Apprenticeships, Skills, Children and Learning Bill

House of Commons

Session 2008 - 09
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Other Bills before Parliament

Apprenticeships, Skills, Children and Learning Bill

Apprenticeships, Skills, Children and Learning Bill
Part 13 — General
149

(b)
any expenditure incurred by virtue of this Act by the Office of Qualifications
and Examinations Regulation, and
(c)
any increase attributable to this Act in the sums payable by virtue of any other
Act out of money provided by Parliament.
(2)
Any sums received by the Secretary of State by virtue of Chapter 1 of Part 1, section
5
75(3)(c), paragraph 18(3)(d) of Schedule 3 or paragraph 6(3)(d) of Schedule 4 are to be
paid into the Consolidated Fund.
254
Extent
(1)
This Act extends to England and Wales only, subject to subsections (2) to (4).
(2)
Sections 39, 65, 66, 103, 104 and this Part also extend to Scotland.
10
(3)
Sections 65, 67, 103, 105, Part 7, sections 243 and 244 and this Part also extend
to Northern Ireland.
(4)
An amendment, repeal or revocation made by this Act has the same extent as
the provision to which it relates.
255
Commencement
15
(1)
This Part (except section 252) comes into force on the day on which this Act is
passed.
(2)
The following provisions of this Act come into force at the end of two months
beginning with the day on which this Act is passed—
(a)
section 55 (and the associated entries in Schedule 16);
20
(b)
sections 186 to 189.
(3)
The following provisions of this Act come into force on such day as the Welsh
Ministers may by order appoint—
(a)
sections 5 to 8;
(b)
sections 9 and 10, so far as relating to Wales;
25
(c)
sections 16 to 20;
(d)
sections 26 to 29;
(e)
section 38, so far as relating to Wales;
(f)
sections 47 to 50, so far as relating to Wales;
(g)
paragraphs 9 and 20 of Schedule 12, so far as relating to Wales (and the
30
associated entries in Schedule 16);
(h)
paragraphs 10 to 14 and 22 of Schedule 12 (and the associated entries in
Schedule 16);
(i)
section 183 so far as it relates to the paragraphs of Schedule 12
mentioned in paragraphs (g) and (h);
35
(j)
section 193 and Schedule 14;
(k)
section 245;
(l)
section 246;
(m)
section 252, so far as it relates to the entries in Schedule 16 mentioned
in paragraphs (g) and (h).
40
(4)
The other provisions of this Act come into force on such day as the Secretary of
State may by order appoint.

Apprenticeships, Skills, Children and Learning Bill
Part 13 — General
150

(5)
The Secretary of State must exercise the power conferred by subsection (4) so
as to secure that, subject to any provision made by virtue of subsection (8),
sections 83 to 91 and 101 are in force no later than the day after the day which
is the school leaving date for 2013.
(6)
Before making an order under subsection (4) bringing into force any provision
5
of Part 7 which confers functions on the Office of Qualifications and
Examinations Regulation in relation to Northern Ireland, the Secretary of State
must consult the Department for Employment and Learning in Northern
Ireland.
(7)
The powers conferred by this section are exercisable by statutory instrument.
10
(8)
An order under this section may—
(a)
appoint different days for different purposes (including different
areas);
(b)
contain transitional, transitory or saving provision in connection with
the coming into force of this Act.
15
256
Short title
(1)
This Act may be cited as the Apprenticeships, Skills, Children and Learning
Act 2009.
(2)
This Act is to be included in the list of Education Acts set out in section 578 of
the Education Act 1996 (c. 56).
20

Apprenticeships, Skills, Children and Learning Bill
Schedule 1 — Employee study and training: minor and consequential amendments
151

