Vote Bundle Text (900523-05)

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

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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.'.

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.'.

Designated institutions: disposal of land, &c.

Mr Malcolm Wicks

NC23

To move the following Clause:—

'.—(1) This section applies to land which after the coming into force of this section is transferred to trustees under section 32(3)(b) of the Further and Higher Education Act 1992 (transfer of property on designation of institution).

(2) This section also applies to land which—

(b) is held by trustees for the purposes of an institution which became a designated institution after the coming into force of this section, and

(b) was acquired or enhanced in value wholly or partly by means of money paid under section 65 of the Education Act 1996 (grants) or paragraph 5 of Schedule 3 to the School Standards and Framework Act 1998 (grants).

(3) If trustees dispose of land to which this section applies they shall notify the appropriate council.

(4) If trustees dispose of land to which this section applies they shall pay to the appropriate council so much of the proceeds of disposal as may be determined to be just—

(a) by agreement between the trustees and the council, or

(b) in default of agreement, by the Secretary of State.

(5) In making a determination under subsection (4) regard shall be had, in particular, to—

(a) the value of the land at the date of the determination, and

(b) any enhancement of the land's value which is attributable to expenditure by the trustees or the governing body of the designated institution.

(6) More than one determination may be made under subsection (4) in relation to a particular disposal where it is just to do so, in particular where the disposal involves the creation of a lease.

(7) If trustees permit land to which this section applies to be used for purposes not connected with the designated institution—

(a) they shall be treated for the purposes of this section as having disposed of the land, and

(b) subsection (4) shall have effect as if the reference to the proceeds of disposal were a reference to the value of the land.

(8) Where a designated institution has ceased to exist—

(a) this section applies to land which satisfied subsection (1) or (2) immediately before the institution ceased to exist, and

(b) in subsection (7) the reference to purposes not connected with the designated institution shall be treated as a reference to purposes not connected with an institution within the further education sector (within the meaning given by section 91(3) of the Further and Higher Education Act 1992).

(9) In this section "the appropriate council" means—

(a) the Learning and Skills Council for England, in respect of land in England, and

(b) the National Council for Education and Training for Wales, in respect of land in Wales.'.

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".'.