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Consideration of Bill: 14 May 2014                     

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Deregulation Bill, continued

 
 

nEW cLAUSES AND NEW SCHEDULES RELATING TO APPRENTICESHIPS AND

 

AMENDMENTS TO CLAUSEs 3 AND 4 AND SCHEDULES 1 and 13

 

English apprenticeships: disclosure of information

 

Tom Brake

 

Oliver Heald

 

NC1

 

To move the following Clause:—

 

‘(1)    

The Commissioners may disclose information held by them to the Secretary of

 

State, or to a person providing services to the Secretary of State, for the purpose

 

of the Secretary of State’s functions in relation to approved English

 

apprenticeships.

5

(2)    

The Secretary of State, or a person providing services to the Secretary of State,

 

may disclose information to the Commissioners, or to a person providing services

 

to them, for the purpose of arrangements made under section 4(1) or for the

 

purpose of requesting the Commissioners to disclose information under

 

subsection (1) of this section.

10

(3)    

Information disclosed under subsection (1) may not be disclosed by the recipient

 

of the information to any other person without the consent of the Commissioners.

 

(4)    

If a person discloses, in contravention of subsection (3), any revenue and customs

 

information relating to a person whose identity—

 

(a)    

is specified in the disclosure, or

15

(b)    

can be deduced from it,

 

    

section 19 of the Commissioners for Revenue and Customs Act 2005 (wrongful

 

disclosure) applies in relation to that disclosure as it applies in relation to a

 

disclosure of such information in contravention of section 20(9) of that Act.

 

(5)    

In this section—

20

“approved English apprenticeship” has the same meaning as in Chapter A1

 

of the Apprenticeships, Skills, Children and Learning Act 2009 (see

 

Schedule 1);

 

“revenue and customs information relating to a person” has the same

 

meaning as in section 19 of the Commissioners for Revenue and Customs

25

Act 2005 (see section 19(2) of that Act).’.

 

Member’s explanatory statement

 

This amendment, with amendment 10, replaces clause 4(5) to (8) with a new clause to authorise

 

the sharing of information relating to approved English apprenticeships. The Secretary of State

 

and HMRC may share such information with each other and with each other‘s service providers

 

(if any).

 

As an Amendment to Tom Brake’s proposed New Clause (NC1) (English

 

apprenticeships: disclosure of information)

 

Chi Onwurah

 

Toby Perkins

 

Kelvin Hopkins

 

(a)

 

Line  18,  at end insert—

 

‘(4A)    

The Secretary of State shall, within six months of this section coming into force,

 

lay a Report before both Houses of Parliament setting out—

 
 

Consideration of Bill: 14 May 2014                     

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Deregulation Bill, continued

 
 

(a)    

what information has been shared or is intended to be shared by virtue of

 

this section,

 

(b)    

by what process the Commissioners and Secretary of State agreed on the

 

information to be shared,

 

(c)    

which departments and agencies will have access to that information and

 

for what purpose,

 

(d)    

whether some or all of that information was shared or will be shared in

 

anonymised form,

 

(e)    

whether that information included or will include—

 

(i)    

confidential information, or

 

(ii)    

personal data (including sensitive personal data) as defined in the

 

Data Protection Act 1998, and

 

(f)    

how the provisions of this section fit with the Government’s data sharing

 

strategy.’.

 

 

Tom Brake

 

Oliver Heald

 

5

 

Clause  3,  page  2,  line  22,  at end insert—

 

‘( )    

Part 4 of the Schedule contains transitional provision.’.

 

Member’s explanatory statement

 

This amendment is consequential on amendment 35.

 

 

Tom Brake

 

Oliver Heald

 

6

 

Clause  4,  page  2,  line  26,  leave out from ‘of’ to end of line 28 and insert

 

‘apprenticeship payments.

 

( )    

“Apprenticeship payments” are payments that may be made by the Secretary of

 

State to any person—

 

(a)    

for the purpose of encouraging the provision of opportunities for

 

individuals to complete approved English apprenticeships or to

 

undertake work following the completion of such apprenticeships, or

 

(b)    

otherwise in connection with approved English apprenticeships.’.

