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Further Education and Training Bill [HL]


 
 

 

Further Education and Training Bill [HL]

LORDS DISAGREEMENTS AND REASONS

[The page and line references are to Bill 75, the bill as first printed for the Commons]

After Clause 16

1

Insert the following new Clause—

 

“Intervention: England

 

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;

 

(b)    

the reasons why the council is so satisfied;

 
 
Bill 15354/2

 
 

 

(  2  )

 
 

(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  )

 
 

(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.””

 

lords DISAGREEMENT AND REASON

 

The Lords disagree to Commons Amendments Nos. 1, 2, 4, 6, 7 and 8 for the following

 

Reason—


 
 

 

(  4  )

1A

Because the proposed delegations of powers of intervention are inappropriate.

2

Insert the following new Clause—

 

“Intervention: Wales

 

(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.


 
 

 

(  5  )

 
 

(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.””

 

lords DISAGREEMENT AND REASON

 

The Lords disagree to Commons Amendments Nos. 1, 2, 4, 6, 7 and 8 for the following

 

Reason—

2A

Because the proposed delegations of powers of intervention are inappropriate.

Clause 30

4

Page 20, line 8, at end insert—

 

“( )    

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

 

made by the Welsh Ministers by order.”

 

lords DISAGREEMENT AND REASON

 

The Lords disagree to Commons Amendments Nos. 1, 2, 4, 6, 7 and 8 for the following

 

Reason—

4A

Because the proposed delegations of powers of intervention are inappropriate.

Schedule 1

6

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”.”

 

lords DISAGREEMENT AND REASON

 

The Lords disagree to Commons Amendments Nos. 1, 2, 4, 6, 7 and 8 for the following

 

Reason—


 
 

 

(  6  )

6A

Because the proposed delegations of powers of intervention are inappropriate.

Schedule 2

7

Page 23, line 26, at end insert—

  

“Section 57(3).”

 
 

lords DISAGREEMENT AND REASON

 

The Lords disagree to Commons Amendments Nos. 1, 2, 4, 6, 7 and 8 for the following

 

Reason—

7A

Because the proposed delegations of powers of intervention are inappropriate.

8

Page 23, line 39, at end insert—

 

Education and Inspections Act

In Schedule 14, paragraph 18.”

 
 

2006 (c. 40)

  
 

lords DISAGREEMENT AND REASON

 

The Lords disagree to Commons Amendments Nos. 1, 2, 4, 6, 7 and 8 for the following

 

Reason—

8A

Because the proposed delegations of powers of intervention are inappropriate.


 
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