Session 2016-17
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Other Bills before Parliament


 
 

1

 

House of Commons

 
 

Thursday 1 December 2016

 

Public Bill Committee

 

New Amendments handed in are marked thus Parliamentary Star

 

Parliamentary Star - whiteAmendments which will comply with the required notice period at their next appearance

 

Technical and Further Education Bill


 

Note

 

This document includes all amendments remaining before the Committee and

 

includes any withdrawn amendments at the end. The amendments have been

 

arranged in accordance with the Order of the Committee [22 November 2016].

 


 

Gordon Marsden

 

Mike Kane

 

1

 

Clause  14,  page  8,  line  4,  at end insert—

 

“(3)    

Before an education administrator may perform functions specified in subsection

 

(2), they must ensure an appropriate assessment is made and published of the

 

impact of performing such functions, including, but not restricted, to—

 

(a)    

the impact on the quality of education provided to existing students of the

 

further education body;

 

(b)    

the capacity of another body or institution to undertake any additional

 

functions or provide education to additional students;

 

(c)    

the infrastructure of the local area, in particular transport;

 

(d)    

any impact on the travel arrangements of students to another body or

 

institution; and,

 

(e)    

any financial impact on those students or any such impact on their travel

 

arrangements, and what measures need to be taken to mitigate them.

 

(4)    

The Secretary of State shall make regulations to specify suitable bodies for

 

making the assessments at subsection (3).”

 

Member’s explanatory statement

 

This amendment would ensure that an appropriate assessment is made of any potential impacts on

 

students and their education, if an education administrator puts a further education body into

 

“special administration” and takes action such as transferring students to another institution or

 

keeps an insolvent institution open for existing students. This amendment would also require the

 

Secretary of State to specify suitable bodies to perform such assessments.


 
 

Public Bill Committee: 1 December 2016                  

2

 

Technical and Further Education Bill, continued

 
 

Gordon Marsden

 

Mike Kane

 

2

 

Clause  14,  page  8,  line  4,  at end insert—

 

“(3)    

The education administrator shall not make any decisions required by subsection

 

(2) without consulting—

 

(a)    

existing students of the further education body;

 

(b)    

existing staff of the further education body

 

(c)    

all recognised trade unions at the further education body.”

 

Member’s explanatory statement

 

This amendment would ensure that all relevant stakeholders are fully consulted about decisions

 

taken by the education administrator in respect of the future of the further education institution.

 


 

Gordon Marsden

 

Mike Kane

 

34

 

Clause  15,  page  8,  line  11,  at end insert “and has relevant experience and

 

knowledge of the further education sector.”

 

Member’s explanatory statement

 

To ensure that the education administrator has experience and knowledge of the further education

 

sector so that decisions made are not exclusively in the context of insolvency and takes into account

 

the needs of students.

 


 

Gordon Marsden

 

Mike Kane

 

3

 

Clause  22,  page  10,  line  6,  leave out “for the” and insert “with the primary”

 

Member’s explanatory statement

 

This amendment would ensure that the primary concern of the education administrator is the

 

special education administration objective, that is minimising disruption to learners.

 

Gordon Marsden

 

Mike Kane

 

4

 

Clause  22,  page  10,  line  7,  leave out “(if possible)”

 

Member’s explanatory statement

 

This amendment would ensure that the primary concern of the education administrator is the

 

special education administration objective, that is minimising disruption to learners.

 

Gordon Marsden

 

Mike Kane

 

5

 

Clause  22,  page  10,  line  7,  at end insert—

 

“(2A)    

The education administrator may, in performing his or her functions for the

 

purpose of achieving the objective of the education administration, request


 
 

Public Bill Committee: 1 December 2016                  

3

 

Technical and Further Education Bill, continued

 
 

information, advice or guidance from practitioners with an understanding of

 

education regarding the management of a further education body.”

 

Member’s explanatory statement

 

This amendment would allow an education administrator who, under the eligibility outlined in

 

clause 15, might not necessarily be an education specialist to supplement his or her knowledge.

