NOTICES OF AMENDMENTS
given up to and including
Thursday 22nd June 2000
New Amendments handed in are marked thus *
CONSIDERATION OF BILL
LEARNING AND SKILLS BILL [LORDS], AS AMENDED
NEW CLAUSES
Annual Plan of the Chief Inspector for Wales
Mr Secretary Blunkett
NC5
To move the following Clause—
'.—(1) The Chief Inspector for Wales must, for the purposes of the consultation required under section 104(4) of the 1998 Act (funding of HM Chief Inspector of Education and Training for Wales), prepare a plan for each financial year.
(2) The plan must be submitted to the National Assembly by such time before the beginning of the financial year to which it relates as the National Assembly may direct.
(3) The plan must contain estimates of—
(a) the expenditure necessary, in the financial year to which the plan relates, in order to secure that the functions of the Chief Inspector for Wales are discharged effectively; and
(b) the income which the Chief Inspector for Wales will receive in that financial year and which may be applied towards meeting the expenses of the Chief Inspector for Wales.
(4) The plan must also contain proposals for the management of any funds which may be provided by the National Assembly for that financial year.
(5) The Chief Inspector for Wales may, after the plan has been approved under section 104(4A) of the 1998 Act, publish it in such manner and at such time as appear to the Chief Inspector for Wales to be appropriate.
(6) "The 1998 Act" means the Government of Wales Act 1998.'.
Plans: Wales
Mr Secretary Blunkett
NC6
To move the following Clause:—
' .—(1) The Council must make a plan for each of its financial years.
(2) The Council must send its plan for its first financial year to the National Assembly as soon as is reasonably practicable after the year starts.
(3) The Council must send its plan for any subsequent financial year of the Council to the National Assembly before the year starts.
(4) A plan for a financial year must include—
(a) proposals as to how the Council intends to achieve in the financial year any objectives which should be achieved in the year in conformity with directions of the National Assembly or with conditions imposed under section 47;
(b) the Council's financial proposals for the year;
(c) such other matters as the National Assembly specifies.
(5) The National Assembly must approve the plan or require the Council to make specified alterations of it; and if alterations are required the Council must make them.
(6) The Council must publish the plan as approved by the National Assembly or as altered in accordance with the National Assembly's requirements; and publication must be made at such time and in such manner as the National Assembly specifies.
(7) The Council may make and publish such other plans as it thinks fit; but any such plan must not conflict with a plan for a financial year.'.
Strategy: Wales
Mr Secretary Blunkett
NC7
To move the following Clause:—
' .—(1) The Council must formulate a strategy in relation to its functions and keep it under review.
(2) The Council must incorporate in the strategy proposals as to—
(a) how it intends to achieve any objectives contained in directions of the National Assembly;
(b) how it intends to achieve such objectives within any time limits contained in such directions.
(3) The strategy must include proposals as to how the Council intends to develop the skills of persons in employment; but this does not affect the generality of subsection (1).
(4) The Council—
(a) may at any time send to the National Assembly a copy of the strategy as it subsists for the time being;
(b) must at such times as the National Assembly indicates send to the Assembly a copy of the strategy as it subsists for the time being.
(5) The National Assembly must approve the strategy sent to it or require the Council to make specified alterations of it; and if alterations are required the Council must make them.
(6) In exercising its functions the Council must have regard to the strategy as approved by the National Assembly or as altered in accordance with its requirements.'.
Transfers: Wales
Mr Secretary Blunkett
NC8
To move the following Clause:—
' .—(1) The National Assembly for Wales may make a scheme providing for the transfer of any of its property, rights and liabilities to the National Council for Education and Training for Wales.
(2) The National Assembly may make a scheme providing for the transfer to the Council of any of the property, rights and liabilities of a person with whom the National Assembly has made arrangements under section 2 of the Employment and Training Act 1973 (arrangements regarding employment).
(3) A scheme under this section may include such supplementary, incidental, consequential or transitional provisions as the National Assembly thinks are appropriate.
(4) A scheme under this section comes into force on the day it specifies for it to come into force.
(5) When a scheme under this section comes into force it has effect to transfer (in accordance with its provisions) the property, rights and liabilities to which it applies.
