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given up to and including

Friday 8th June 2007

      New Amendments handed in are marked thus *

      Other Amendments not tabled within the required notice period are marked thus #

Public Bill Committee


Further Education and Training Bill [Lords]


RESOLUTION OF THE PROGRAMMING SUB-COMMITTEE

       The Programming Sub-Committee appointed by the Speaker in respect of the Bill agreed the following Resolution at its meeting on Thursday 7th June (Standing Order No. 83C):

       That—

        (1) the Committee shall (in addition to its first meting at 10.30 a.m. on Tuesday 12th June) meet—

        (a) at 4.00 p.m. on Tuesday 12th June;

        (b) at 9.00 a.m. and 1.00 p.m. on Thursday 14th June;

        (c) at 10.30 a.m. and 4.00 p.m. on Tuesday 19th June;

        (d) at 9.00 a.m. and 1.00 p.m. on Thursday 21st June;

        (2) the proceedings shall be taken in the following order: Clauses 1 to 13; new Clauses relating to Part 1; new Schedules relating to Part 1; Clauses 14 to 21; new Clauses relating to Part 2; new Schedules relating to Part 2; Clauses 22 and 23; new Clauses relating to Part 3; new Schedules relating to Part 3; Clauses 24 to 27; Schedule 1; Clause 28; Schedule 2; Clauses 29 to 32; remaining new Clauses; remaining new Schedules; remaining proceedings on the Bill;

        (3) the proceedings on the Bill shall (so far as not previously concluded) be brought to a conclusion at 4.00 p.m. on Thursday 21st June.

       Bill Rammell has given notice of his intention to make a motion in the terms of the Programming Sub-Committee [Standing Order No. 83C(9)].


Bill Rammell

       That, subject to the discretion of the Chairman, any written evidence received by the Committee shall be reported to the House for publication.

       

Mr John Hayes

21

# Clause 2, page 2, leave out lines 42 to 48.

Mr John Hayes

22

# Clause 2, page 3, line 8, leave out ‘and local authorities’ and insert ‘, local authorities and sector skills councils’.


Sarah Teather
Greg Mulholland

17

# Clause 4, page 4, line 6, at end insert ‘, including—

          (i) approved local area agreements (as defined in section 82(2) of the Local Government and Public Involvement in Health Act 2007), and

          (ii) local improvement targets (as defined in section 83 of that Act);’.

Sarah Teather
Greg Mulholland

18

# Clause 4, page 4, line 8, at end insert ‘, including consultation with—

          ‘(i) responsible local authorities (as defined in section 78 of the Local Government and Public Involvement in Health Act 2007), and

          (ii) partner authorities (as defined in section 79 of that Act).’.

Mr John Hayes

23

# Clause 4, page 4, line 8, at end insert ‘, in particular, to determine the level of demand for specific skills in the economy’.

Mr John Hayes

24

# Clause 4, page 4, line 39, at end insert ‘, in particular, to determine the level of demand for specific skills in the economy’.


Mr John Hayes

25

# Clause 7, page 6, line 38, after ‘employers,’, insert—

        ‘(ba) sector skills councils, or’.


Mr John Hayes

26

# Clause 14, page 10, line 7, leave out ‘Learning and Skills Council for England’ and insert ‘Secretary of State’.


Mr John Hayes

27

# Clause 15, page 10, line 26, leave out subsection (4).

Mr John Hayes

28

# Clause 15, page 10, line 40, leave out ‘Learning and Skills Council for England’ and insert ‘Secretary of State’.


Mr John Hayes

29

# Clause 16, page 11, line 4, leave out subsection (2).

Sarah Teather
Greg Mulholland
Mr John Hayes

19

# Clause 16, page 11, line 10, leave out ‘and (2A)’ and insert ‘(2A) and (2B)’.

Sarah Teather
Greg Mulholland

20

# Clause 16, page 11, line 16, at end insert—

      ‘(2B) The third requirement is that the council—

        (a) has regard to any representation from a local authority which has children’s services and education responsibilities in the area in which the establishment or dissolution of a further education corporation is proposed, and

        (b) provides such an authority with written reasons for any decision to establish or dissolve a corporation.’.

Mr John Hayes

36

# Clause 16, page 11, line 16, at end insert—

      ‘(2B) The third requirement is that, when the council is considering proposals to establish or dissolve further education corporations, it must abide by guidance as set out in subsection (2C).

      (2C) The council must, after considering representations, publish a policy statement which must include reference to—

        (a) the preferred structure of provision of post-16 education;

        (b) the need to ensure a choice of qualifications and courses at all levels;

        (c) the impact of any new provision of post-16 education on existing providers of post-16 education;

        (d) the procedure to be followed when two or more further education corporations are seeking to merge.’.


