Education Bill (HL Bill 108)

Education BillPage 150

with the YPLA to have effect as if they were the conditions of service
as a member of the Secretary of State’s staff;

(b) for the transfer to the Secretary of State 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
Secretary of State.

(3) 10The staff transfer scheme may provide for a period before the employee
became a member of the Secretary of State’s staff to count as a period during
which the employee was a member of the Secretary of State’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 Secretary of State’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 a 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 an employee of the YPLA to
become a member of the Secretary of State’s staff despite any provision, of
whatever nature, which would otherwise prevent the person from being
employed in the civil service of the state.

3 (1) 25This paragraph applies where a staff transfer scheme provides for the
transfer of an employee of the YPLA to a permitted transferee.

(2) The staff transfer scheme may provide—

(a) for the employee’s contract of employment to have effect (subject to
any necessary modifications)—

(i) 30as if originally made between the employee and the
permitted transferee, or

(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,
35duties and liabilities of the YPLA under or in connection with the
employee’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
40permitted transferee.

(3) The 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
45the continuity of that period).

(4) The 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.

Education BillPage 151

(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
scheme not to be so treated.

(6) The staff transfer scheme may provide for the transfer of an employee of the
5YPLA 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) The Secretary of State may make a scheme (a “property transfer scheme”)
providing for the transfer from the YPLA of designated property, rights or
10liabilities of the YPLA to—

(a) the Secretary of State, or

(b) a permitted transferee.

(2) A property transfer scheme may—

(a) create rights, or impose liabilities, in relation to property or rights
15transferred 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
scheme 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
20transferred;

(c) apportion property, rights and liabilities;

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

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

(a) property, rights and liabilities that could not otherwise be
25transferred;

(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
30does not affect the validity of anything done by or in relation to the YPLA
before the transfer takes effect.

Supplementary provision etc.

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

35Interpretation

7 In this Schedule—

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

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

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

Education BillPage 152

Section 69

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
5England)—

(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 10In 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”
15insert “or 83A”.

7 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”.

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

9 20In section 100(1) (power of Chief Executive to secure provision of financial
resources), omit paragraph (i).

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

11 In section 105 (promoting progression from level 2 to level 3
25apprenticeships), 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
includes a reference to a certificate or other evidence (including a
30certificate 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..

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

(aa) 35training falling within section 83A(1),.

13 (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
provision of, or in an instrument made under, this or any other Act..

(3) 40Omit subsection (4).

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

Education BillPage 153

(a) before paragraph (b) insert—

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

(b) omit paragraph (c).

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