House of Commons Amendments

House of Commons

Session 2007 - 08
Internet Publications
Other Bills before Parliament

13

(5)
The person providing the support (the “service provider”) must consider

that providing it on a conditional basis would be desirable in the interests

of encouraging, enabling or assisting the young person—

(a)
to fulfil the duty imposed by section 2, in a case where the young

person is a person to whom Part 1 applies, or

(b)
in any case, to participate effectively in education or training.

(6)
The learning and support conditions must be conditions—

(a)
determined in consultation between the service provider and the

young person, having regard to an assessment of the young

person’s needs conducted by the service provider and the young

person for the purposes of this section, and

(b)
to which in the course of that consultation the young person has

agreed;


and the service provider must make arrangements for the learning and

support conditions to be reviewed periodically.

(7)
Learning and support agreements made by virtue of subsection (1) do not

create any obligations in respect of whose breach any liability arises in

contract or in tort.

(8)
Subsection (1) is subject to section 54(2) and (4).”
Clause 80
41
Page 50, line 6, leave out “Chief Inspector” and insert “Secretary of State”
42
Page 50, line 10, leave out “Chief Inspector” and insert “Secretary of State”
43
Page 50, line 11, leave out “Chief Inspector” and insert “Secretary of State”
Clause 82
44
Page 50, line 32, at end insert—

“( )
This section does not confer power to inspect or take copies of anything of

a kind specified in section 9(2) of the Police and Criminal Evidence Act 1984

(c. 60) (legally privileged material etc).”
Clause 83
45
Page 51, line 4, leave out “Chief Inspector” and insert “Secretary of State”
46
Page 51, line 21, at end insert—

“(4)
The Secretary of State must notify the Chief Inspector of an application

under this section.”
Clause 84
47
Page 51, line 23, leave out from “the” to “on” in line 25 and insert “Chief Inspector

is notified under section 83(4) that an institution has applied to be entered on the

register, the Chief Inspector must—

(a)
inspect the institution, and

(b)
make a report to the Secretary of State”
48
Page 51, line 25, leave out “it appears from the inspection that”

14
49
Page 51, line 29, leave out “Chief Inspector” and insert “Secretary of State”
50
Page 51, line 30, leave out “findings on the inspection” and insert “report of the

Chief Inspector”
51
Page 51, line 35, leave out “Chief Inspector” and insert “Secretary of State”
52
Page 51, line 37, leave out “Chief Inspector” and insert “Secretary of State”
53
Page 51, line 40, leave out “Chief Inspector” and insert “Secretary of State”
Clause 85
54
Page 52, line 4, leave out “Chief Inspector” and insert “Secretary of State”
55
Page 52, line 10, leave out “Chief Inspector” and insert “Secretary of State”
56
Page 52, line 11, leave out “Chief Inspector” and insert “Secretary of State”
57
Page 52, line 13, leave out “Chief Inspector’s” and insert “Secretary of State’s”
Clause 87
58
Page 52, line 34, leave out “Chief Inspector” and insert “Secretary of State”
Clause 88
59
Page 53, line 3, leave out “Chief Inspector may” and insert “Secretary of State may

direct the Chief Inspector to”
60
Page 53, line 4, leave out from beginning to “on” in line 5 and insert “Where such

a direction is given, the Chief Inspector must—

(a)
inspect the institution, and

(b)
make a report to the Secretary of State”
61
Page 53, line 5, leave out “it appears from the inspection that”
62
Page 53, line 8, leave out “subsection (2)” and insert “this section”
63
Page 53, line 9, after “standard” insert “—

(a)
specified by the Secretary of State for the purposes of the inspection,

or

(b)
”
Clause 89
64
Page 53, line 13, leave out “Chief Inspector” and insert “Secretary of State”
65
Page 53, line 18, leave out “Chief Inspector” and insert “Secretary of State”
66
Page 53, line 20, leave out “the findings on any inspection carried out” and insert

“any report of the Chief Inspector”
67
Page 53, line 23, leave out “Chief Inspector” and insert “Secretary of State”
Clause 90
68
Page 53, line 31, leave out “Chief Inspector” and insert “Secretary of State”
69
Page 53, line 39, leave out “Chief Inspector” and insert “Secretary of State”

