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

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Training programmes: cessation of funding

   

Mr Secretary Blunkett

NC18

To move the following Clause:—

    '.—(1) This section applies to a company if—

      (a) it has entered into an arrangement with the Secretary of State with a view to receiving payments under section 2(2)(d) of the Employment and Training Act 1973 (arrangements in respect of training) in connection with the provision of facilities,

      (b) before the passing of this Act the company has received notice from the Secretary of State that he intends to terminate the arrangement mentioned in paragraph (a),

      (c) the company's memorandum and articles of association are in a form approved by the Secretary of State generally or specifically for purposes connected with arrangements of the kind described in paragraph (a), and

      (d) the company's memorandum of association requires all income and profits to be applied towards the promotion of the company's objects and not to be distributed to members.

    (2) Unless the Secretary of State consents in writing, a company to which this section applies may not after the passing of this Act—

      (a) take action of a prescribed kind, or

      (b) cause or permit a person to take action of a prescribed kind.

    (3) In subsection (2) "prescribed" means prescribed by order of the Secretary of State; and the action which may be prescribed under that subsection includes, in particular—

      (a) making a disposal or payment of a prescribed kind or in prescribed circumstances,

      (b) incurring expenditure of a prescribed kind or in prescribed circumstances, and

      (c) entering into a transaction of a prescribed kind or in prescribed circumstances.

    (4) A company to which this section applies shall comply with a written direction from the Secretary of State given after the passing of this Act which requires it to transfer an asset to—

      (a) a specified body, or

      (b) the Secretary of State.

    (5) Before giving a direction to a company under subsection (4) the Secretary of State shall consult the company.

    (6) Where a company to which this section applies takes, causes or permits action in contravention of subsection (2) the High Court may on the application of the Secretary of State make any order which seems to it appropriate.

    (7) An order under subsection (6) may, in particular—

      (a) provide for a contract or other agreement to be of no effect;

      (b) vary the terms of a contract or other agreement;

      (c) require money to be paid to the Secretary of State by or on behalf of the company to which this section applies;

      (d) require money to be paid to the Secretary of State by or on behalf of any other specified person;

      (e) require the Secretary of State to pay to a specified person compensation of an amount specified in the order or determined in accordance with the order.

    (8) Section 137 shall not apply to this section; but in the application of this section to a company which operates in Wales—

      (a) a reference to the Secretary of State in subsection (1)(a) and (b) shall be construed as a reference to the Secretary of State or the National Assembly for Wales,

      (b) the functions conferred or imposed on the Secretary of State by subsections (2) to (6) shall be exercisable by the National Assembly, and

      (c) a reference in subsections (2) to (7) to the Secretary of State shall be taken as a reference to the National Assembly.'.


Pensions

   

Mr Secretary Blunkett

NC21

*To move the following Clause:—

    ' .—(1) Section 1 of the Superannuation Act 1972 (persons to or in respect of whom benefits may be provided by schemes under that section) shall apply to persons falling within subsection (2).

    (2) This subsection applies to a person if—

      (a) he has rights and obligations as a pensioner or deferred pensioner under a salary related occupational pension scheme, and

      (b) the rights and obligations arose by virtue of his or another person's employment with any of the employers specified in subsection (3).

    (3) The employers are—

      (a) a person with whom the Secretary of State or the National Assembly for Wales has made arrangements under section 2 of the Employment and Training Act 1973 and who is specified in an order made by the Secretary of State or is of a description so specified;

      (b) a company which is a subsidiary of a person falling within paragraph (a) and which is specified in an order made by the Secretary of State or is of a description so specified.

    (4) A scheme under section 1 of the Superannuation Act 1972 (a new scheme) may not be made in relation to the persons falling within subsection (2) unless—

      (a) the trustees of the occupational scheme consent in writing to the new scheme being made,

      (b) the rights of the persons under the new scheme are no less generous than their rights as they existed under the occupational scheme, and

      (c) the obligations of the persons under the new scheme are no more onerous than their obligations as they existed under the occupational scheme.'.


Pensions: interpretation

   

Mr Secretary Blunkett

NC22

*To move the following Clause:—

    ' .—(1) This section has effect for the purposes of section (Pensions).

