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

386

Schedule     8,     page     82,     line     26,     at end insert—

    '(4B) The power conferred by subsection (4)(bb) above may not be exercised for the purpose of the provision of education if the provision is secured (wholly or partly) by financial resources provided by the Learning and Skills Council for England or the National Council for Education and Training for Wales.

    (4C) But subsection (4B) above shall not apply to the extent that the Council concerned consents to the exercise of the power conferred by subsection (4)(bb) above in a way which does not comply with the restriction in subsection (4B)."'.

   

Mr Malcolm Wicks

387

Schedule     8,     page     83,     line     11,     at end insert—

    '. In section 41(10) of that Act (control of contracts) after "This section does not apply" insert—

"(a) in relation to a relevant institution which does not provide full-time education suitable to the requirements of pupils of compulsory school age, or
(b)".''.

   

Mr Malcolm Wicks

363

Schedule     8,     page     83,     line     11,     at end insert—

    '.—(1) Section 44 of that Act (collective worship) is amended as follows.

    (2) For subsections (1) and (2) substitute—

    "(1) This section applies to any institution within the further education sector which is principally concerned with the provision of full-time education suitable to the requirements of persons over compulsory school age who have not attained the age of nineteen years.

    (2) An institution is of voluntary origin for the purposes of this section if—

(a) immediately before it joined the further education sector it was a voluntary school (within the meaning of the Education Act 1996),
(b) immediately before it joined the further education sector it was a foundation or voluntary school (within the meaning of the School Standards and Framework Act 1998) having a foundation established otherwise than under that Act,
(c) it is designated for the purposes of this paragraph by order of the Secretary of State, or
(d) it is formed by or for the purpose of merging two institutions both of which were within paragraphs (a) to (c).

    (2A) The governing body of an institution to which this section applies shall ensure that at an appropriate time on at least one day in each week during which the institution is open an act of collective worship is held at the institution which persons receiving education at the institution may attend."

    (3) In subsection (3)(b) for "became a further education institution" substitute "joined the further education sector".

    (4) In subsection (4) for "other further education institutions" substitute "other institutions to which this section applies".

    (5) In subsection (5) for "a further education institution" substitute "an institution to which this section applies".

    (6) Omit subsection (6).

    (7) At the end of the section insert—

    "(7) In the application of this section to an institution which is of voluntary origin by virtue of subsection (2)(d), subsection (3)(b) shall be taken as referring to the religious traditions and practices of the two institutions mentioned in subsection (2)(d)."

    .—(1) Section 45 of that Act (religious education) shall be amended as follows.

    (2) For subsections (1) and (2) substitute—

    "(1) This section applies to any institution to which section 44 of this Act applies.

    (2) An institution is of voluntary origin for the purposes of this section if it is of voluntary origin for the purposes of section 44 of this Act.

    (2A) The governing body of an institution to which this section applies shall ensure that religious education is provided at the institution for all persons attending the institution who wish to receive it."

    (3) In subsection (3) for "a further education institution" substitute "an institution to which this section applies".

    (4) In subsection (5)—

(a) for "each further education institution" substitute "institution to which this section applies",

(b) in paragraph (a)(ii) for "became a further education institution" substitute "joined the further education sector", and

(c) in paragraph (b) for "further education institutions" substitute "other institutions to which this section applies".

    (5) Omit subsection (6).

    (6) At the end of the section insert—

    "(7) In the application of this section to an institution which is an institution of voluntary origin by virtue of section 44(2)(d), subsection (5)(a)(ii) shall be taken as referring to the religious traditions and practices of the two institutions mentioned in section 44(2)(d).".'.

   

Mr Malcolm Wicks

370

Schedule     8,     page     83,     line     14,     at end insert—

    ' . In section 54 of that Act (duty to give information) in subsection (1)(b) 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

388

Schedule     8,     page     83,     line     14,     at end insert—

    ' . In section 55 of that Act (inspections etc of local authority institutions other than schools), subsections (1) to (3) and paragraphs (a) and (b) of subsection (7) shall cease to have effect.'.

