House of Commons Amendments

Session 2010 - 12
Internet Publications
Other Bills before Parliament

1877

House of Commons

Notices of Amendments

given on

Thursday 5 May 2011

For other Amendment(s) see the following page(s) of Supplement to Votes:

1847-48, 1871-72 and 1875

Consideration of Bill

Education Bill, As Amended

John McDonnell

1

Page  64  [Schedule  3],  leave out lines 10 to 39 and insert ‘providing for designated

employees of the GTCE to become employees of the Secretary of State (and accordingly

to become employed in the civil service of the state) or other permitted transferee.

(1A)
Where a staff transfer scheme is made under subsection (1) the scheme must

provide for the Transfer of Undertakings (Protection of Employment)

Regulations 2006 to apply (to the extent that they would not otherwise apply) as

if—

(a)
any transfer of functions (however affected and described) to a permitted

transferee or the Crown were a transfer of an undertaking;

(b)
the transfer of the undertaking took effect on a designated date;

(c)
the transfer of the undertaking were a relevant transfer for the purposes

of the regulations; and

(d)
the employee had for those purposes been assigned to an organised

grouping of resources or employees that was subject to the relevant

transfer.

(2)
A staff transfer scheme may provide for the transfer of an employee to a permitted

transferee or so as to become employed in the civil service of the state despite any

provisions, of whatever nature, which would otherwise prevent the employee

from being so transferred.’.

John McDonnell

2

Page  65,  line  26  [Schedule  3],  at end insert—

‘“permitted transferee” means a person specified in an order made by the

Secretary of State;’.

John McDonnell

3

Page  74  [Schedule  6],  leave out lines 20 to 34 and insert ‘providing for designated

employees of the TDA to become employees of the Secretary of State (and accordingly

Notices of Amendments: 5 May 2011
1878

Education Bill, continued

to become employed in the civil service of the state) or other permitted transferee.

(1A)
Where a staff transfer scheme is made the scheme must provide for the Transfer

of Undertakings (Protection of Employment) Regulations 2006 to apply (to the

extent that they would not otherwise apply) as if—

(a)
any transfer of functions (however affected and described) to a permitted

transferee or the Crown were a transfer of an undertaking;

(b)
the transfer of the undertaking took effect on a designated date;

(c)
the transfer of the undertaking were a relevant transfer for the purposes

of the regulations; and

(d)
the employee had for those purposes been assigned to an organised

grouping of resources or employees that was subject to the relevant

transfer.

(2)
A staff transfer scheme may provide for the transfer of an employee to a permitted

transferee or so as to become employed in the civil service of the state despite any

provisions, of whatever nature, which would otherwise prevent the employee

from being so transferred.’.

John McDonnell

4

Page  75,  line  37  [Schedule  6],  at end insert—

‘“permitted transferee” means a person specified in an order made by the

Secretary of State;’.

John McDonnell

5

Page  81  [Schedule  9],  leave out lines 18 to 32 and insert ‘providing for designated

employees of the QCDA to become employees of the Secretary of State (and accordingly

to become employed in the civil service of the state) or Ofqual or other permitted

transferee.

(1A)
Where a staff transfer scheme is made the scheme must provide for the Transfer

of Undertakings (Protection of Employment) Regulations 2006 to apply (to the

extent that they would not otherwise apply) as if—

(a)
any transfer of functions (however affected and described) to a permitted

transferee or the Crown were a transfer of an undertaking;

(b)
the transfer of the undertaking took effect on a designated date;

(c)
the transfer of the undertaking were a relevant transfer for the purposes

of the regulations; and

(d)
the employee had for those purposes been assigned to an organised

grouping of resources or employees that was subject to the relevant

transfer.

(2)
A staff transfer scheme may provide for the transfer of an employee to Ofqual or

other permitted transferee or so as to become employed in the civil service of the

state despite any provisions, of whatever nature, which would otherwise prevent

the employee from being so transferred.’.

John McDonnell

6

Page  82,  line  37  [Schedule  9],  at end insert—

‘“permitted transferee” means a person specified in an order made by the

Secretary of State;’.

Notices of Amendments: 5 May 2011
1879

Education Bill, continued

John McDonnell

7

Page  118,  line  6  [Schedule  17],  leave out from beginning to end of line 23 on page

119 and insert ‘to become employees of the Secretary of State (and accordingly to become

employed in the civil service of the state) or other permitted transferee.

(2)
Where a staff transfer scheme is made the scheme must provide for the Transfer

of Undertakings (Protection of Employment) Regulations 2006 to apply (to the

extent that they would not otherwise apply) as if—

(a)
any transfer of functions (however affected and described) to a permitted

transferee or the Crown were a transfer of an undertaking;

(b)
the transfer of the undertaking took effect on a designated date;

(c)
the transfer of the undertaking were a relevant transfer for the purposes

of the regulations; and

(d)
the employee had for those purposes been assigned to an organised

grouping of resources or employees that was subject to the relevant

transfer.

(3)
A staff transfer scheme may provide for the transfer of an employee to a permitted

transferee or so as to become employed in the civil service of the state despite any

provisions, of whatever nature, which would otherwise prevent the employee

from being so transferred.’.



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