    (2) Rights in relation to a person include—

      (a) all forms of right to or eligibility for the present or future payment of a pension to or in respect of him;

      (b) a right of allocation in respect of the present or future payment of a pension.

    (3) A deferred pensioner is a person who has rights under the occupational scheme but is neither a pensioner under it nor a person to whom rights are accruing under it by virtue of his employment.

    (4) "Salary related occupational pension scheme" has the meaning given by section 93(1A) of the Pension Schemes Act 1993.'.


Pensions: delegation

   

Mr Secretary Blunkett

NC23

*To move the following Clause:—

    '.—(1) A function exercisable by virtue of section 1 of the Superannuation Act 1972 in consequence of section (Pensions) or of paragraph 6(1) of Schedule 1 may be exercised by (or by employees of) such person as may be authorised in that behalf by the person whose function it is.

    (2) An authorisation given by virtue of subsection (1) may authorise the exercise of a function—

      (a) either wholly or to such extent as may be specified in the authorisation;

      (b) either generally or in such cases as may be so specified;

      (c) either unconditionally or subject to the fulfilment of such conditions as may be so specified.

    (3) An authorisation given by virtue of subsection (1) is to be treated for all purposes as if it were given by virtue of an order under section 69 of the Deregulation and Contracting Out Act 1994 (contracting out of functions of Ministers and office-holders).

    (4) An authorisation given by virtue of subsection (1) may be revoked at any time by the person who gave it.'.


Commencement

   

Mr Secretary Blunkett

NC24

*To move the following Clause:—

    '.—(1) The following provisions of this Act shall come into force in accordance with provision made by the Secretary of State by order—

      (a) Parts I and III,

      (b) sections 86, 87, 89, 90, 94, 96(1), 97, 100, 101, [Qualifying arrangements: Northern Ireland], 102, 103, [Grants: Northern Ireland], 108 to 116, [City academies: financial provisions], 126, [Pensions], [Pensions: interpretation], [Pensions: delegation], 134 and [Financial support for students: Northern Ireland],

      (c) in Schedule 9, paragraphs 11, 12A, 30, 32 to 34, 36 to 38, 42 to 45, 47(3), 77, 81 and 82,

      (d) Part IV of Schedule 10, and

      (e) in Schedule 11, the repeals in section 91 of the Further and Higher Education Act 1992 and section 142 of the School Standards and Framework Act 1998 and the repeals consequential upon any provision mentioned in paragraph (c).

    (2) The following provisions of this Act shall come into force in accordance with provision made by the National Assembly for Wales by order—

      (a) Parts II and IV, and

      (b) sections 88, [Transfers: Wales], 95, 96(2), 98, 117 to 123 and 128.

    (3) If and in so far as a provision of this Part relates to England, the Secretary of State may (subject to subsection (5)) make provision by order about its commencement.

    (4) If and in so far as a provision of this Part relates to Wales, the National Assembly may (subject to subsection (5)) make provision by order about its commencement.

    (5) Subsections (3) and (4) do not apply to—

      (a) a provision mentioned in subsection (1) or (2),

      (b) any of sections 124, 125, 137 to 139, 142 and 143,

      (c) Schedule 8,

      (d) any provision of Schedule 9 or 11 which is consequential upon section 124 or 125 or Schedule 8,

      (e) Parts I to III of Schedule 10, or

      (f) this section.

    (6) The Secretary of State may by order make provision—

      (a) in consequence of a provision of this Act being brought into force at different times in relation to England and in relation to Wales, or

      (b) in consequence of one provision of this Act being brought into force before another.

    (7) The National Assembly for Wales may by order make provision in relation to Wales in consequence of either of the matters mentioned in subsection (6)(a) and (b).

    (8) An order under subsection (6) or (7) may, in particular, disapply or modify the application of provision made by or under this or any other Act.'.


Support for 11-25 year olds: Wales: provision of services

   

Mr Ted Rowlands
Mr Denzil Davies

NC4

To move the following Clause:—

    '. The National Assembly may provide or secure the provision of services which the Assembly considers will encourage, enable or assist (directly or indirectly) effective participation by young persons in education or training.'.

 
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