House of Commons Amendments

House of Commons

Session 2006 - 07
Internet Publications
Other Bills before Parliament

47

House of Commons

Thursday 14th June 2007

Public Bill Committee

New Amendments handed in are marked thus

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

Further Education and Training Bill [Lords]

New Clauses Relating to part 2

Intervention: England

Bill Rammell

NC1

To move the following Clause:—

‘Before section 57 of FHEA 1992, insert—

“56A
Intervention: England

(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.

(2)
The matters are—

(a)
that the institution’s affairs have been or are being mismanaged

by the institution’s governing body;

(b)
that the institution’s governing body have failed to discharge any

duty imposed on them by or for the purposes of any Act;

(c)
that the institution’s governing body have acted or are proposing

to act unreasonably with respect to the exercise of any power

conferred or the performance of any duty imposed by or under

any Act;

(d)
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)
If this section applies the council may do one or more of the things listed

in subsection (5).

Public Bill Committee: 14th June 2007
48

Further Education and Training Bill [Lords], continued

(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.

(5)
The council may—

(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);

(c)
give to that body such directions as it thinks expedient as to the

exercise of their powers and performance of their duties.

(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.

(11)
An appointment of a member of a governing body under this section shall

have effect as if made in accordance with the instrument of government

and articles of government of the institution concerned.

56B
Intervention policy: England

(1)
The Learning and Skills Council for England must—

(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;

Public Bill Committee: 14th June 2007
49

Further Education and Training Bill [Lords], continued

(b)
consider any representations made to it about the policy to be set

out in the statement.

(3)
The Secretary of State may give the council guidance in relation to the

exercise of its functions under subsections (1) and (2), and in particular

in relation to the form and content of the policy.

(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.

56C
Directions

(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.

(2)
In such a case the Secretary of State may give to the council such

directions as he thinks fit as to the exercise of the council’s powers under

section 56A.

(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.”’.

Public Bill Committee: 14th June 2007
50

Further Education and Training Bill [Lords], continued

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

(1)
The Welsh Ministers must—

(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.

Public Bill Committee: 14th June 2007
51

Further Education and Training Bill [Lords], continued

(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.”’.

Report on inspection bodies etc.

Mr John Hayes

Angela Watkinson

nc7


To move the following Clause:—

‘(1)
The Secretary of State shall lay before Parliament an independent report to

Parliament on the operational efficiency and effectiveness of organisations

responsible for the monitoring and inspection of further education institutions.

(2)
The Secretary of State shall by order define those organisations subject to such a

report.

(3)
A report under subsection (1) above shall be published annually for the first five

years after this section comes into force.’.

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”.

Public Bill Committee: 14th June 2007
52

Further Education and Training Bill [Lords], continued

      (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
In Schedule 14, paragraph 18.’.

2006 (c. 40)

Dr Roberta Blackman-Woods

Ms Angela C. Smith

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);’.

Dr Roberta Blackman-Woods

Ms Angela C. Smith

13

Clause  29,  page  19,  line  42,  at end add—

‘“school” means—

(a)
a maintained school;

(b)
an Academy;

(c)
a city technology college;

(d)
a city college for the technology of the arts;

“young person” means a person who is—

(a)
in his last year of compulsory schooling; or

(b)
over compulsory school age but has not yet attained the age of

19.’.

Public Bill Committee: 14th June 2007
53

Further Education and Training Bill [Lords], continued

Dr Roberta Blackman-Woods

Ms Angela C. Smith

14

Clause  30,  page  20,  line  4,  after ‘24,’, insert ‘[Assessment of students in last year of

compulsory schooling], [Mentors for young persons], [Provision for young persons with

special educational needs and disabilities], [Community leadership programmes],’.

Bill Rammell

Nick Ainger

3

Clause  30,  page  20,  line  8,  at end insert—

‘( )
Section (Intervention: Wales) comes into force in accordance with provision

made by the Welsh Ministers by order.’.

Dr Roberta Blackman-Woods

Ms Angela C. Smith

16

Clause  31,  page  20,  line  24,  at end insert—

‘(3A)
The following provisions apply to England only—


sections [Assessment of students in last year of compulsory schooling],

[Mentors for young persons], [Provision for young persons with special

educational needs and disabilities] and [Community leadership

programmes].’.

Bill Rammell

1

Clause  32,  page  20,  line  29,  leave out subsection (2).

Remaining New Clauses

Assessment of students in last year of compulsory schooling

Dr Roberta Blackman-Woods

Ms Angela C. Smith

NC3

To move the following Clause:—

‘(1)
The Secretary of State shall arrange for an assessment of every student to be

carried out at some time during the student’s last year of compulsory schooling.

(2)
An assessment of a student under subsection (1) shall result in a personal profile

setting out an assessment of—

(a)
his educational achievements to date;

(b)
his other extra-curricular achievements;