Schedules
Schedule 1
Section 39

Employee study and training: minor and consequential amendments
Employment Rights Act 1996 (c. 18)
1
The Employment Rights Act 1996 is amended as follows.
5
2
In section 48 (right to present complaint of detriment to employment
tribunal), in subsection (1) for “or 47E” substitute “, 47E or 47F”.
3
In section 105 (unfair dismissal: redundancy), after subsection (7BA)
insert—
“(7BB)
This subsection applies if the reason (or, if more than one, the
10
principal reason) for which the employee was selected for dismissal
was one of those specified in section 104E.”
4
In section 108(3) (exceptions to one year qualifying period of continuous
employment for claims for unfair dismissal), after paragraph (gj) insert—
“(gk)
section 104E applies,”.
15
5
In section 194 (House of Lords staff), in subsection (2)(e) before “VII” insert
“6A,”.
6
In section 195 (House of Commons staff), in subsection (2)(e) before “VII”
insert “6A,”.
7
In section 199 (mariners)—
20
(a)
in subsection (2), after “47E,” insert “47F,”;
(b)
in that subsection, before “VII” insert “6A,”;
(c)
in subsection (8)(d), before “VII” insert “6A,”.
8
In section 225 (how to calculate a week’s pay in relation to rights during
employment) after subsection (4A) insert—
25
“(4B)
Where the calculation is for the purposes of section 63J, the
calculation date is the day on which the section 63D application was
made.”
9
In section 227(1) (maximum amount of week’s pay) before paragraph (za)
insert—
30
“(zza)
an award of compensation under section 63J(1)(b),”.
10
In section 235(1) (other definitions) at the appropriate place insert—
““section 63D application” has the meaning given by section
63D(2);”.

Apprenticeships, Skills, Children and Learning Bill
Schedule 2 — LEA functions: minor and consequential amendments
152

Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52)
11
The Trade Union and Labour Relations (Consolidation) Act 1992 is amended
as follows.
12
In section 212A (arbitration scheme for unfair dismissal cases etc.), in
subsection (1)—
5
(a)
before paragraph (za) insert—
“(zza)
section 63F(4), (5) or (6) or 63I(1)(b) of the
Employment Rights Act 1996 (study and training);”
(b)
in paragraph (za) for “the Employment Rights Act 1996” substitute
“that Act”.
10
13
In section 237(1A)(a) (cases where employee may complain of unfair
dismissal despite participation in unofficial industrial action)—
(a)
for “or 104D” substitute “, 104D or 104E”;
(b)
for “and pension scheme membership” substitute “, pension scheme
membership, and study and training”.
15
14
In section 238(2A)(a) (cases where employment tribunal to determine
whether dismissal of an employee is unfair despite limitation in subsection
(2) of that section)—
(a)
for “or 104D” substitute “, 104D or 104E”;
(b)
for “and pension scheme membership” substitute “, pension scheme
20
membership, and study and training”.
Employment Tribunals Act 1996 (c. 17)
15
In section 18 of the Employment Tribunals Act 1996 (conciliation), in
subsection (1)(d) after “28,” insert “63F(4), (5) or (6), 63I(1)(b),”.
Schedule 2
25
Section 56

LEA functions: minor and consequential amendments
Education Act 1996 (c. 56)
1
The Education Act 1996 is amended as follows.
2     (1)
Section 13 (general responsibility for education) is amended as follows.
      (2)
In subsection (1) for “and secondary education” substitute “, secondary
30
education and further education”.
      (3)
After subsection (2) insert—
“(3)
The reference in subsection (1) to further education is to further
education for persons who are within section 15ZA(1)(a) or (b).”
3
For section 13A substitute—
35
“13A
Duty to promote high standards and fulfilment of potential
(1)
A local education authority in England must ensure that their
relevant education functions and their relevant training functions

Apprenticeships, Skills, Children and Learning Bill
Schedule 2 — LEA functions: minor and consequential amendments
153

