Education Bill (HL Bill 67)

(ii) as the conditions of service as a member of the permitted
transferee’s staff;

(b) for the transfer to the permitted transferee of the rights, powers,
duties and liabilities of the YPLA under or in connection with the
5employee’s contract of employment;

(c) for anything done (or having effect as if done) before that transfer by
or in relation to the YPLA in respect of such a contract or the
employee to be treated as having been done by or in relation to the
permitted transferee.

(3) 10The staff transfer scheme may provide for a period before the employee
became a member of the permitted transferee’s staff to count as a period
during which the employee was a member of the permitted transferee’s staff
(and for the operation of the scheme not to be treated as having interrupted
the continuity of that period).

(4) 15The staff transfer scheme may provide for the employee not to become a
member of the permitted transferee’s staff if the employee gives notice
objecting to the operation of the scheme in relation to the employee.

(5) The staff transfer scheme may provide for any person who would be treated
(by an enactment or otherwise) as being dismissed by the operation of the
20scheme not to be so treated.

(6) The staff transfer scheme may provide for the transfer of an employee of the
YPLA to a permitted transferee despite any provision, of whatever nature,
which would otherwise prevent the employee from being so transferred.

Property transfer schemes

4 (1) 25The Secretary of State may make a scheme (a “property transfer scheme”)
providing for the transfer from the YPLA of designated property, rights or
liabilities of the YPLA to—

(a) the Secretary of State, or

(b) a permitted transferee.

(2) 30A property transfer scheme may—

(a) create rights, or impose liabilities, in relation to property or rights
transferred by virtue of the scheme;

(b) provide for anything done by or in relation to the YPLA in
connection with any property, rights or liabilities transferred by the
35scheme to be treated as done, or to be continued, by or in relation to
the person to whom the property, rights or liabilities in question are
transferred;

(c) apportion property, rights and liabilities;

(d) make provision about the continuation of legal proceedings.

(3) 40The things that may be transferred by a property transfer scheme include—

(a) property, rights and liabilities that could not otherwise be
transferred;

(b) property acquired, and rights and liabilities arising, after the making
of the scheme.

Continuity

5 A transfer by virtue of a staff transfer scheme or a property transfer scheme
does not affect the validity of anything done by or in relation to the YPLA
before the transfer takes effect.

5Supplementary provision etc.

6 A staff transfer scheme or a property transfer scheme may include
supplementary, incidental, transitional and consequential provision.

Interpretation

7 In this Schedule—

• 10“designated”, in relation to a staff transfer scheme or a property transfer
  scheme, means specified in, or determined in accordance with, the
  scheme;

• “permitted transferee” means a person specified in an order made by
  the Secretary of State;

• 15“the YPLA” means the Young People’s Learning Agency for England.

Section 67

SCHEDULE 18 The apprenticeship offer: consequential amendments

1 ASCLA 2009 is amended as follows.

2 In section 27(1) (contents of specification of apprenticeship standards for
20England)—

(a) after paragraph (a) insert “and”;

(b) omit paragraph (c) and the “and” immediately before it.

3 In section 36(5) (power to apply provisions with modifications in application
to Crown servants etc), omit “, or any of sections 91 to 99,”.

4 25In section 82(5) (meaning of Chief Executive’s “apprenticeship functions”),
omit paragraph (d).

5 In section 83, for the heading substitute “Power to secure provision of
apprenticeship training”.

6 In section 84(1) (arrangements with local authorities), after “section 83”
30insert “or 83A”.

7 In section 85 (encouragement of training provision etc for persons within
section 83)—

(a) in subsection (1)(a), after “section 83(1)(a) or (b)” insert “or 83A(4), (5)
or (6)”;

(b) 35in the heading, after “section 83” insert “or 83A”.

8 In section 86 (education and training for persons aged 19 or over or subject
to adult detention), in subsection (2), after “that section” insert “83A or”.

9 Sections 91 to 99 (functions of the Chief Executive of Skills Funding: the
apprenticeship offer) are repealed.

10 In section 100(1) (power of Chief Executive to secure provision of financial
resources), omit paragraph (i).

11 Section 104 (assistance and support in relation to apprenticeship places) is
repealed.

12 5In section 105 (promoting progression from level 2 to level 3
apprenticeships), for subsection (5) substitute—

“(5) In this section “apprenticeship certificate” means an apprenticeship
certificate issued under section 3 or 4.

(6) A reference in this section to an apprenticeship certificate at any level
10includes a reference to a certificate or other evidence (including a
certificate awarded or evidence provided by a person outside
England) which appears to the Chief Executive to be evidence of
experience and attainment at a comparable or higher level.”.

13 In section 121(3) (interpretation of Part 4: training within the Chief
15Executive’s remit), after paragraph (a) insert—

“(aa) training falling within section 83A(1),”.

14 (1) Section 262 (orders and regulations) is amended as follows.

(2) After subsection (3) insert—

“(3A) An order under section 83A(12) may amend, repeal or revoke any
20provision of, or in an instrument made under, this or any other Act.”.

(3) Omit subsection (4).

(4) In subsection (6) (orders and regulations subject to affirmative resolution)—

(a) before paragraph (b) insert—

“(ab) an order under section 83A(12);”;

(b) 25omit paragraph (c).

15 In section 269 (commencement), omit subsection (5).