Amendments proposed to the Learning and Skills Bill [Lords] - continued House of Commons

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Support for 11 to 25 year olds: Wales: conduct and effect of inspections

   

Mr Malcolm Wicks

NC13

To move the following Clause:—

    '.—(1) This section applies where a service is inspected pursuant to a request under section [Support for 11 to 25 year olds: Wales: inspection](1)(c) or in accordance with section [Support for 11 to 25 year olds: Wales: inspection](1)(d).

    (2) A person carrying out or participating in the inspection shall have the same powers as an Inspector of Schools under the following provisions of the School Inspections Act 1996—

      (a) section 6(3)(a) and (b) (right of access), and

      (b) section 42 (computer records).

    (3) Section 42A of that Act (publication of reports) shall apply.

    (4) Where the Chief Inspector arranges for the publication of a report of an inspection, the person who provides the inspected service shall—

      (a) prepare a written statement of the action which he proposes to take in the light of the report and the period within which he proposes to take it,

      (b) publish the statement within such period, and in such manner, as may be prescribed by regulations made by the National Assembly for Wales, and

      (c) send copies of the statement to such persons as may be prescribed by regulations made by the National Assembly.

    (5) Where a local authority provides an inspected service, or secures or participates in the provision of an inspected service, the authority—

      (a) shall ensure that the action specified in any statement prepared under subsection (4)(a) is sufficient to remedy any weakness mentioned in the report, and

      (b) shall take all reasonable steps to ensure that the action specified in the statement is taken within the period specified.

    (6) If the National Assembly consider that a local authority is failing to comply with its duties under subsection (5)—

      (a) the National Assembly may give directions to the local authority about the performance of those duties, and

      (b) the authority shall comply with the directions.'.


Support for 11 to 25 year olds: Wales: supplementary

   

Mr Malcolm Wicks

NC14

To move the following Clause:—

    '.—(1) In sections [Support for 11 to 25 year olds: Wales: provision of services] to [Support for 11 to 25 year olds: Wales: conduct and effect of inspections]

      "local authority" means a county council or a county borough council,

      "Health Authority" has the meaning given by section 8 of the National Health Service Act 1977,

      "parent", in relation to a child, means a person who has parental responsibility for him within the meaning of section 3 of the Children Act 1989,

      "probation committee" means a committee established under section 3 of the Probation Service Act 1993,

      "police authority" has the meaning given by section 101 of the Police Act 1996,

      "young person" has the meaning given by section [Support for 11 to 25 year olds: Wales: provision of services](3),

      "youth offending team" means a team established under section 39 of the Crime and Disorder Act 1998, and

      "youth support services" has the meaning given by section [Support for 11 to 25 year olds: Wales: provision of services](2).

    (2) The power under section [Support for 11 to 25 year olds: Wales: provision of services] shall not relate to services which are provided or to be provided outside Wales.'.


Wales: provision of information by public bodies

   

Mr Malcolm Wicks

NC15

To move the following Clause:—

    '.—(1) For the purpose of the provision in Wales of services mentioned in subsection (2), any of the bodies mentioned in subsection (3) may supply information about a young person—

      (a) to a local authority;

      (b) to any other person involved in the provision of the services.

    (2) The services are—

      (a) services provided in pursuance of section [Support for 11 to 25 year olds: Wales: provision of services] of this Act,

      (b) services provided in pursuance of any of sections 2, 8, 9 and 10 of the Employment and Training Act 1973 (training and careers services), and

      (c) services wholly or partly funded in pursuance of section 12 of the Industrial Development Act 1982 (careers in industry).

    (3) The bodies are—

      (a) a local authority,

      (b) a Health Authority,

      (c) the National Council for Education and Training for Wales,

      (d) a probation committee, and

      (e) a youth offending team.'.


Qualifying arrangements

   

Mr Malcolm Wicks

NC16

To move the following Clause:—

    ' .—(1) Subsection (2) applies if a provision contained in or made under an enactment requires arrangements to qualify under this section (or to qualify under it at a particular time).

    (2) The provision is to be taken to require the arrangements to satisfy conditions specified by the Secretary of State in regulations made under this section (or to satisfy them at the time concerned).

    (3) These conditions may be included—

      (a) conditions as to the description of individual who may enter into arrangements;

      (b) conditions as to the description of body with which arrangements may be made;

      (c) conditions as to the nature of the arrangements and the way they are to be made;

      (d) conditions requiring the arrangements to be identified by a specified name.

    (4) Conditions as to the description of body with which arrangements may be made may themselves specify the description or may allow the Secretary of State to specify it in a way he thinks fit.