Bill Rammell

2

Clause 17, page 11, line 38, at end insert—

      ‘( ) After subsection (2A) (as inserted by subsection (4)) insert—

      “(2B) Where the Privy Council is considering whether to make an order under subsection (1) above specifying an institution as mentioned in subsection (1)(b) above, the Privy Council may not make the order unless—

        (a) the institution gives the Privy Council a statement setting out what it proposes to do as regards making arrangements for securing that any person granted an award under or by virtue of any power that would be conferred on the institution if the order were made (other than the power described in subsection (4A) below) has an opportunity to progress to one or more particular courses of more advanced study, and

        (b) the Privy Council considers that the proposals are satisfactory and are likely to be carried out.”’.

Sarah Teather
Greg Mulholland

7

# Clause 17, page 11, line 38, at end insert—

      ‘( ) After subsection (2A) (as inserted by subsection (4)) insert—

      “(2B) Where the Privy Council is considering whether to make an order under subsection (1) above specifying an institution as mentioned in subsection (1)(b) above, the Privy Council may not make the order unless—

        (a) the institution gives the Privy Council a statement setting out what it proposes to do as regards making arangements for securing that any person granted an award under or by virtue of any power that would be conferred on the institution if the order were made (other than the power described in subsection (4A) below) has an opportunity to progress to one or more particular courses of more advanced study;

        (b) the Privy Council considers that the proposals are satisfactory and are likely to be carried out; and

        (c) the Privy Council has published the criteria by which proposals are considered satisfactory.”’.

Sarah Teather
Greg Mulholland

8

# Clause 17, page 12, line 16, leave out ‘may’ and insert ‘shall’.

Sarah Teather
Greg Mulholland

9

# Clause 17, page 12, line 24, leave out ‘may’ and insert ‘shall’.


Mr John Hayes

32

# Clause 20, page 13, line 41, leave out ‘or’.

Mr John Hayes

33

# Clause 20, page 13, line 42, at beginning insert ‘local’.

Mr John Hayes

34

# Clause 20, page 13, line 42, at end insert ‘and

        (c) sector skills councils,’.


Mr John Hayes

30

# Clause 21, page 14, line 12, at end insert—

      ‘(1A) In subsection (1) after “principal of further education institution” insert “or Chief Executive of the Learning and Skills Council.”’.


New Clauses Relating to part 2

Intervention: England

Bill Rammell

NC1

    To move the following Clause:—

      ‘Before section 57 of FHEA 1992, insert—

      (1) This section applies if the Learning and Skills Council for England is satisfied as to one or more of the matters listed in subsection (2) in the case of an institution in England within the further education sector; and it is immaterial whether or not a complaint is made by any person.

        (b) that the institution’s governing body have failed to discharge any duty imposed on them by or for the purposes of any Act;

      (3) If this section applies the council may do one or more of the things listed in subsection (5).

      (4) If the council does one or more of those things, it must at the same time give the institution’s governing body a notice stating—

        (a) the matter or matters listed in subsection (2) as to which the council is satisfied;

        (b) the reasons why the council is so satisfied;

        (c) the reasons why the council has decided to do that thing or those things.

        (a) remove all or any of the members of the institution’s governing body;

        (b) appoint new members of that body if there are vacancies (however arising);

      (6) The directions that may be given to a governing body under this section include a direction requiring a governing body to make collaboration arrangements (within the meaning of section 166 of the Education and Inspections Act 2006) with such bodies and on such terms as may be specified in the direction.

      (7) Directions may be given to a governing body under this section despite any enactment making the exercise of a power or performance of a duty contingent on the body’s opinion.

      (8) The council may not direct a governing body under subsection (5)(c) to dismiss a member of staff.

      (9) But subsection (8) does not prevent the council, where it considers that it may be appropriate to dismiss a member of staff whom the governing body have power under their institution’s articles of government to dismiss, from giving the governing body such directions under this section as are necessary to secure that the procedures applicable to the consideration of the case for dismissal of that member of staff are given effect to in relation to that member of staff.

      (10) A governing body must comply with any directions given to them under this section.

    56B Intervention policy: England

        (a) prepare a statement of its policy with respect to the exercise of its powers under section 56A,

        (b) keep it under review, and

        (c) if it considers it appropriate in consequence of a review, prepare a revised statement of its policy.

      (2) When preparing a statement or revised statement of its policy, the council must—

        (a) undertake such consultation as it thinks appropriate;

        (b) consider any representations made to it about the policy to be set out in the statement.

      (4) It is the duty of the council to have regard to any guidance given to it under subsection (3).

      (5) The council must send a copy of the statement or revised statement prepared by it to the Secretary of State.

      (6) If the Secretary of State approves it he shall lay a copy of it before each House of Parliament.

      (7) The council must publish—

        (a) the statement of its policy approved by the Secretary of State;

        (b) where the Secretary of State approves a revised statement of its policy, the revised statement.

