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1693

 

House of Commons

 
 

Notices of Amendments

 

given up to and including

 

Tuesday 9th October 2007

 

Consideration of Lords Message


 

Further Education and Training Bill [Lords]


 

On Consideration of Lords Reasons for disagreeing to the Commons Amendments to the Further


 

Education and Training Bill [Lords]


 

Lords Reasons Nos. 1A, 2A, 4A, 6A, 7A and 8A

 

Secretary Denham

 

To move, That this House does not insist on Commons Amendments Nos. 1, 2, 4, 6, 7 and 8 to

 

which the Lords have disagreed, but proposes the following Amendments to the Bill in lieu of the

 

Commons Amendments:—

 

(a)

 

Page  11,  line  21,  at end 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


 
 

Notices of Amendments: 9th October 2007                  

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Further Education and Training Bill [Lords] continued

 
 

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 (6).

 

(4)    

Before doing one or more of those things, the council must give the

 

Secretary of State 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 thing or things that the council proposes to do;

 

(d)    

the reasons why the council proposes to do that thing or those

 

things.

 

(5)    

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.

 

(6)    

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.

 

(7)    

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.

 

(8)    

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.

 

(9)    

The council may not direct a governing body under subsection (6)(c) to

 

dismiss a member of staff.

 

(10)    

But subsection (9) 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.


 
 

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Further Education and Training Bill [Lords] continued

 
 

(11)    

A governing body must comply with any directions given to them under

 

this section.

 

(12)    

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.

 

(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(6) 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.


 
 

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Further Education and Training Bill [Lords] continued

 
 

(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(6) 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(5) does not

 

apply.”’.

 

(b)

 

Page  11,  line  21,  at end 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;


 
 

Notices of Amendments: 9th October 2007                  

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Further Education and Training Bill [Lords] continued

 
 

(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.”’.

 

(c)

 

Page  20,  line  8,  at end insert—

 

‘( )    

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

 

made by the Welsh Ministers by order.’.

 

(d)

 

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”.’.

 

(e)

 

Page  23,  line  26,  at end insert—

  

‘Section 57(3).’.

 
 

(f)

 

Page  23,  line  39,  at end insert—

 

Education and Inspections Act

In Schedule 14, paragraph 18.’.

 
 

2006 (c. 40)

  
 

 

 

Order of the House [21st May 2007]

 

That the following provisions shall apply to the Further Education and Training Bill

 

[Lords]:

 

Committal

 

1.    

The Bill shall be committed to a Public Bill Committee.


 
 

Notices of Amendments: 9th October 2007                  

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Further Education and Training Bill [Lords] continued

 
 

Proceedings in Public Bill Committee

 

2.    

Proceedings in the Public Bill Committee shall (so far as not previously

 

concluded) be brought to a conclusion on Thursday 21st June 2007.

 

3.    

The Public Bill Committee shall have leave to sit twice on the first day on

 

which it meets.

 

Consideration and Third Reading

 

4.    

Proceedings on consideration shall (so far as not previously concluded) be

 

brought to a conclusion one hour before the moment of interruption on the

 

day on which those proceedings are commenced.

 

5.    

Proceedings on Third Reading shall (so far as not previously concluded) be

 

brought to a conclusion at the moment of interruption on that day.

 

6.    

Standing Order No. 83B (Programming committees) shall not apply to

 

proceedings on consideration and Third Reading.

 

Other proceedings

 

7.    

Any other proceedings on the Bill (including any proceedings on

 

consideration of any message from the Lords) may be programmed.

 


 
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