15
70
Page 53, line 41, leave out “Chief Inspector’s” and insert “Secretary of State’s”
Clause 93
71
Page 54, line 35, leave out from beginning to “likely” in line 36 and insert “make a

report to the Secretary of State, in relation to each inspection, on the extent to which

any relevant standard is being met, and is”
72
Page 54, line 37, at end insert—

“( )
In this section “any relevant standard”, in relation to an inspection, means

any independent educational institution standard that is—

(a)
specified by the Secretary of State for the purposes of the inspection,

or

(b)
considered to be relevant by the Chief Inspector in the

circumstances of the case.”
73
Page 54, line 39, leave out from beginning to end of line 10 on page 55 and insert

“make a report if the Chief Inspector has been notified by the Secretary of State that

the institution is to be inspected instead by an independent inspectorate.”
Clause 94
74
Page 55, line 21, after “may” insert “at any time”
75
Page 55, line 26, at end insert “in relation to the institution”
76
Page 55, line 26, at end insert—

“( )
The Secretary of State may at any time arrange for an independent

inspectorate—

(a)
to inspect a registered independent educational institution in

relation to which it is approved under section 91, and

(b)
to make a report to the Secretary of State on the extent to which any

relevant standard is being met in relation to the institution.”
77
Page 55, line 28, leave out from “standard” to end and insert “that is—

(a)
specified by the Secretary of State for the purposes of the inspection,

or

(b)
considered to be relevant by the person carrying out the inspection

in the circumstances of the case.”
Clause 95
78
Leave out Clause 95
Clause 96
79
Page 56, line 21, at end insert—

“( )
This section does not confer power to inspect or take copies of anything of

a kind specified in section 9(2) of the Police and Criminal Evidence Act 1984

(c. 60) (legally privileged material etc).”
Clause 97
80
Page 56, line 32, leave out “or times”

16
81
Page 56, line 33, leave out subsections (3) and (4) and insert—

“(2A)
Regulations under this section may make provision—

(a)
for determining the amount of a fee by reference to circumstances

obtaining at a time before the inspection to which it relates takes

place;

(b)
requiring two or more fees to be paid in respect of an inspection

under section 93 (inspections at prescribed intervals);

(c)
requiring a fee to be paid at a time before the inspection to which it

relates takes place;

(d)
prescribing circumstances in which the amount of a fee may be

varied or a fee may be waived;

(e)
conferring a discretion on the Secretary of State.

(2B)
The power in subsection (2A)(c)—

(a)
does not include power to make provision requiring a fee in respect

of an inspection under section 93 to be paid at any time at which an

independent inspectorate is approved in relation to the institution;

(b)
includes power to make provision as to circumstances in which a

fee is not to be refunded (and any requirement to pay a fee is to be

unaffected) if the inspection to which it relates does not take place.

(2C)
Without prejudice to section 147(4), regulations under this section may

make different provision—

(a)
for inspections of different descriptions of institution, or

(b)
for inspections carried out for different purposes or in different

circumstances.”
Clause 98
82
Page 57, line 5, leave out “Chief Inspector” and insert “Secretary of State”
83
Page 57, line 7, leave out “Chief Inspector” and insert “Secretary of State”
84
Page 57, line 9, leave out “Chief Inspector’s” and insert “Secretary of State’s”
Clause 99
85
Page 57, line 15, leave out “may arrange for the publication of” and insert “must

comply with a direction given by the Secretary of State to publish”
Clause 100
86
Page 57, line 22, leave out “Chief Inspector” and insert “Secretary of State”
87
Page 57, line 26, leave out paragraph (a)
88
Page 57, line 27, after “by” insert “the Chief Inspector or”
89
Page 57, line 30, leave out “Chief Inspector” and insert “Secretary of State”
90
Page 57, line 32, leave out “Chief Inspector” and insert “Secretary of State”
91
Page 57, line 38, leave out “Chief Inspector” and insert “Secretary of State”
92
Page 58, line 2, leave out “Chief Inspector” and insert “Secretary of State”
93
Page 58, line 6, leave out first “Chief Inspector” and insert “Secretary of State”