   

Mr Malcolm Wicks

389

Schedule     8,     page     83,     leave out lines 15 to 17 and insert—

    ' . Section 56 of that Act (directions) shall cease to have effect.'.

   

Mr Malcolm Wicks

390

Schedule     8,     page     83,     line     29,     leave out 'the Education Acts' and insert 'any Act'.

   

Mr Malcolm Wicks

391

Schedule     8,     page     83,     line     33,     leave out 'the Education Acts' and insert 'any Act'.

   

Mr Malcolm Wicks

364

Schedule     8,     page     84,     line     40,     at end insert—

    '. In section 89(2) of that Act (orders and regulations)—

(a) after "29(6) and (8)," insert "30(2)(b),", and

(b) after "38," insert "44(2)(c),".'.

   

Mr Malcolm Wicks

392

Schedule     8,     page     85,     line     19,     at end insert—

'Welsh Language Act 1993 (c.38)

     . In section 6(1) of the Welsh Language Act 1993 (meaning of "public body") for paragraph (j) substitute—

"(j) the National Council for Education and Training for Wales;".

Value Added Tax Act 1994 (c.23)

     .—(1) In Schedule 9 to the Value Added Tax Act 1994 (exemptions) Group 6 (education) is amended as follows.

    (2) In item 3 (provision of examination services) in paragraph (b)(i) for "or 5" substitute ", 5 or 5A".

    (3) After item 5 insert—

    "5A. The provision of education or vocational training and the supply, by the person providing that education or training, of any goods or services essential to that provision, to the extent that the consideration payable is ultimately a charge to funds provided by the Learning and Skills Council for England or the National Council for Education and Training for Wales under Part I or Part II of the Learning and Skills Act 2000."

    (4) After Note (5) insert—

    (5A) For the purposes of item 5A a supply of any goods or services shall not be taken to be essential to the provision of education or vocational training unless—
(a) in the case of the provision of education, the goods or services are provided directly to the person receiving the education;
(b) in the case of the provision of vocational training, the goods or services are provided directly to the person receiving the training."

Education Act 1994 (c.30)

     . In section 9(2) of the Education Act 1994 (joint exercise of functions) for "a further education funding council" substitute "the Learning and Skills Council for England, the National Council for Education and Training for Wales".

Disability Discrimination Act 1995 (c.50)

     . In section 19 of the Disability Discrimination Act 1995 (discrimination in relation to goods, facilities and services) in subsection (5), after paragraph (a) insert—

(aa) education which is provided by an institution within the further education sector (within the meaning given by section 91(3) of the Further and Higher Education Act 1992);
(ab) education which is provided by such establishments as may be specified by the Secretary of State by order;".'.

   

Mr Malcolm Wicks

393

Schedule     8,     page     85,     line     24,     at end insert—

    ' . In section 1 of the Education Act 1996 (the stages of education) in subsection (3) for the words from "confers functions" to the end substitute "makes provision with respect to further education."'.

   

Mr Malcolm Wicks

394

Schedule     8,     page     85,     line     25,     leave out 'the Education Act 1996' and insert 'that Act'.

   

Mr Malcolm Wicks

371

Schedule     8,     page     86,     line     12,     at end insert—

    ' .—(1) Section 490 of that Act (grants in respect of special provision for ethnic minorities) is amended as follows.

    (2) In subsection (1)(b) for "or a city college for the technology of the arts" substitute ", a city college for the technology of the arts or a city academy".

    (3) In subsection (2) for "or college" substitute ", college or academy".

     . In section 537 of that Act (power of the Secretary of State to require information from governing bodies etc) in subsection (7)(b) for "or city college for the technology of the arts" substitute ", city college for the technology of the arts or city academy".

     . In section 541 of that Act (distribution of information about further education institutions) in subsection (1)(b) for "or city college for the technology of the arts" substitute ", city college for the technology of the arts or city academy".

     . In section 550B of that Act (detention outside school hours) in subsection (2)(c) for "or city college for the technology of the arts" substitute ", city college for the technology of the arts or city academy".

     . In section 580 of that Act (index) in the table at the appropriate place insert—

"city academy

section 482(3)".'.

Prepared 25 May 2000