 

Member’s explanatory statement

 

This amendment is to ensure that the Secretary of State may make arrangements with HMRC for

 

HMRC to administer payments that may be made by the Secretary of State to any person in

 

connection with approved English apprenticeships.

 

Tom Brake

 

Oliver Heald

 

7

 

Clause  4,  page  2,  line  28,  at end insert—

 

‘( )    

The arrangements that may be made under subsection (1) include arrangements

 

under which the Commissioners are responsible for recovery where an

 
 

Consideration of Bill: 14 May 2014                     

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Deregulation Bill, continued

 
 

apprenticeship payment is made but the whole or any part of it is (for whatever

 

reason) recoverable by the Secretary of State.’.

 

Member’s explanatory statement

 

This amendment clarifies, for the avoidance of doubt, that arrangements made under clause 4(1)

 

may include responsibility for HMRC to recover any apprenticeship payments which are

 

recoverable by the Secretary of State.

 

Tom Brake

 

Oliver Heald

 

8

 

Clause  4,  page  2,  line  33,  leave out ‘employers’ and insert ‘persons of a description

 

specified in the regulations’.

 

Member’s explanatory statement

 

This amendment is consequential on amendment 6.

 

Tom Brake

 

Oliver Heald

 

9

 

Clause  4,  page  2,  line  38,  leave out from ‘with’ to end of line 39 and insert

 

‘approved English apprenticeships’.

 

Member’s explanatory statement

 

This amendment is consequential on amendment 6.

 

Tom Brake

 

Oliver Heald

 

74

 

Clause  4,  page  2,  line  39,  at end insert—

 

‘( )    

The regulations may, in particular, also provide that, where the Commissioners

 

are responsible for recovering the whole or any part of an apprenticeship payment

 

from a person of a description specified in the regulations, they may do so by

 

deducting the amount from any payments that they would otherwise be required

 

to make to that person and that are of a kind specified in the regulations.’.

 

Member’s explanatory statement

 

This amendment ensures that, for the purposes of arrangements under clause 4(1), HMRC may

 

make regulations to enable them to recover apprenticeship payments from persons, who will be

 

described in the regulations, by making deductions from payments that HMRC would otherwise

 

have to make.

 

Tom Brake

 

Oliver Heald

 

10

 

Clause  4,  page  3,  line  1,  leave out subsections (5) to (8).

 

Member’s explanatory statement

 

This amendment is consequential on amendment NC1.

 

Tom Brake

 

Oliver Heald

 

11

 

Clause  4,  page  3,  leave out lines 27 to 29.

 

Member’s explanatory statement

 

This amendment is consequential on amendment NC1.

 

 
 

Consideration of Bill: 14 May 2014                     

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Deregulation Bill, continued

 
 

Tom Brake

 

Oliver Heald

 

27

 

Schedule  1,  page  53,  line  9,  leave out ‘prepare and’.

 

Member’s explanatory statement

 

This amendment removes the requirement that the Secretary of State must prepare apprenticeship

 

standards. It is related to amendment 28.

 

Tom Brake

 

Oliver Heald

 

28

 

Schedule  1,  page  53,  line  11,  at end insert—

 

‘( )    

Each standard must be—

 

(a)    

prepared by the Secretary of State, or

 

(b)    

prepared by another person and approved by the Secretary of State.’.

 

Member’s explanatory statement

 

This amendment allows for any person, including employers, to prepare apprenticeship standards

 

(as well as the Secretary of State). A standard must be approved by the Secretary of State if it is

 

prepared by another person.

 

Tom Brake

 

Oliver Heald

 

29

 

Schedule  1,  page  53,  line  19,  leave out from ‘State’ to end of line 24 and insert

 

‘may—

 

(a)    

publish a revised version of a standard, or

 

(b)    

withdraw a standard (with or without publishing another in its place).’.

 

Member’s explanatory statement

 

This amendment, which is related to amendment 30, allows for the Secretary of State to publish an

 

amended version of a standard or to withdraw a standard (with or without publishing another

 

one).