    (5) The regulations may provide that a specification of a description of body with which arrangements may be made may include a requirement for bodies to have the benefit of approvals which have been given by the Secretary of State and not withdrawn.

    (6) The regulations may contain provision securing that an individual may not simultaneously—

      (a) be a party to more than one set of arrangements which qualify under this section, or

      (b) be a party to arrangements which qualify under this section and to arrangements falling within subsection (7).

    (7) Arrangements fall within this subsection if they are arrangements which qualify under such provision of the law of Scotland or Northern Ireland as in the opinion of the Secretary of State corresponds to this section.'.


Qualifying arrangements: further provision

   

Mr Malcolm Wicks

NC17

To move the following Clause:—

    ' .—(1) The Secretary of State (or a person designated by him) may make arrangements with a body in connection with the making by that body of arrangements which qualify under section (Qualifying arrangements).

    (2) Arrangements under subsection (1) may include provision for the remuneration of a body and the payment of its expenses.

    (3) Arrangements under subsection (1) may include provision for a person designated by the Secretary of State to carry out on his behalf such of his functions under the arrangements as he specifies.

    (4) The Secretary of State may pay—

      (a) to a person designated by him under subsection (1) to make arrangements with a body, or

      (b) to a person designated by him under subsection (3) to carry out functions on his behalf,

    remuneration or amounts to meet the person's expenses.'.


Stamp duty

   

Mr Malcolm Wicks

NC18

To move the following Clause:—

    '.—(1) A transfer effected by virtue of section 84 or 86 is not to give rise to liability to stamp duty.

    (2) Stamp duty is not to be chargeable on a scheme made under section 85 or 87.'.


Contracts of employment

   

Mr Malcolm Wicks

NC19

To move the following Clause:—

    ' .—(1) This section applies if rights and liabilities under a contract of employment are transferred by virtue of—

      (a) section 84 or 86, or

      (b) a scheme under section 85 or 87.

    (2) Anything done by or in relation to the transferor in respect of the employee before the day on which the transfer takes effect is to be treated on and after that day as done by or in relation to the transferee.

    (3) For the purposes of Part XI of the Employment Rights Act 1996 (redundancy payments etc) the employee is not to be regarded as having been dismissed by virtue of the transfer.

    (4) For the purposes of that Act the employee's period of employment with the transferor is to count as a period of employment with the transferee, and the change of employment is not to break the continuity of the period of employment.

    (5) The preceding provisions do not prejudice any right of the employee to terminate the contract of employment if a substantial change is made to his detriment in his working conditions, but no such right arises by reason only of the change in employer effected by the transfer.

    (6) For the purposes of this section—

      (a) the transferor is the person from whom the rights and liabilities are transferred;

      (b) the transferee is the person to whom the rights and liabilities are transferred.'.


Part V: Wales

   

Mr Malcolm Wicks

NC20

*To move the following Clause:—

    '.—(1) Where this Part of this Act confers a function on the Secretary of State (whether by amendment of another Act or otherwise)—

      (a) the function shall be exercisable in relation to Wales by the National Assembly for Wales, and

      (b) for that purpose any reference to the Secretary of State shall be taken as a reference to the National Assembly.

    (2) Where—

      (a) this Part confers a function on the Secretary of State by amendment of an Act, and

      (b) any functions of that Act have before the passing of this Act been transferred to the National Assembly by Order in Council under section 22 of the Government of Wales Act 1998 (transfer of functions),

    the Order shall be treated for the purposes of any varying or revoking Order as having transferred to the National Assembly the function mentioned in paragraph (a).

    (3) Subsection (1)(a) has effect subject to any Order in Council made by virtue of subsection (2).

    (4) This section shall not apply in relation to—

      (a) section 85, 96 or 122 of this Act, or

      (b) the amendment of section 1(3) of the Education (Fees and Awards) Act 1983 (fees at institutions) made by Schedule 8 to this Act.'.


Further Education Funding Council: transfer of property

   

Mr Tim Boswell
Mr James Clappison

NC21

*To move the following Clause:—

    '.—No action in connection with the distribution of the Further Education Funding Council for England or any related scheme for the transfer of property shall be taken to affect the interests of further education corporations.'.


Training and Enterprise Councils: transfer of property

   

Mr Tim Boswell
Mr James Clappison

NC22

*To move the following Clause:—

    '.—No action in connection with property transfers under the provision of this Act shall be taken to affect the assets of training and enterprise councils, where the assets are not derived from public funds.'.


 
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