Amendments proposed to the Learning and Skills Bill [Lords] - continued | House of Commons |
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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.'.
Direct provision of education and training
Mr Tim Boswell 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
NEW SCHEDULE
Mr Malcolm Wicks NS1 To move the following Schedule:
'City Academies: LandTransfer schemes 1.(1) The Secretary of State may make a scheme in relation to land if these requirements are met
(2) These requirements must be met as regards a scheme
(3) In sub-paragraph (2) the reference to a right or liability
(4) A scheme may include such supplementary, incidental, consequential or transitional provisions as the Secretary of State thinks are appropriate. (5) A scheme comes into force on the day it specifies for it to come into force. (6) When a scheme comes into force it has effect to transfer (in accordance with its provisions) the interests, rights and liabilities to which it applies. (7) A transfer made by virtue of a scheme is binding on all persons (as well as on the authority and the transferee) even if, apart from this sub-paragraph, it would have required the consent or concurrence of any person.
Restriction on disposal 2.(1) Sub-paragraph (2) applies if
(2) Unless the Secretary of State consents, the authority must not make the disposal or enter into the contract or grant the option. (3) Sub-paragraph (2) does not apply to a disposal made in pursuance of a contract made, or option granted, before the coming into force of this paragraph. (4) Sub-paragraph (2) does not apply to
(5) A disposal or contract or grant is not invalid by reason only that it is made in contravention of sub-paragraph (2). (6) A person acquiring an interest in land or entering into a contract to acquire it is not to be concerned to enquire whether consent required by sub-paragraph (2) has been given. 3.(1) This paragraph applies if an authority makes a disposal or enters into a contract or grants an option in contravention of paragraph 2(2). (2) In the case of a grant of an option, the Secretary of State may by notice served on the option holder repudiate the option at any time before it is exercised. (3) In the case of a contract to dispose of an interest, the Secretary of State may by notice served on the other party to the contract repudiate it at any time before a conveyance of the interest is executed. (4) A repudiation under sub-paragraph (2) or (3) has effect
(5) In the case of a disposal of an interest (whether or not in pursuance of an option or contract falling within sub-paragraph (2) or (3)) the Secretary of State may purchase the interest compulsorily. (6) The Acquisition of Land Act 1981 is to apply in relation to the compulsory purchase of an interest under sub-paragraph (5). (7) On completion of a compulsory purchase of an interest under subsection (5) the Secretary of State must transfer it to a person concerned with the running of a city academy. (8) If the Secretary of State acquires an interest by compulsory purchase under sub-paragraph (5) he is entitled to recover from the authority an amount equal to the aggregate of
(9) The authority must provide the Secretary of State with such information as he may require it to provide in connection with a compulsory purchase under sub-paragraph (5).
Duty to inform 4.(1) Sub-paragraph (2) applies if
(2) The authority must inform the Secretary of State of the proposal.
Former city academies 5.(1) This paragraph applies if
(2) This paragraph applies
(3) The Secretary of State may make a scheme providing for the transfer of the interest
(4) A scheme may include such supplementary, incidental, consequential or transitional provisions as the Secretary of State thinks are appropriate. (5) A scheme comes into force on the day it specifies for it to come into force. (6) When a scheme comes into force it has effect to transfer (in accordance with its provisions) the interest to which it applies. (7) A transfer made by virtue of a scheme is binding on all persons (as well as on the authority and the transferee) even if, apart from this sub-paragraph, it would have required the consent or concurrence of any person.
Other Acts 6.(1) Section 123(2) of the Local Government Act 1972 (disposal for consideration less than the best reasonably obtainable) does not apply to a disposal to a person for the purposes of a city academy.(2) Section 123(2A) of that Act (disposal of open space requires certain procedures) does not apply to a disposal which is made
(3) Section 77(1) of the School Standards and Framework Act 1998 (restriction on disposal of playing fields) does not apply to a disposal which is made
Regulations 7. The Secretary of State may make regulations containing such incidental, consequential, transitional or supplementary provisions as he thinks are appropriate in consequence of this Schedule or for giving it full effect; and in particular the regulations may include provision described below.8.(1) The regulations may include
(2) The regulations may include
9. The regulations may include
General 10. A dwelling-house used by an authority for occupation by a person employed to work at a school is to be treated for the purposes of this Schedule as used for the purposes of the school.11. For the purposes of this Schedule
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