| Amendments proposed to the Learning and Skills Bill [Lords] - continued | House of Commons |
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Further Education Funding Council: transfer of property
Mr Tim Boswell 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 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 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.'.
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