House of Commons Amendments

House of Commons

Session 2006 - 07
Internet Publications
Other Bills before Parliament

31

House of Commons

Tuesday 12th 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]

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)].

Public Bill Committee: 12th June 2007
32

Further Education and Training Bill–[ [], continued

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’.

Public Bill Committee: 12th June 2007
33

Further Education and Training Bill–[ [], continued

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.’.

Public Bill Committee: 12th June 2007
34

Further Education and Training Bill–[ [], continued

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

Public Bill Committee: 12th June 2007
35

Further Education and Training Bill–[ [], continued

(c)
the Privy Council has published the criteria by which proposals

are considered satisfactory.”’.

Mr John Hayes

Angela Watkinson

37


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—

(i)
gives the Privy Council a statement setting out the

arrangements for partnership working between relevant

institutions,

(ii)
arranges for progression to one or more courses of more

advanced study which have been confirmed in writing

by at least one institution mentioned in subsection (1)(a)

or one body awarding advanced professional

qualifications, and

(iii)
places a duty on parties to the agreement to advertise

courses and qualifications detailed therein;

(b)
the institution shall as a condition of that order continue to secure

guaranteed arrangements for progression to one or more courses

of advanced study which have been confirmed in writing by at

least one institution mentioned in subsection (1)(a) or body

awarding advanced professional qualifications;

(c)
the Privy Council considers that the arrangements are

satisfactory and are likely to be carried out.”’.

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’.

Public Bill Committee: 12th June 2007
36

Further Education and Training Bill–[ [], continued

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—

“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).

(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;

Public Bill Committee: 12th June 2007
37

Further Education and Training Bill–[ [], continued

(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;

(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.