S.C.F.
NOTICES OF AMENDMENTS
given up to and including
Tuesday 18th April 2000
New Amendments handed in are marked thus *
STANDING COMMITTEE F
LEARNING AND SKILLS BILL [LORDS]
NOTE
The Amendments have been arranged in accordance with the Order of the Committee [11th April], as follows:
Clause 1; Schedule 1; Clauses 2 to 19; Schedule 2; Clauses 20 to 26; Schedule 3; Clauses 27 to 29; new Clauses relating to Part I; Clause 30; Schedule 4; Clauses 31 to 46; Schedule 5; Clauses 47 to 49; new Clauses relating to Part II; Clause 50; Schedule 6; Clauses 51 to 69; new Clauses relating to Part III; Clauses 70 to 83; new Clauses relating to Part IV; Clauses 84 to 102; Schedule 7; Clauses 103 to 118; Schedule 8; Clause 119; Schedule 9; Clauses 120 and 121; Schedule 10; Clauses 122 to 124; remaining new Clauses; new Schedules.
Mr Tim Boswell
Mr James Clappison
54
Clause 3, page 2, line 33, leave out 'reasonable'.
Mr Tim Boswell
Mr James Clappison
76
Clause 3, page 2, line 35, after second 'education', insert 'as defined in the Further and Higher Education Act 1992'.
Mr Phil Willis
Mr Richard Allan
Mr Tim Boswell
Mr James Clappison
21
Clause 3, page 2, line 36, leave out '19' and insert '25'.
Mr Phil Willis
Mr Richard Allan
98
Clause 3, page 2, line 37, at end insert—
'(ba) development of skills of such persons in employment'.
Mr Tim Boswell
Mr James Clappison
55
Clause 3, page 2, line 43, leave out 'reasonably'.
Mr Tim Boswell
Mr James Clappison
56
Clause 3, page 3, line 4, at end insert—
'(ab) take account of the reasonable convenience of learners and the likely impact on their motivation to learn;'.
Mr Tim Boswell
Mr James Clappison
58
Clause 3, page 3, line 12, at end insert—
'(f) have regard to the special needs and characteristics of the institutions designated under section 28 of the Further and Higher Education Act 1982.'.
Mr Malcolm Wicks
13
Clause 3, page 3, line 12, at end insert—
'(3A) Provision is not to be considered as giving rise to disproportionate expenditure only because that provision is more expensive than comparable provision.'.
Mr Tim Boswell
Mr James Clappison
57
Clause 4, page 3, leave out line 29.
Mr Tim Boswell
Mr James Clappison
77
Clause 4, page 3, line 29, at end insert 'appropriate to their needs'.
Mr Tim Boswell
Mr James Clappison
75
Clause 4, page 3, line 33, at end add 'provided that it shall at all times make clear to employers whether there is or is not a legal obligation to contribute'.
Mr Tim Boswell
Mr James Clappison
100
*Clause 5, page 3, line 36, after 'persons', insert ', schools and colleges, both independent and maintained,'.
Mr Tim Boswell
Mr James Clappison
81A
Clause 5, page 3, line 36, leave out 'post-16'.
Mr Tim Boswell
Mr James Clappison
82
Clause 5, page 3, line 39, leave out 'post-16'.
Mr Tim Boswell
Mr James Clappison
101
*Clause 5, page 3, line 41, after 'persons', insert 'of any age post-16'.
Mr Malcolm Wicks
24
Clause 5, page 3, line 41, after 'receiving' insert 'or proposing to receive'.
Mr Tim Boswell
Mr James Clappison
83
Clause 5, page 3, line 41, leave out 'post-16'.
Mr Malcolm Wicks
22
Clause 5, page 4, line 1, leave out sub-paragraph (e) and insert—
'(e) institutions within the further or higher education sector (within the meaning of section 91 of the Further and Higher Education Act 1992) which provide or propose to provide secondary education (other than post-16 education);'.
