the best way to exercise those responsibilities will be through the use of premises and equipment which the colleges do not control. The Government expects that colleges will enter into agreements with LEAs, school governing bodies and others for the use of such premises and equipment. This will help ensure that the best use is made of available resources and that a coherent education service for adults is provided.
7.9 Difficulties may arise, however, if a college is denied access to some dedicated facility for the education of adults, or if such a facility falls out of public use. To guard against such dangers, the legislation will provide that a college may apply at any time within three years after 1 April 1993 for the vesting in itself
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of an asset belonging to an LEA used primarily for the education of adults which it needs for the discharge of its responsibilities, and to which it cannot secure guaranteed access by other means. The remit of the Education Assets Board will be extended to help resolve any difficulties between authorities and colleges.
TRANSITIONAL ARRANGEMENTS
7.10 The Secretaries of State announced on 21 March that they intended to seek the approval of Parliament to legislation which requires their specific consent for all disposals by local education authorities of land or interests in land, including buildings, used or held or obtained for, or in connection with, the purposes of the institutions forming the new sector. Similar powers will also be sought with regard to voluntary sixth form colleges where the LEA will need to convey its interest in such assets to the trustees of the school.
7.11 The disposals of land or interests in land requiring the consent of the Secretary of State will include outright sale, granting or otherwise disposing of any leasehold or other interest in land, direct sale and leaseback, any mortgage or other charge designed to raise capital on the security of the land. It will also include any disposal which is made in return for the supply of goods or services. Such disposals also include entering into any binding obligation to make a disposal of the kind in question. This measure will have effect from 22 March 1991 but does not affect enforceable obligations entered into before that.
7.12 In addition, the Secretaries of State will seek the approval of Parliament for a measure, effective from 22 March 1991, which will require local authorities entering into contracts which bind colleges in the new sector beyond 1 April 1993 to obtain the specific consent of the governing body concerned. Contracts for a consideration having a value in excess of £50,000 will also require the specific consent of the relevant Secretary of State.
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7.13 Parliament's approval will be sought for appropriate sanctions where prior consent has not been obtained. For disposals of land or interests in land without the consent of the relevant Secretary of State, there will be a power of compulsory purchase with a right of recovery from the local authority of any compensation payable. For contracts, including contracts for disposal, entered into without the consent of the governing body concerned or, where applicable, that of the Secretary of State, there will be a right of repudiation, and such repudiation will be deemed to be a repudiation by the relevant local authority so that any liability and damages will remain with that authority.
Debt charges
7.14 Local authorities are currently responsible for meeting debt charges attaching to the property of the colleges they maintain. They receive support for this expenditure through annual local authority finance settlements. Some debt charges relate to projects dating back many years. It would be complex and time-consuming to identify and separate out charges relating to college property from the rest of local authorities' historic debt. The Government therefore proposes that local authorities should retain liability for all debt charges relating to college property incurred up to April 1991. The Government will continue to provide support in the same way as now through Revenue Support Grant to help authorities meet those liabilities.
7.15 For new capital projects starting in financial years 1991-92 and 1992-93, local authorities will bear the cost of charges in those years in the normal way. But from 1 April 1993 the Councils will take responsibility for meeting the cost of servicing debts arising from new contracts approved by the relevant Secretary of State in accordance with paragraph 7.12. The Councils will take responsibility for meeting the cost of these debts provided that the debts do not exceed the level of the annual capital guidelines for relevant institutions in each of these two financial years for the authority concerned. In this way local authorities can enter into capital commitments with confidence that the continuing costs will be covered.
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Pay and conditions of service
7.16 At present the pay and conditions of teaching staff in further education establishments are determined through negotiation between the LEA employers and the lecturer unions in the National Joint Council for Further Education. The teaching staff in sixth form colleges are school teachers: their pay and conditions are currently determined by the Secretary of State for Education and Science on the advice of the Interim Advisory Committee under the Teachers' Pay and Conditions Act 1987. The pay and conditions of non-teaching staff in both further education establishments and sixth form colleges are negotiated between the local authority employers and the staff in the relevant National Joint Councils.