 

Tom Brake

 

Oliver Heald

 

30

 

Schedule  1,  page  53,  line  24,  at end insert—

 

‘( )    

Revisions of a standard may be—

 

(a)    

prepared by the Secretary of State, or

 

(b)    

prepared by another person and approved by the Secretary of State.’.

 

Member’s explanatory statement

 

This amendment allows for any person, including employers, to prepare revisions of

 

apprenticeship standards (as well as the Secretary of State). A standard must be approved by the

 

Secretary of State if it is prepared by another person.

 

Tom Brake

 

Oliver Heald

 

31

 

Schedule  1,  page  53,  leave out lines 25 to 27.

 

Member’s explanatory statement

 

This amendment removes the express provision for employers or their representatives to make

 

proposals to the Secretary of State about standards. This is considered unnecessary in the light of

 

amendments 28 and 30 which allow for an enhanced role for employers and other persons.

 
 

Consideration of Bill: 14 May 2014                     

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Deregulation Bill, continued

 
 

Tom Brake

 

Oliver Heald

 

32

 

Schedule  1,  page  55,  line  25,  at end insert—

 

‘1A(1)  

Section 100 of the Apprenticeships, Skills, Children and Learning Act 2009

 

(provision of financial resources) is amended as follows.

 

      (2)  

In subsection (1), after “financial resources” insert “under this subsection”.

 

      (3)  

After subsection (1) insert—

 

“(1A)    

The Secretary of State may secure the provision of financial resources

 

to any person under this subsection (whether or not the resources could

 

be secured under subsection (1))—

 

(a)    

for the purpose of encouraging the provision of opportunities

 

for individuals to complete approved English apprenticeships

 

or to undertake work following the completion of such

 

apprenticeships, or

 

(b)    

otherwise in connection with approved English

 

apprenticeships.”

 

      (4)  

In subsection (3), after “subsection (1)” insert “or (1A)”.

 

      (5)  

In subsection (4), after “subsection (1)(c)” insert “or (1A)”.

 

1B  (1)  

Section 101of that Act (financial resources: conditions) is amended as follows.

 

      (2)  

In subsection (2)—

 

(a)    

after “may” insert “(among other things)”;

 

(b)    

omit paragraph (b).

 

      (3)  

Omit subsections (4) and (5).

 

1C         

In section 103 of that Act (means tests), in subsection (1) (as amended by

 

paragraph 13C of Schedule 13) after “section 100(1)(c), (d) or (e)” insert “or

 

(1A)”.’.

 

Member’s explanatory statement

 

This amendment is to ensure that the Secretary of State may make payments relating to approved

 

English apprenticeships under section 100 of the Apprenticeships, Skills, Children and Learning

 

Act 2009 (provision of financial resources). It makes consequential changes to sections 100, 101

 

and 103 of that Act.

 

Tom Brake

 

Oliver Heald

 

33

 

Schedule  1,  page  56,  line  17,  leave out ‘employment’ and insert ‘service’.

 

Member’s explanatory statement

 

This amendment, together with amendment 34, is to clarify that “apprenticeship training” in

 

section 83 of the Apprenticeships, Skills, Children and Learning Act 2009 includes training

 

provided in connection with any contract of service or contract of apprenticeship.

 

Tom Brake

 

Oliver Heald

 

34

 

Schedule  1,  page  56,  line  18,  after ‘agreement)’ insert ‘or contract of

 

apprenticeship’.

 

Member’s explanatory statement

 

See amendment 33.

 
 

Consideration of Bill: 14 May 2014                     

2205

 

Deregulation Bill, continued

 
 

Tom Brake

 

Oliver Heald

 

35

 

Schedule  1,  page  57,  line  38,  at end insert—

 

‘Part 4

 

Transitional provision

 

            

The provision that may be included in an order under section 77(7) in

 

connection with the coming into force of paragraph 1 of this Schedule includes

 

provision—

 

(a)    

for work done by a person under an arrangement described in the order

 

to be treated as work done under an approved English apprenticeship

 

within the meaning of the Apprenticeships, Skills, Children and

 

Learning Act 2009, where the person begins to work under the

 

arrangement before the paragraph comes into force and continues to

 

do so (for any period) afterwards;

 

(b)    

for a standard published by the Secretary of State before the paragraph

 

comes into force, in connection with work that by virtue of provision

 

made under paragraph (a) is treated as work done under an approved

 

English apprenticeship, to be treated as if it were an approved

 

apprenticeship standard published under section A2 of the 2009 Act in

 

relation to the approved English apprenticeship.’.

