House of Commons Amendments

House of Commons

Session 2006 - 07
Internet Publications
Other Bills before Parliament

Public Bill Committee: 12th June 2007
38

Further Education and Training Bill–[ [], continued

(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: 12th June 2007
39

Further Education and Training Bill–[ [], 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: 12th June 2007
40

Further Education and Training Bill–[ [], 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.”’.

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).’.

Public Bill Committee: 12th June 2007
41

Further Education and Training Bill–[ [], continued

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

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

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.’.

Dr Roberta Blackman-Woods

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—

Public Bill Committee: 12th June 2007
42

Further Education and Training Bill–[ [], continued

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

made by the Welsh Ministers by order.’.

Dr Roberta Blackman-Woods

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

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;

(c)
his post-16 educational and training aims and requirements;

(d)
the most effective way of achieving his post-16 educational and training

aims and requirements; and

(e)
his other interests and skills.’.

Public Bill Committee: 12th June 2007
43

Further Education and Training Bill–[ [], continued

Mentors for young persons

Dr Roberta Blackman-Woods

NC4

To move the following Clause:—

‘(1)
Every young person shall be entitled to access to a person (“mentor”) who shall

have individual responsibility to give guidance and advice to the young person.

(2)
Where the young person is a student, the mentor shall be nominated by the school

at which he is a student.

(3)
Where the young person is in training or employment, the mentor shall be

nominated by the person who provides the training or employment for the young

person.

(4)
The mentor may be selected from any accredited voluntary body which provides

services for young persons.

(5)
Without prejudice to the generality of subsection (1), the mentor’s duties shall

include—

(a)
assisting the young person in preparation for undertaking post-16 full-

time and part-time education qualifications;

(b)
assisting the young person in preparation for post-16 training;

(c)
advising on career development and employment opportunities; and

(d)
advising on acquiring other skills and on other opportunities, including

engaging in voluntary work.

(6)
The mentor shall arrange meetings on a regular basis with each young person for

whom he is responsible.

(7)
The meetings referred to in subsection (6) may be held in person or through other

means of communication.’.

Provision for young persons with special educational needs and disabilities

Dr Roberta Blackman-Woods

NC5

To move the following Clause:—

‘(1)
This section applies when a local educational authority maintains a statement of

special educational needs for a young person under section 324 of the Education

Act 1996 (c. 56).

(2)
A local education authority shall arrange for the provision of advice and

information of the type described in subsection (3) to—

(a)
young persons in their area with special educational needs or who are

disabled; and

(b)
parents or guardians of young persons in their area with special

educational needs or who are disabled.

(3)
The advice and information mentioned in subsection (2) shall include advice and

information about—

(a)
post-16 full-time and part-time education;

(b)
post-16 training;

(c)
career development and employment opportunities; and

Public Bill Committee: 12th June 2007
44

Further Education and Training Bill–[ [], continued

(d)
acquiring other skills and opportunities, including engaging in voluntary

work.’.

Community leadership programme

Dr Roberta Blackman-Woods

NC6

To move the following Clause:—

‘(1)
The Secretary of State may provide or secure the provision of services to

encourage, enable or assist (directly or indirectly) the creation of programmes for

young persons to develop skills and qualifications.

(2)
The programmes referred to in subsection (1) shall in particular make provision

for the development of leadership skills and skills for future employment.

(3)
In securing the provision of the services referred to in subsection (1) the Secretary

of State may, in particular—

(a)
consult voluntary bodies which provide youth and adult training, training

in skills, management and enterprise, community projects, training and

employment schemes and services, including those for young persons

with special educational needs or those with disabilities;

(b)
make arrangements with local education authorities and other persons for

the provision of such services; and

(c)
direct local education authorities to provide such services, to secure the

provision of such services or to participate in the provision of such

services.’.

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.’.