Amendments proposed to the Learning and Skills Bill [Lords] - continued	House of Commons
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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a requirement for bodies to have the benefit of approvals which have been given by the Secretary of State and not withdrawn.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.'.

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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.'.

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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.'.

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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.'.

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Prepared 16 May 2000