 

Gordon Marsden

 

Mike Kane

 

6

 

Clause  22,  page  10,  line  10,  leave out “have special educational needs” and

 

insert—

 

“(a)    

have special educational needs;

 

(b)    

are care leavers;

 

(c)    

are parents;

 

(d)    

are carers, carers of children, or young carers, as defined by the Care Act

 

2014; and,

 

(e)    

have other particular needs that may be determined by the appropriate

 

national authority.”

 

Member’s explanatory statement

 

This amendment would make provisions for the particular needs of additional groups of existing

 

students to be considered by an education administrator in pursuing the objective of an education

 

administration.

 


 

Gordon Marsden

 

Mike Kane

 

7

 

Clause  23,  page  10,  line  31,  at end insert—

 

“(2)    

The education administrator may not transfer assets of any further education body

 

to a private company where he or she considers that more than half of the funding

 

of the acquisition of the asset came from public funds.”

 

Member’s explanatory statement

 

This amendment would ensure further education bodies with a track record of accruing assets

 

publicly, could not be transferred to a private company.

 


 

Robert Halfon

 

20

 

Schedule  3,  page  33,  line  4,  leave out “and”

 

Member’s explanatory statement

 

This amendment and amendment 21 are intended to make it clear that, where the context requires,

 

a reference to the director of a company in the insolvency legislation applied by Schedule 3 can be

 

read as a reference to a person who is a member of the further education body or the principal of

 

the relevant institution rather than both. The purpose of amendments 22 and 23, which relate to

 

references to an officer of a company, is similar.


 
 

Public Bill Committee: 1 December 2016                  

4

 

Technical and Further Education Bill, continued

 
 

Robert Halfon

 

21

 

Schedule  3,  page  33,  line  6,  at end insert “, or

  

(c) if the context requires,

 
  

both of the above.”

 
 

Member’s explanatory statement

 

See Member’s explanatory statement to amendment 20.

 

Robert Halfon

 

22

 

Schedule  3,  page  33,  line  14,  leave out “and”

 

Member’s explanatory statement

 

See Member’s explanatory statement to amendment 20.

 

Robert Halfon

 

23

 

Schedule  3,  page  33,  line  17,  at end insert “, or

  

(e) if the context requires,

 
  

all of the above.”

 
 

Member’s explanatory statement

 

See Member’s explanatory statement to amendment 20.

 

Robert Halfon

 

24

 

Schedule  3,  page  36,  line  10,  leave out “(3)” and “insert “(4)”

 

Member’s explanatory statement

 

This amendment corrects a cross-reference.

 

Robert Halfon

 

25

 

Schedule  3,  page  36,  line  34,  leave out “(3)” and “insert “(4)”

 

Member’s explanatory statement

 

This amendment corrects a cross-reference.

 


 

Robert Halfon

 

26

 

Schedule  4,  page  44,  line  6,  leave out “(4)” and “insert “(5)”

 

Member’s explanatory statement

 

This amendment corrects a cross-reference.


 
 

Public Bill Committee: 1 December 2016                  

5

 

Technical and Further Education Bill, continued

 
 

Robert Halfon

 

27

 

Schedule  4,  page  44,  line  32,  leave out “(3)” and “insert “(5)”

 

Member’s explanatory statement

 

This amendment corrects a cross-reference.

 


 

Gordon Marsden

 

Mike Kane

 

8

 

Clause  37,  page  18,  line  14,  at end insert—

 

“(1A)    

The Secretary of State must ensure the list of disqualified officers is made

 

publicly available.”

 

Member’s explanatory statement

 

This amendment would ensure that a list of disqualified officers was publicly available.

 


 

Robert Halfon

 

18

 

Clause  38,  page  18,  line  38,  leave out subsection (2)

 

Member’s explanatory statement

 

This amendment removes the restriction on the Secretary of State obtaining information for

 

purposes connected with the education of certain people aged under 25. The way that section 54

 

of the Further and Higher Education Act 1992 is currently framed allows that information to be

 

obtained so the amendment preserves this aspect of the current law.

 

Robert Halfon

 

19

 

Clause  38,  page  19,  line  9,  leave out “(4)” and insert “(3)”

 

Member’s explanatory statement

 

This amendment is consequential on amendment 18.

