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| | Thursday 31st January 2008 |
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| | New Amendments handed in are marked thus  |
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| | Other Amendments not tabled within the required notice period are marked thus  |
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| | Education and Skills Bill
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| | | The Amendments have been arranged in accordance with the Order of the |
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| | | Committee [22nd January]. |
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| | Clause 1, page 1, line 10, at end insert ‘; and |
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| | | (d) | who agrees in writing, on ceasing to be of compulsory school age, that it |
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| | Clause 1, page 1, line 10, at end insert ‘; and |
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| | | (d) | is not participating in a gap year prior to pursuing a level 3 qualification |
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| | Clause 1, page 1, line 10, at end add ‘, and |
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| | | ‘(d) | has not been issued with a waiver certificate by a local authority.’. |
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| | Clause 2, page 1, leave out line 12 and insert— |
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| | | ‘(1) | A local authority in England shall enable and assist a person belonging to its area |
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| | | to whom this Part applies to—’. |
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| | Clause 2, page 1, line 12, leave out ‘must’ and insert ‘shall be entitled to’. |
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| | Clause 2, page 1, line 12, leave out from ‘applies’ to end of line 20 and insert— |
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| | | (a) | to participate in appropriate full time education or training, |
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| | | (b) | to participate in training in accordance with a contract of apprenticeship, |
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| | | (c) | whilst in full time occupation, to participate in sufficient relevant training |
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| | | or education in each relevant period.’. |
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| | Clause 2, page 1, line 17, leave out from beginning to end of line 8 on page 2 and |
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| | | ‘(c) | be in full-time occupation (see section 5).’. |
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| | Clause 2, page 2, line 8, at end add— |
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| | | ‘(3) | The Secretary of State shall specify by order arrangements and duties applicable |
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| | | to a person to whom this Part applies who has significant responsibilities for |
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| | | caring for parents, siblings or other close relatives.’. |
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| | Clause 2, page 2, line 8, at end add— |
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| | | ‘(3) | The Secretary of State shall specify by order arrangements and duties applicable |
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| | | to a person to whom this Part applies who has significant responsibilities for |
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| | | caring for their own children.’. |
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| | Clause 2, page 2, line 8, at end add— |
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| | | ‘( ) | This section may not come into force before the Secretary of State has certified |
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| | | that in his opinion there are sufficient contracts of apprenticeship available to |
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| | | meet in full the level of demand for such contracts by persons to whom this Part |
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| | Clause 3, page 2, line 11, after ‘means,’, insert— |
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| | | ‘(a) | the Cambridge Assessment Pre-U qualification in two subjects, and, |
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| | Clause 3, page 2, line 20, at end insert ‘, subject to the approval of the Secretary of |
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| | Clause 3, page 2, leave out lines 23 and 24. |
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| | Clause 5, page 2, line 41, leave out ‘20’ and insert ‘16’. |
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| | Clause 5, page 3, line 19, leave out from ‘week’ to ‘and’ in line 20. |
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| | Clause 5, page 3, line 23, at end insert— |
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| | | ‘( ) | Section 234 of the Employment Rights Act 1996 (c. 18) (construction of |
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| | | references to normal working hours where employee entitled to overtime pay) |
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| | | applies for the purposes of the definition of “normal weekly working hours” in |
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| | | subsection (4) as it applies for the purposes of that Act.’. |
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| | | Clause 6, page 3, line 45, leave out from ‘Part’ to end of line 46 and insert ‘training |
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| | or education in relation to any person to whom this Part applies shall be regarded as |
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| | “relevant” if and only if, it is either— |
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| | | (a) | training or education towards an accredited qualification provided by a |
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| | | (b) | training or education which, if the person concerned were participating in |
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| | | full time education or training, would be considered appropriate having |
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| | | regard to the person’s age, ability and aptitude and any learning |
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| | | difficulties which the person may have.’. |
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| | Clause 6, page 3, line 46, at end insert— |
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| | | ‘(1A) | In-house training provided by employers is regarded as “relevant training or |
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| | | education” for the purposes of this Part’. |
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| | Clause 6, page 3, line 46, at end insert— |
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| | | ‘( ) | The Secretary of State may specify by order other non-formal education or |
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| | | training that will be regarded as “relevant training or education” for the purposes |
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| | Clause 6, page 4, line 1, after ‘means’, insert— |
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| | | ‘(a) | the iGCSE and Cambridge Assessment Pre-U qualifications; and |
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| | Page 3, line 44, leave out Clause 6. |
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| | Page 4, line 5, leave out Clause 7. |
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| | Page 4, line 19, leave out Clause 8. |
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| | Page 5, line 7, leave out Clause 9. |
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| | | Clause 10, page 5, line 32, leave out from ‘must’ to ‘persons’ in line 34 and insert |
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| | ‘secure a sufficient and appropriate supply of provision for’. |
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| | Clause 10, page 5, line 35, leave out from ‘applies’ to end of line 36. |
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| | Clause 10, page 5, line 35, leave out ‘fulfil the duty imposed’ and insert ‘exercise |
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| | Clause 10, page 5, line 36, at end add— |
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| | | ‘(2) | In exercising its functions in subsection (1), a local authority must ensure that it |
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| | | promotes the effective participation of persons belonging to its area to whom this |
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| | | Part applies and who have special educational needs.’. |
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| | Clause 10, page 5, line 36, at end add— |
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| | | ‘(2) | The local authority shall have the power to grant a waiver from the duty imposed |
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| | | by section 2 where it believes that this would not be in the best interests of the |
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| | Clause 10, page 5, line 36, at end add— |
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| | | ‘(2) | Each local authority shall conduct an annual audit into the sufficiency and |
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| | | diversity of educational provision to assess its adequacy for fulfilling its functions |
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| | Clause 10, page 5, line 36, at end insert— |
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| | | ‘(2) | In subsection (2) of section 47 of the Schools Standards and Framework Act 1998 |
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| | | (Determination of school’s budget share), after paragraph (g) insert— |
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| | | “(h) | requiring local education authorities to have regard, in |
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| | | determining the resources required for each school and college |
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| | | maintained by them, to the duty imposed on such authorities by |
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| | | section 10 of the Education and Skills Act 2008.”’. |
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| | | Clause 11, page 6, line 8, at end insert— |
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| | | (f) | a city technology college, |
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| | | (g) | a city college for the technology of the arts, and |
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| | | (h) | special schools which are not community or foundation special schools |
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| | | but are for the time being approved by the Secretary of State under |
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| | | section 342 of the Education Act 1996 (c. 56) (approval of special |
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| | Clause 12, page 6, line 22, leave out ‘failing to fulfil the duty imposed’ and insert |
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| | ‘not exercising the right conferred’. |
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| | Page 6, line 18, leave out Clause 12. |
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