Mr Tim Boswell
Mr James Clappison
84
Clause 5, page 4, line 2, leave out 'post-16'.
Mr Tim Boswell
Mr James Clappison
102
*Clause 5, page 4, line 2, at end insert—
'(ea) schools providing or proposing to provide secondary education (other than post-16 education)'.
Mr Malcolm Wicks
25
Clause 5, page 4, line 3, after 'undertaking' insert 'or proposing to undertake'.
Mr Tim Boswell
Mr James Clappison
85
Clause 5, page 4, line 19, after 'any', insert 'reasonable'.
Mr Malcolm Wicks
26
Clause 5, page 4, line 20, after 'receiving' insert 'or proposing to receive'.
Mr Tim Boswell
Mr James Clappison
103
*Clause 5, page 4, line 20, after 'training', insert 'if at any institution of that person's choice'.
Mr Tim Boswell
Mr James Clappison
86
Clause 5, page 4, line 20, at end insert 'relevant'.
Mr Tim Boswell
Mr James Clappison
87
Clause 5, page 4, line 21, leave out '(such as transport or childcare)'.
Mr Tim Boswell
Mr James Clappison
104
*Clause 6, page 4, line 25, after 'person', insert '(being either an individual or an institution)'.
Mr Tim Boswell
Mr James Clappison
78
Clause 6, page 4, line 27, leave out from 'require' to end of line 28 and insert 'any person receiving financial resources from the Council to provide the Council with such documents as requested by the Council as relate to their application for that financial resource;'.
Mr Malcolm Wicks
41
Clause 6, page 4, line 29, leave out 'providing post-16 education or training' and insert 'to whom financial resources are provided'.
Mr Tim Boswell
Mr James Clappison
105
*Clause 6, page 4, line 31, at end insert—
'(c) require the Council, in applying those conditions to respect the confidentiality of the information supplied by the person providing the post-16 education or training'.
Mr Malcolm Wicks
42
Clause 6, page 4, line 32, leave out 'post-16' and insert 'or proposing to provide'.
Mr Tim Boswell
Mr James Clappison
89
Clause 6, page 4, leave out lines 43 and 44 and insert—
'(3ZA) Where provision has been specified in a report of an assessment conducted under section 114 the Council must impose a condition on a person providing post-16 education or training (the provider) to make such provision for the person who is the subject of the assessment.'.
Mr Phil Willis
Mr Richard Allan
50
Clause 6, page 4, line 44, at end insert—
'(3A) the Council shall not exercise the power conferred under section (3)(a) above in such a way as to
(a) discriminate between different classes of providers, or
(b) discriminate between different courses at the same or comparable levels on the basis of areas of study or mode of delivery, or
(c) require providers to charge tuition fees in respect of persons aged under 19, or
(d) require providers to charge fees for persons over the age of 19 pursuing courses in basic literacy or numeracy, including courses in English for those whose first language is not English, or
(e) require providers to charge fees for persons over the age of 19 who are unemployed or who are in receipt of a means-tested state benefit or who are unwaged dependants of such persons, or
(f) require providers to charge fees in respect of any course leading to a qualification at level 3 for a person under age 25 not already in possession of a qualification at or above that level, or
(g) require providers to charge fees in respect of any course leading to a qualification at level 2 for a person not already in possession of a qualification at or above that level.
(3B) in determining any conditions under subsection (3) above the Council shall have regard to the economic and social conditions in the area served by any person providing post-16 education and training to whom the conditions will apply.
(3C) in securing the provision of financial resources under section 5 above the Council must have regard to the requirements set out in subsection (3A) above and to any conditions it imposes on persons providing post-16 education and training under this section.'.
Mr Tim Boswell
Mr James Clappison
91
Clause 6, page 4, line 44, at end insert—
'(3D) The Council must publish an annual statement setting out any criteria and exemptions specified under sub-section 3.