(6) If a scheme under subsection (1) includes provision for the transfer of liabilities, the day specified by the scheme for it to come into force must not fall after the end of the period of 3 years starting with the day appointed under section 141 for the commencement of section 88.
(7) The day specified by a scheme under subsection (2) for the scheme to come into force must not fall after the end of the period of 3 years starting with the day appointed under section 141 for the commencement of section 88.
(8) A scheme under subsection (2) is invalid unless it is made with the consent of the person from whom the transfer is to be made.'.
Qualifying arrangements: Northern Ireland
Mr Secretary Blunkett
NC14
*To move the following Clause:—
' .—(1) Subsection (2) applies if a provision contained in or made under an enactment requires arrangements to qualify under this section (or to qualify under it at a particular time).
(2) The provision is to be taken to require the arrangements to satisfy conditions specified by the Department of Higher and Further Education, Training and Employment in Northern Ireland in regulations made under this section (or to satisfy them at the time concerned).
(3) Subsections (3) to (7) of section 101 apply to regulations under this section as they apply to regulations under that section; and for this purpose—
(a) references in those subsections to the Secretary of State are to be treated as references to the Department;
(b) the reference in subsection (7)(b) to arrangements which qualify under this section is to be treated as a reference to arrangements which qualify under section 101.'.
Grants: Northern Ireland
Mr Secretary Blunkett
NC15
*To move the following Clause:—
' .—(1) The Department of Higher and Further Education, Training and Employment in Northern Ireland may make regulations authorising grants to be paid to or in respect of individuals in connection with their education or training.
(2) The regulations must provide that grants may be paid only to or in respect of individuals—
(a) who hold accounts which qualify under section 100,
(b) who are parties to arrangements which qualify under section (Qualifying arrangements: Northern Ireland), or
(c) who hold such accounts and are parties to such arrangements.
(3) Subsections (3) to (7) of section 103 apply to regulations under this section as they apply to regulations under that section; and for this purpose—
(a) references in those subsections to the Secretary of State are to be treated as references to the Department;
(b) the reference in subsection (4)(b) to arrangements which qualify under section 101 is to be treated as a reference to arrangements which qualify under section (Qualifying arrangements: Northern Ireland).'.
Financial support for students: Northern Ireland
Mr Secretary Blunkett
NC16
*To move the following Clause:—
' .—(1) The Education (Student Support) (Northern Ireland) Order 1998 shall be amended as follows.
(2) In Article 2(2) (interpretation) in the definition of "fees" for "attendance on" (in each place) substitute "undertaking".
(3) In Article 3 (new arrangements for giving financial support to students)—
(a) in paragraph (1) for "attending" substitute "undertaking";
(b) in paragraphs (2)(h) and (7) omit "attendance on".
(4) In Article 4 (transfer or delegation of functions relating to student support) in paragraph (1)(b)—
(a) for "at" substitute "with", and
(b) for "attending" substitute "undertaking".
(5) In Article 7 (imposition of conditions as to fees at further or higher education institutions) in paragraphs (1), (2), (3) and (8)(b) for "attending" (in each place) substitute "undertaking".'.
Further education colleges: governors' liability
Mr Secretary Blunkett
NC17
*To move the following Clause:—
'.—(1) Subsection (2) applies where a member of a body listed in subsection (3) is found liable in civil legal proceedings in respect of something which he did or omitted to do in the course of carrying out his duties as a member of the body.
(2) If—
(a) the member of the body applies to a court for an order under this subsection, and
(b) the court considers that the action or omission which gives rise to the member's liability was honest and reasonable,
the court may make an order extinguishing, reducing or varying the liability.
(3) The bodies referred to in subsection (1) are—
(a) a further education corporation established by virtue of section 15, 16 or 47 of the Further and Higher Education Act 1992, and
(b) a body corporate established by virtue of section 132(4) or (5) of this Act.
(4) Where a member of a body listed in subsection (3) applies to a court for an order under this subsection, the court may make any order which—
(a) relates to liability in civil legal proceedings which may come to be incurred by the member in respect of a specified course of action, and
(b) is of a kind which the court could have made if the liability had already been incurred.
(5) In subsections (2)(a) and (4) "a court" means the High Court or a county court; but this subsection is subject to any order under section 1 of the Courts and Legal Services Act 1990 (allocation of business between High Court and county courts).'.
