S.C.F.

NOTICES OF AMENDMENTS

given up to and including

Tuesday 23rd May 2000

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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 Malcolm Wicks

368

*Clause     106,     page     48,     line     40,     leave out 'and city colleges for the technology of the arts" and insert ', city colleges for the technology of the arts and city academies,'.

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Mr Malcolm Wicks

346

Clause     117,     page     55,     line     26,     at end insert—

    '(1A) In section 351 (general duties in respect of the curriculum) after subsection (5) insert—

    "(6) Nothing in this section shall be taken to impose duties on a local education authority with regard to sex education.".'.

   

Mr Malcolm Wicks

347

Clause     117,     page     55,     leave out lines 28 and 29 and insert 'omit "local education authority,".'.

   

Mr Malcolm Wicks

348

Clause     117,     page     55,     line     30,     leave out from beginning to end of line 44 on page 56 and insert—

    '(3) After subsection (1) of that section insert—

    "(1A) The Secretary of State must issue guidance designed to secure that when sex education is given to registered pupils at maintained schools they are protected from teaching and materials which are inappropriate having regard to the age and the religious and cultural background of the pupils concerned.

    (1B) In discharging their functions under subsection (1) governing bodies and head teachers must have regard to the Secretary of State's guidance.

    (1C) Guidance under subsection (1A) must include guidance about any material which may be produced by NHS bodies for use for the purposes of sex education in schools.

    (1D) The Secretary of State may at any time revise his guidance under subsection (1A)."

    (4) In subsection (2) of that section—

(a) for "subsection (1)" substitute "this section", and

(b) at the end insert "and "NHS body" has the same meaning as in section 22 of the National Health Service Act 1977."

    (5) In section 404 (sex education: statements of policy) after subsection (1) insert—

    "(1A) A statement under subsection (1) must include a statement of the effect of section 405.".'.

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Mr Malcolm Wicks

383

*Schedule     8,     page     82,     line     4,     at end insert—

'Public Records Act 1958 (c.51)

     . In Schedule 1 to the Public Records Act 1958 (definition of public records) in Part II of the Table at the end of paragraph 3, insert at the appropriate places—

"Adult Learning Inspectorate.",
"Learning and Skills Council for England."

Superannuation Act 1972 (c.11)

     . In Schedule 1 to the Superannuation Act 1972 (kinds of employment to which schemes may apply) in the list of "Other Bodies", insert at the appropriate places—

"Adult Learning Inspectorate.",
"Learning and Skills Council for England.",
"National Council for Education and Training for Wales."

House of Commons Disqualification Act 1975 (c.24)

     . In Part III of Schedule 1 to the House of Commons Disqualification Act 1975 (offices disqualifying for membership) insert at the appropriate places—

"Any member of the Learning and Skills Council for England in receipt of remuneration.",
"Any member of the National Council for Education and Training for Wales in receipt of remuneration."

Sex Discrimination Act 1975 (c.65)

     . In section 23A of the Sex Discrimination Act 1975 (discrimination by further education and higher education funding councils)—

(a) for "the Further Education Funding Council for England, the Further Education Funding Council for Wales," substitute "the Learning and Skills Council for England, the National Council for Education and Training for Wales,", and

(b) after "the Education Acts" insert "and the Learning and Skills Act 2000".

     . After section 25 of that Act insert—

"General duty: post-16 education and training etc.

25A.—(1) The Learning and Skills Council for England and the National Council for Education and Training for Wales shall be under a general duty to secure that the facilities falling within subsection (2) and any ancillary benefits or services are provided without sex discrimination.     (2) Facilities falling within this subsection are facilities for— (a) education, (b) training, and (c) organised leisure-time occupation connected with such education or training,     the provision of which is secured by the Learning and Skills Council for England or the National Council for Education and Training for Wales.     (3) The provisions of sections 25 and 45 of the Learning and Skills Act 2000 shall be the only sanction for breach of the general duty in subsection (1), but without prejudice to the enforcement of section 23A under section 66 or otherwise (where the breach is also a contravention of that section).".

     .—(1) Section 26 of that Act (exception for single-sex establishments) is amended as follows.

    (2) In subsections (1) and (2) for "and 25" in each place where the words occur substitute ", 25 and 25A".

    (3) In subsection (3) after "section 25" insert "or 25A".

     . In section 28 of that Act (exception for physical training) for "and 25" substitute ", 25 and 25A".

Race Relations Act 1976 (c.74)

     . In section 18A of the Race Relations Act 1976 (discrimination by further education and higher education funding councils)—

(a) for "the Further Education Funding Council for England, the Further Education Funding Council for Wales," substitute "the Learning and Skills Council for England, the National Council for Education and Training for Wales,", and

(b) after "the Education Acts" insert "and the Learning and Skills Act 2000".

     . After section 19 of that Act insert—

"General duty: post-16 education and training etc.

19ZA.—(1) The Learning and Skills Council for England and the National Council for Education and Training for Wales shall be under a general duty to secure that the facilities falling within subsection (2) and any ancillary benefits or services are provided without racial discrimination.     (2) Facilities falling within this subsection are facilities for— (a) education, (b) training, and (c) organised leisure-time occupation connected with such education or training,     the provision of which is secured by the Learning and Skills Council for England or the National Council for Education and Training for Wales.     (3) The provisions of sections 25 and 45 of the Learning and Skills Act 2000 shall be the only sanction for breach of the general duty in subsection (1), but without prejudice to the enforcement of section 18A under section 57 or otherwise (where the breach is also a contravention of that section)."'.

   

Mr Malcolm Wicks

303

Schedule     8,     page     82,     line     11,     at end insert—

'(g) any institution which receives funding from the National Council for Education and Training for Wales (whatever proportion that funding represents of the institution's total funding) and which is specified in, or is of a class or description specified in, the regulations."'.

   

Mr Malcolm Wicks

369

*Schedule     8,     page     82,     line     11,     at end insert—

'Education Reform Act 1988 (c.40)

     . In section 218(2B) of the Education Reform Act 1988 (school and further and higher education regulations)—

(a) for "or city colleges for the technology of the arts" substitute ", city colleges for the technology of the arts or city academies", and

(b) after "such colleges" insert "or academies".

Environmental Protection Act 1990 (c.43)

     . In section 98 of the Environmental Protection Act 1990 (definitions) in subsection (2)(e) for "or city college for the technology of the arts" substitute ", city college for the technology of the arts or city academy,".'.

   

Mr Malcolm Wicks

384

*Schedule     8,     page     82,     line     11,     at end insert—

'Disabled Persons (Services, Consultation and Representation) Act 1986 (c.33)

     . In section 5(9) of the Disabled Persons (Services, Consultation and Representation) Act 1986 (disabled persons leaving special education) in the definition of "the responsible authority", in paragraph (c) for "a further education funding council" substitute "the Learning and Skills Council for England or the National Council for Education and Training for Wales".

Education Reform Act 1988 (c.40)

     . In section 128(1)(b) of the Education Reform Act 1988 (dissolution of higher education corporations) for sub-paragraph (v) substitute—

    "(v) the Learning and Skills Council for England or the National Council for Education and Training for Wales."'.

Prepared 23 May 2000