Vote Bundle Text (900523-07)

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

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Support for 13 to 19 year olds: inspection

Mr Malcolm Wicks

NC24

To move the following Clause:—

'.—(1) Her Majesty's Chief Inspector of Schools in England—

(a) shall advise the Secretary of State on request about matters relating to services provided in pursuance of section 103(1),

(b) may give the Secretary of State other advice about those matters,

(d) may undertake such other inspections of the provision of those services as he thinks fit.

(2) A request under subsection (1)(c)—

(a) may be general or in relation to specific matters,

(b) may relate to a specific person or institution providing services, or to a specific class of person or institution, and

(3) A reference in subsection (1) to the provision of services includes a reference to the management and use of resources in providing services.

(4) Subsections (5) to (7) apply to an inspection under subsection (1)(c) or (d) of services provided by a person or institution in pursuance of section 103(1).

(5) 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 3(3)(a) and (b) (right of access), and

(b) section 42 (computer records).

(6) Section 42A of the 1996 Act (publication of reports) shall apply.

(7) A person who wilfully obstructs a person in carrying out or participating in the inspection—

(a) shall be guilty of an offence, and

(b) shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.'.

Financial support for students

Mr Malcolm Wicks

NC26

To move the following Clause:—

' .—(1) The Teaching and Higher Education Act 1998 shall be amended as follows.

(2) In section 22 (new arrangements for giving financial support to students)—

(a) in subsection (1) for "attending" substitute "undertaking", and

(b) in subsections (2)(h) and (7) omit "attendance on".

(3) In section 23 (transfer or delegation of functions relating to student support) in subsection (1)(b)—

(a) for "at" substitute "with", and

(b) for "attending" substitute "undertaking".

(4) In section 26 (imposition of conditions as to fees at further or higher education institutions) in subsections (4), (5) and (10)(b) for "attending" (in each place) substitute "undertaking".

(5) In section 28(1) (interpretation) in the definition of "fees" for "attendance on" (in each place) substitute "undertaking".'.

City academies

Mr Malcolm Wicks

NC27

*To move the following Clause:—

' .—(1) Section 482 of the Education Act 1996 (city technology colleges and city colleges for the technology of the arts) shall be amended as follows.

(2) In subsection (2)(c)—

(a) omit "either", and

(b) after "arts" insert "or on a subject area mentioned in subsection (2A)".

(3) After subsection (2) insert—

(a) modern foreign languages;

(b) visual arts, performing arts, media arts (or any combination of them);

(d) any subject specified by order by the Secretary of State."

(4) In subsection (3) after paragraph (b) insert ", or

(5) After subsection (3) insert—

(6) After subsection (5) insert—

(City academies)

(7) This section does not apply to schools in Wales.'.

City colleges and academies: special educational needs

Mr Malcolm Wicks

NC28

*To move the following Clause:—

' . After section 483 of the Education Act 1996 there shall be inserted—

"City colleges and academies: special educational needs. 483A.—(1) This section applies in relation to any child falling within subsection (2) if the condition in subsection (3) is satisfied.
    (2) A child falls within this subsection if—

(a) he is a child for whom a statement is maintained under section 324, and
(b) he attends (or proposes to attend) a school which is a city technology college, a city college for the technology of the arts or a city academy.

    (3) The condition in this subsection is satisfied if—

(a) the school is approved by the Secretary of State under section 347(1), or

(b) the Secretary of State consents to the child being educated at the school.
    (4) The Secretary of State may by regulations make provision for securing that arrangements are made—

(a) for making the special educational provision specified in the statement;

(b) for making any non-educational provision specified in the statement.
    (5) Regulations under subsection (4) may require or authorise a local education authority—

(a) to make payments to a school in respect of a child, or

(b) to provide any other assistance to a school in respect of a child.
    (6) No condition or requirement imposed by virtue of section 482(4)(a) is to prevent a local education authority making payments or providing assistance by virtue of subsection (5).
    (7) This section does not apply to schools in Wales.".'.

City academies: land

Mr Malcolm Wicks

NC29

*To move the following Clause:—

' .—(1) Schedule (City academies: land) contains provisions about land in relation to city academies.

(2) That Schedule does not apply to land in Wales.'.

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 property, rights and liabilities 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.'.

Liability of college governors

Mr Phil Willis
Mr Richard Allan

NC25

To move the following Clause:—

'.—(1) If in any proceedings for negligence, default, breach of duty or breach of trust against a person who is a member of a college corporation established under Section 15, 16 or 47 of the Further and Higher Education Act 1992 or under Section 116 of this Act, it appears to the court hearing the case that that person is or may be liable in respect of negligence, default, breach of duty or breach of trust, but that he acted honestly, and that having regard to all the circumstances of the case (including those connected with his appointment) he ought fairly to be excused for the negligence, default, breach of duty or breach of trust, that court may relieve him, either wholly or partly, from his liability on such terms as it thinks fit.

(2) If any such member as above mentioned has reason to apprehend that any claim will or might be made against him in respect of any negligence, default, breach of duty or breach of trust, he may apply to the court for relief; and the court on application has the same power to relieve him as under this section as it would have if it had been the court before which proceedings against the person for negligence, default, breach of duty or breach of trust had been brought.

(3) Where a case to which subsection (1) applies is being tried by a judge with a jury, the judge, after hearing the evidence, may, if he is satisfied that the defendant or defender ought in pursuance of that subsection to be relieved either in whole or in part from the liability sought to be enforced against him, withdraw the case in whole or in part from the jury and forthwith direct judgement to be entered for the defendant or defender on such terms as to costs or otherwise as the judge may think proper.'.

Direct provision of education and training

Mr Tim Boswell
Mr James Clappison

NC30

*To move the following Clause:—

'.—In discharging their duties under this Act, the Learning and Skills Council (in matters relating to England) and the National Council for Education and Training for Wales (in matters relating to Wales) shall not themselves make direct provision for education and training unless—

(a) it seems to them that no other provider is available; and

(b) it is with the express consent of the Secretary of State (or, as appropriate, the National Assembly for Wales).'.