7.17 The staffs of further education and sixth form colleges will initially be transferred to the employment of the institutions in the new sector on their existing pay and conditions, as with the transfers of staff to grant-maintained schools and to polytechnics and colleges under sections 75 and 127 of the Education Reform Act 1988. This block transfer will remove uncertainty for both staff and their employers. At the point of transfer the statutory pay and conditions arrangements applicable to school teachers will cease to apply to those staff who transfer to the new sector from institutions which are currently schools. Where an asset used for the education of adults is vested in a college later than 1 April 1993 in the way described in paragraph 7.9 above, staff employed wholly in connection with that asset would likewise have a right of transfer of employment to the college.
7.18 The Government intends that pay and conditions within the new sector should be settled through negotiation between employer and employee, subject to protection for the taxpayer's interest in the cost of any pay offers made nationally. The Government believes that there should be the maximum freedom for institutions to set pay in response to their own needs and circumstances, whatever negotiating arrangements are judged, after discussion, to be appropriate. The detailed arrangements for the negotiations will need to be considered by the institutions concerned, with the staff interests and with Government.
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8 QUALITY ASSURANCE
8.1 The Government attaches great importance to systems which will ensure the quality of education and training provided by the colleges. Responsibilities for monitoring and assessing quality in the new sector need to be defined clearly.
8.2 At present there are three levels of quality assurance in further education:
colleges have primary responsibility for quality control. Most already have mechanisms for assessing the quality of the education and training they provide. Performance indicators related to quality are being developed as part of college management information systems. Colleges need effective systems to improve their quality and contribute to their own efficiency and effectiveness. It would be premature to advocate any one framework, but a number of systems are being explored by colleges including BS5750, Total Quality Management (TQM) and Strategic Quality Management (SQM). Colleges will be expected to provide information to the Councils about the quality assurance systems they have in place;
examining and validating bodies are responsible for guaranteeing the quality of the qualifications offered in colleges. These include the City and Guilds of London Institute, the Business & Technician Education Council, the Royal Society of Arts, a wide range of professional bodies and the GCE Boards offering A level and AS exams. The number and level of qualifications achieved offer one measure of a college's performance;
external assessors are responsible for making an independent judgement of the quality of teaching and learning in colleges, and for offering advice. The two main sources of this external assessment at present are Her Majesty's Inspectorate and the LEA advisers.
8.3 The quality assurance responsibilities of colleges and validating bodies will be unchanged by the new arrangements. But the role of external assessment will inevitably be different, in two respects:
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- the Councils will have responsibility for:
a) ensuring that quality systems in general form a satisfactory basis for the funding being provided: responsibility for quality flows from responsibility for finance; and
b) making specific financial allocation decisions which should be informed by quality judgements.
- LEAs will no longer have a role.
8.4 The Government therefore intends to place a duty on the Councils to secure advice on the quality of what is provided by institutions in the new sector. For the immediate future the main source of that advice is likely to be Her Majesty's Inspectorate. The Government expects that, over time, these arrangements will evolve as the sector evolves. The development of other sources of quality advice in the further education sector is not ruled out.
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9 CONCLUSION
9.1 Volume Two has outlined the Government's proposals for the future of further education and sixth form colleges. The changes will give the colleges greater freedom to determine how to respond to the country's education and training needs. They will enable the colleges to raise participation and to boost achievement.
9.2 The proposals described here will form the basis for the legislation which the Government intends to introduce. The Department of Education and Science and the Welsh Office will take account of the views of interested parties on these proposals in preparing the legislation. Comments should be sent to Mr M Bell, Room 7/1, Department of Education and Science, Elizabeth House, York Road, London SEI 7PH or Mr D J Baglow, Welsh Office Education Department, Phase II, Inland Revenue Building, Ty Glas Road, Llanishen, Cardiff CF4 5PL by Friday 12 July 1991.