 

Member’s explanatory statement

 

This amendment provides that the Secretary of State may by order make certain transitional

 

provision, in particular, provision for work to be treated as if it were done under an approved

 

English apprenticeship where the work was done under other specified arrangements before

 

paragraph 1 of Schedule 1 comes into force.

 

 

Tom Brake

 

Oliver Heald

 

55

 

Schedule  13,  page  142,  line  14,  leave out paragraph 8 and insert—

 

‘8         

Omit section 85 (provision of apprenticeship training etc for persons within

 

section 83 or 83A).’.

 

Member’s explanatory statement

 

This amendment repeals section 85 of the Apprenticeships, Skills, Children and Learning Act 2009

 

(which imposes a duty on the Chief Executive of Skills Funding to make reasonable efforts to

 

secure employer participation in certain apprenticeship training) instead of transferring the duty

 

to the Secretary of State.

 

Tom Brake

 

Oliver Heald

 

56

 

Schedule  13,  page  142,  line  40,  leave out paragraph 13 and insert—

 

‘13(1)  

Section 100 (provision of financial resources) is amended as follows.

 

      (2)  

In subsection (1)—

 

(a)    

in the opening words, for “Chief Executive” substitute “Secretary of

 

State”;

 

(b)    

in paragraph (a), for “Chief Executive’s remit” substitute “Secretary

 

of State’s remit under this Part”;

 
 

Consideration of Bill: 14 May 2014                     

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Deregulation Bill, continued

 
 

(c)    

omit paragraph (f).

 

      (3)  

Omit subsection (2).

 

      (4)  

In subsection (3)—

 

(a)    

in the opening words, for “Chief Executive” substitute “Secretary of

 

State”;

 

(b)    

in paragraph (c), for “Chief Executive” substitute “Secretary of State”.

 

      (5)  

In subsection (4), for “Chief Executive” substitute “Secretary of State”.

 

13A(1)  

Section 101 (financial resources: conditions) is amended as follows.

 

      (2)  

In subsection (1), for “by the Chief Executive” substitute “by the Secretary of

 

State under section 100”.

 

      (3)  

In subsection (3)—

 

(a)    

in paragraph (a), for “Chief Executive” (in each place where it occurs)

 

substitute “Secretary of State”;

 

(b)    

in paragraph (b)—

 

(i)    

for “Chief Executive” (in each place where it occurs)

 

substitute “Secretary of State”;

 

(ii)    

for “the functions of the office” substitute “functions under

 

this Part”.

 

      (4)  

In subsection (6)—

 

(a)    

in paragraph (a), for “Chief Executive” (in each place where it occurs)

 

substitute “Secretary of State”;

 

(b)    

in paragraph (b), for “Chief Executive” substitute “Secretary of State”.

 

13B(1)  

Section 102 (performance assessments) is amended as follows.

 

      (2)  

In subsection (1)—

 

(a)    

for “Chief Executive” substitute “Secretary of State”;

 

(b)    

for “Chief Executive’s remit” substitute “Secretary of State’s remit

 

under this Part”.

 

      (3)  

In subsection (2), for “Chief Executive” substitute “Secretary of State”.

 

13C(1)  

Section 103 (means tests) is amended as follows.

 

      (2)  

In subsection (1), for “The Chief Executive” substitute “For the purpose of the

 

exercise of the powers under section 100(1)(c), (d) or (e), the Secretary of

 

State”.

 

      (3)  

Omit subsection (2).’.

 

Member’s explanatory statement

 

This amendment transfers the funding powers of the Chief Executive of Skills Funding under

 

sections 100 to 103 of the Apprenticeships, Skills, Children and Learning Act 2009 to the Secretary

 

of State.

 

 
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