Session 2016-17
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Other Bills before Parliament


 
 

1

 

House of Commons

 
 

Notices of Amendments

 

given up to and including

 

Thursday 24 November 2016

 

New Amendments handed in are marked thus Parliamentary Star

 

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

 

Amendments tabled since the last publication: 18-27

 

Public Bill Committee


 

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includes any withdrawn amendments at the end.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

 

12

 

Schedule  1,  page  23,  line  6,  at end insert—

 

  “(4A)  

The Institute must, in approving the group of persons specified in subsection

 

(3), have regard to the desirability of the group’s members between them

 

having experience of—

 

(a)    

representing or promoting the interests of individual students and

 

apprentices, or students and apprentices generally;

 

(b)    

providing technical and further education;

 

(c)    

providing apprenticeships;

 

(d)    

at least one relevant trade union official;

 

(e)    

employing those who have completed technical and further education

 

courses or apprenticeships; and


 
 

Notices of Amendments: 24 November 2016                  

2

 

Technical and Further Education Bill, continued

 
 

(f)    

any additional knowledge or profession that the Institute considers

 

relevant.”

 

Member’s explanatory statement

 

This amendment would ensure that the groups formed to set standards for the “routes” in technical

 

and further education have relevant experience and include students in the process.

 

Gordon Marsden

 

Mike Kane

 

13

 

Schedule  1,  page  23,  line  20,  at end insert—

 

“(c)    

information about matters that it takes into account when deciding

 

whether or not to convene a group of persons to prepare a standard for

 

the purposes of subsection (6).”

 

Member’s explanatory statement

 

This amendment would require the Institute to publish information about its reasons for convening,

 

or choosing not to convene, a group of persons to prepare a standard for an occupation.

 

Gordon Marsden

 

Mike Kane

 

14

 

Schedule  1,  page  24,  line  6,  leave out “as it considers appropriate”

 

Member’s explanatory statement

 

This amendment would require the Institute to publish apprenticeship assessment plans for all

 

standards.

 

Gordon Marsden

 

Mike Kane

 

15

 

Schedule  1,  page  24,  line  20,  at end insert “and must include the following

 

representatives—

 

(a)    

a number of employers which, taken together, comprise a broad range

 

of employer within the given occupation;

 

(b)    

at least one relevant trade union official;

 

(c)    

at least one person engaged in delivering relevant education at the

 

level of the standard being assessed; and

 

(d)    

at least one person who can represent or promote the interests of

 

students.”

 

Member’s explanatory statement

 

This amendment would ensure that groups developing apprenticeship assessment plans include

 

adequate representation of all relevant stakeholders.

 

Gordon Marsden

 

Mike Kane

 

16

 

Schedule  1,  page  24,  line  37,  at end insert—

 

“(c)    

information about matters that it takes into account when deciding

 

whether or not to convene a group of persons to prepare an

 

apprenticeship assessment plan for the purposes of subsection (9)”

 

Member’s explanatory statement

 

This amendment ensures the Institute must publish information about its reasons for convening, or

 

choosing not to convene, a group of persons to prepare an apprenticeship assessment plan in

 

respect of a standard.


 
 

Notices of Amendments: 24 November 2016                  

3

 

Technical and Further Education Bill, continued

 
 

Gordon Marsden

 

Mike Kane

 

17

 

Schedule  1,  page  29,  line  34,  at end insert—

 

  “(1A)  

In paragraph 2(1) of (membership of the Institute), after subparagraph (c)

 

insert—

 

“(d)    

but at least one of the members appointed under paragraph

 

2(1)(c) must have recent experience of undertaking an

 

apprenticeship, or of representing or promoting the

 

interests of apprentices; and

 

(e)    

at least one of the members appointed under paragraph

 

2(1)(c) must have recent experience of undertaking a

 

technical and further education course, or of representing

 

or promoting the interests of students undertaking a

 

technical and further education course.””

 

Member’s explanatory statement

 

This amendment would ensure that apprentices and learners are represented on the board of the

 

Institute for Apprenticeships and Technical Education.

 


 

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.


 
 

Notices of Amendments: 24 November 2016                  

4

 

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

 

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

 

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;


 
 

Notices of Amendments: 24 November 2016                  

5

 

Technical and Further Education Bill, continued

 
 

(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

 

Parliamentary Star    

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.

 

Robert Halfon

 

21

 

Parliamentary Star    

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

 

Parliamentary Star    

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

 

Member’s explanatory statement

 

See Member’s explanatory statement to amendment 20.


 
 

Notices of Amendments: 24 November 2016                  

6

 

Technical and Further Education Bill, continued

 
 

Robert Halfon

 

23

 

Parliamentary Star    

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

 

Parliamentary Star    

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

 

Parliamentary Star    

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

 

Parliamentary Star    

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

 

Member’s explanatory statement

 

This amendment corrects a cross-reference.

 

Robert Halfon

 

27

 

Parliamentary Star    

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.

 



 
 

Notices of Amendments: 24 November 2016                  

7

 

Technical and Further Education Bill, continued

 
 

Robert Halfon

 

18

 

Parliamentary Star    

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

 

Parliamentary Star    

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

 

Parliamentary Star - white    

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.”

 


 

Kelvin Hopkins

 

NC2

 

Parliamentary Star - white    

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

 

Parliamentary Star - white    

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.


 
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Revised 24 November 2016