Vote Bundle Text (900627-06)

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

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Mr Secretary Blunkett

Page 106, line 40 [Schedule 9], at end insert—

(a) of training, including vocational, social, physical and recreational training, and

(b) of organised leisure time occupation (within the meaning of section 2(6)) which is provided in connection with the provision of education or of training within paragraph (a).

(1B) In exercising their functions under this section a local education authority shall in particular have regard to the needs of persons with learning difficulties (within the meaning of section 13(5) and (6) of the Learning and Skills Act 2000).'.

Mr Secretary Blunkett

Page 106, line 44 [Schedule 9], at end insert—

Mr Secretary Blunkett

Page 106, line 44 [Schedule 9], at end insert—

'. In section 312(2) of that Act (meaning of learning difficulty") for "section 15(5)" substitute "section 15A or 15B".'.

Mr Secretary Blunkett

Page 107, line 40 [Schedule 9], at end insert—

'(c) in paragraph (c)(i) for "section 15(5)" substitute "section 13 of the Learning and Skills Act 2000".'.

Mr Secretary Blunkett

Page 111, line 17 [Schedule 9], at end insert—

"Plans of National Council. 26B.—(1) In preparing a school organisation plan a local education authority in Wales shall have regard to the plans of the National Council for Education and Training for Wales published under section (Plans: Wales) of the Learning and Skills Act 2000.
    (2) Subsection (3) applies if a school organisation plan prepared by a local education authority in Wales is being considered by the school organisation committee or by the adjudicator.
    (3) The committee or the adjudicator shall have regard to the plans of the National Council for Education and Training for Wales published under section (Plans: Wales) of the Learning and Skills Act 2000.
    (4) In this section references to the school organisation committee are to the committee established by the authority under regulations made under section 27.
    (5) In this section references to the adjudicator are to—

(a) such person appointed as adjudicator under those regulations as may be determined in accordance with them, or

(b) such persons appointed as a panel of adjudicators under those regulations as may be so determined.".'.

Mr Secretary Blunkett

Page 112, line 44 [Schedule 9], leave out from beginning to '(meaning' and insert—

'.—(1) Section 104 of the Government of Wales Act 1998 (funding of the Chief Inspector of Education and Training in Wales) is amended as follows.

(2) In subsection (4), omit the words from "; and in determining" to the end.

(3) After subsection (4), insert—

Annual plan of the Chief Inspector for Wales

(b) determine the amount of the funding it is to provide under this section in accordance with the plan as approved by it.

(4B) But before it gives its approval under subsection (4A)(a), the Assembly may require the Chief Inspector to modify the plan."

. In section 118(2) of that Act'.

Mr Secretary Blunkett

Page 112, line 45 [Schedule 9], leave out from 'records")' to 'the' in line 46 and insert 'after paragraph (h) insert—

"(ha)''.

REMAINING NEW CLAUSES

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,

Qualifying arrangements: Northern Ireland

(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;

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).'.