      (8) The council must have regard to the statement most recently published under subsection (7) in exercising, or deciding whether to exercise, any of its powers under section 56A in relation to an institution.

      (1) This section applies if—

        (a) the Secretary of State is satisfied as to one or more of the matters listed in section 56A(2) in the case of an institution in England within the further education sector, and

        (b) the Secretary of State is satisfied that the circumstances are such that it would be appropriate for the Learning and Skills Council for England to do one or more of the things listed in section 56A(5) in relation to the institution.

      (3) Where the Secretary of State gives the council a direction under this section, he must at the same time give the council a notice stating the matter or matters listed in section 56A(2) as to which he is satisfied.

      (4) The council must comply with any directions given to it under this section.

      (5) Where the council does a thing listed in section 56A(5) in relation to an institution in compliance with a direction under this section—

        (a) the council must give the institution’s governing body a copy of the relevant notice under subsection (3), and

        (b) the requirement to give a notice under section 56A(4) does not apply.”’.


Intervention: Wales

Bill Rammell
Nick Ainger

NC2

    To move the following Clause:—

      ‘(1) Section 57 of FHEA 1992 (intervention) is amended as set out in subsections (2) to (4).

      (2) In subsection (2) (conditions for intervention), for paragraph (d) substitute—

        “(d) they are satisfied that the institution is performing significantly less well than it might in all the circumstances reasonably be expected to perform, or is failing or likely to fail to give an acceptable standard of education or training.”

      (3) After subsection (5) insert—

      “(5A) The directions that may be given to a governing body under this section include a direction requiring a governing body to make collaboration arrangements (within the meaning of section 166 of the Education and Inspections Act 2006) with such bodies and on such terms as may be specified in the direction.”

      (4) After subsection (6) insert—

      “(6A) The Welsh Ministers may not direct a governing body under subsection (5)(c) to dismiss a member of staff.

      (6B) But subsection (6A) does not prevent the Welsh Ministers, where they consider that it may be appropriate to dismiss a member of staff whom the governing body have power under their institution’s articles of government to dismiss, from giving the governing body such directions under this section as are necessary to secure that the procedures applicable to the consideration of the case for dismissal of that member of staff are given effect to in relation to that member of staff.”

      (5) After section 57 of FHEA 1992 insert—

    57A Intervention policy: Wales

        (a) prepare a statement of their policy with respect to the exercise of their powers under section 57,

        (b) keep it under review, and

        (c) if they consider it appropriate in consequence of a review, prepare a revised statement of their policy.

      (2) When preparing a statement or revised statement of their policy, the Welsh Ministers must—

        (a) undertake such consultation as they think appropriate;

        (b) consider any representations made to them about the policy to be set out in the statement.

      (3) The Welsh Ministers must lay before the National Assembly for Wales a copy of any statement or revised statement prepared by them under this section.

      (4) The Welsh Ministers must publish any statement or revised statement prepared by them under this section.

      (5) The Welsh Ministers must have regard to the statement most recently published under subsection (4) in exercising, or deciding whether to exercise, any of their powers under section 57 in relation to an institution.”’.


Mr John Hayes

31

# Clause 22, page 15, line 4, at end insert ‘and

        (c) the class must include organisations representative of persons who are liable to make payments by way of levy in consequence of the levy proposals.’.


Bill Rammell
Nick Ainger

4

Schedule 1, page 22, line 23, at end insert—

    ‘ (1) Section 57 (intervention) is amended as follows.

    (2) In subsection (1), after “an institution” insert “in Wales”.

    (3) In subsection (2)—

      (a) in paragraph (a), for “the Secretary of State is” substitute “the Welsh Ministers are”;

      (b) in paragraphs (b) and (c), for “he is” substitute “they are”.

    (4) Omit subsection (3).

    (5) In subsection (4), for “the Secretary of State” substitute “the Welsh Ministers”.

    (6) In subsection (5)—

      (a) for “He may” substitute “They may”;

      (b) in paragraph (c), for “he thinks” substitute “they think”.

    (7) In the heading, after “Intervention” insert “: Wales”.’.


Bill Rammell
Nick Ainger

5

Schedule 2, page 23, line 26, at end insert—

‘Section 57(3).’.

Bill Rammell
Nick Ainger

6

Schedule 2, page 23, line 39, at end add—

Education and Inspections Act 2006 (c. 40) In Schedule 14, paragraph 18.’.

Dr Roberta Blackman-Woods

12

# Clause 29, page 19, line 40, at end insert—

      ‘“accredited voluntary body” means any voluntary body which is at the relevant time accredited by a recognised organisation or by a body or group of people approved by a recognised organisation for purposes including the bestowal of such accreditation;

      “compulsory school age” has the same meaning as in section 8 of the Education Act 1996 (c. 56);’.

 
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Prepared: 11 June 2007