 


 

NEW CLAUSES

 

Kelvin Hopkins

 

NC1

 

To move the following Clause—

 

         

“Further education bodies: senior management

 

A further education body shall be required to include in its senior management

 

team a person or persons with professional financial qualifications having

 

specific responsibility for oversight of financial management in the body.”

 



 
 

Public Bill Committee: 1 December 2016                  

6

 

Technical and Further Education Bill, continued

 
 

Kelvin Hopkins

 

NC2

 

To move the following Clause—

 

         

“Further education bodies: governing bodies

 

A further education body shall seek to ensure that its governing body includes a

 

minimum of two members with professional financial qualifications.”

 


 

Gordon Marsden

 

NC3

 

To move the following Clause—

 

         

“Report on quality outcomes of completed apprenticeships

 

(1)    

The Institute for Apprenticeships and Technical Education shall report on an

 

annual basis to the Secretary of State on quality outcomes of completed

 

apprenticeships.

 

(2)    

The report under subsection (1) shall include information on—

 

(a)    

job outcomes of individuals who have completed an apprenticeship,

 

(b)    

average annualised earnings of individuals one year after completing an

 

apprenticeship,

 

(c)    

numbers of individuals who have completed an apprenticeship who

 

progress to higher stages of education,

 

(d)    

satisfaction rates of individuals who complete an apprenticeship on the

 

quality of that apprenticeship, and

 

(e)    

satisfaction rates of employers who hire individuals who complete an

 

apprenticeship with the outcome of that apprenticeship.

 

(3)    

The Secretary of State shall lay a copy of the report before Parliament.”

 

Member’s explanatory statement

 

This new clause would require the Secretary of State to report to Parliament annually on specified

 

quality outcomes of completed apprenticeships.

 


 

Tracy Brabin

 

NC4

 

To move the following Clause—

 

         

“Institute for Apprenticeships and Technical Education: duty to promote

 

awareness

 

(1)    

It shall be a duty of the Institute to promote awareness of—

 

(a)    

occupations, and

 

(b)    

steps by which people may become competent to work in occupations.


 
 

Public Bill Committee: 1 December 2016                  

7

 

Technical and Further Education Bill, continued

 
 

(2)    

In promoting awareness under subsection (1)(b), the Institute shall give due

 

weight to—

 

(a)    

apprenticeships, and

 

(b)    

technical education qualifications.”

 


 

Gordon Marsden

 

Mike Kane

 

NC5

 

To move the following Clause—

 

         

“The Institute: duty to consult

 

(1)    

The Institute shall consult on a regular basis on—

 

(a)    

the development and progress of standards and assessment plans, and

 

(b)    

the delivery of apprentice end point assessments.

 

(2)    

Consultation under subsection (1) shall be carried out with—

 

(a)    

further education bodies and provider organisations

 

(b)    

awarding bodies

 

(c)    

organisations representing employers, and

 

(d)    

organisations representing students and apprentices.”

 

 

Order of the House [14 November 2016]

 

That the following provisions shall apply to the Technical and Further Education Bill:

 

Committal

 

1.    

The Bill shall be committed to a Public Bill Committee.

 

Proceedings in Public Bill Committee

 

2.    

Proceedings in the Public Bill Committee shall (so far as not previously

 

concluded) be brought to a conclusion on Tuesday 6 December 2016.

 

3.    

The Public Bill Committee shall have leave to sit twice on the first day on

 

which it meets.

 

Proceedings on Consideration and up to and including Third Reading

 

4.    

Proceedings on Consideration and the proceedings in legislative grand

 

committee shall (so far as not previously concluded) be brought to a

 

conclusion one hour before the moment of interruption on the day on which

 

those proceedings are commenced.

 

5.    

Proceedings on Third Reading shall (so far as not previously concluded) be

 

brought to a conclusion at the moment of interruption on that day.

 

6.    

Standing Order No. 83B (Programming committees) shall not apply to

 

proceedings on Consideration and up to and including Third Reading.


 
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Revised 30 November 2016