are (so far as they are capable of being so exercised) exercised by the
authority with a view to—
(a)
promoting high standards,
(b)
ensuring fair access to opportunity for education and
training, and
5
(c)
promoting the fulfilment of learning potential by every
person to whom this subsection applies.
(2)
Subsection (1) applies to the following—
(a)
persons under the age of 20;
(b)
persons aged 20 or over but under 25 who are subject to
10
learning difficulty assessment.
(3)
A local education authority in Wales must ensure that their relevant
education functions are (so far as they are capable of being so
exercised) exercised by the authority with a view to—
(a)
promoting high standards, and
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(b)
promoting the fulfilment of educational potential by every
person to whom this subsection applies.
(4)
Subsection (3) applies to persons under the age of 20.
(5)
Section 15ZA(9) (persons subject to learning difficulty assessment)
applies for the purposes of this section as it applies for the purposes
20
of section 15ZA.
(6)
In this section—
“education” and “training” have the same meanings as in
section 15ZA;
“relevant education function”, in relation to a local education
25
authority in England, means a function relating to the
provision of education for—
(a)
persons of compulsory school age (whether at school
or otherwise);
(b)
persons (whether at school or otherwise) who are
30
over compulsory school age and to whom subsection
(1) applies;
(c)
persons who are under compulsory school age and
are registered as pupils at schools maintained by the
authority;
35
“relevant education function”, in relation to a local education
authority in Wales, means a function relating to the provision
of education for—
(a)
persons of compulsory school age (whether at school
or otherwise);
40
(b)
persons (whether at school or otherwise) who are
over compulsory school age but under the age of 20;
(c)
persons who are under compulsory school age and
are registered as pupils at schools maintained by the
authority;
45
“relevant training function” means a function relating to the
provision of training.”

Apprenticeships, Skills, Children and Learning Bill
Schedule 3 — The Young People’s Learning Agency for England
154

4     (1)
Section 15A (functions in respect of full-time education for 16 to 18 year olds)
is amended as follows.
      (2)
In subsection (1) after “local education authority” insert “in Wales”.
      (3)
After subsection (1) insert—
“(1ZA)
A local education authority in England may secure the provision for
5
their area of full-time or part-time education suitable to the
requirements of persons from other areas who are over compulsory
school age but have not attained the age of 19.”
      (4)
In subsection (1A) for “subsection (1)” substitute “subsections (1) and
(1ZA)”.
10
      (5)
In subsection (3) for “section 13(5) and (6) of the Learning and Skills Act
2000” substitute “section 15ZA(7) and (8)”.
      (6)
In the title for “Functions in respect of full-time education” substitute
“Powers in respect of education and training”.
5
In section 15B (functions in respect of education for persons over 19) in
15
subsection (3) for “section 13(5) and (6) of the Learning and Skills Act 2000”
substitute “section 15ZA(7) and (8)”.
6
In section 312(2) (when a child has a “learning difficulty”) after “section”
insert “15ZA,”.
7     (1)
In the title of section 509AA, for “Provision” substitute “LEAs in England:
20
provision”.
      (2)
For the title of section 509AB substitute “LEAs in England: further provision
about transport policy statements for persons of sixth form age”.
      (3)
In the title of section 509A, for “Travel” substitute “LEAs in England: travel”.
      (4)
In section 580 (index) at the appropriate place insert—
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relevant young adult (in sections 508F
section 508F(8)

and 508G)

Schedule 3
Section 57

The Young People’s Learning Agency for England
Status
30
1     (1)
The YPLA is not to be regarded—
(a)
as a servant or agent of the Crown, or
(b)
as enjoying any status, immunity or privilege of the Crown.
      (2)
The YPLA’s property is not to be regarded—
(a)
as property of the Crown, or
35
(b)
as property held on behalf of the Crown.

Apprenticeships, Skills, Children and Learning Bill
Schedule 3 — The Young People’s Learning Agency for England
155

Membership
2     (1)
The YPLA is to consist of—
(a)
a member appointed to chair the YPLA (“the chair”),
(b)
between 5 and 15 other members (“ordinary members”), and
(c)
the chief executive of the YPLA.
5
      (2)
The chair is to be appointed by the Secretary of State, on terms determined
by the Secretary of State.
      (3)
The first chief executive and ordinary members are to be appointed by the
Secretary of State, on terms determined by the Secretary of State.
      (4)
Later chief executives and ordinary members are to be appointed by the
10
YPLA, on terms determined by the YPLA with the approval of the Secretary
of State.
      (5)
In appointing a person as a member, the Secretary of State or the YPLA must
have regard to the desirability of appointing a person who has experience
relevant to any of the YPLA’s functions.
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Tenure
3     (1)
The members of the YPLA hold and vacate office in accordance with the
terms of their appointments, subject to the following provisions of this
Schedule.
      (2)
A member of the YPLA may resign from office at any time by giving written
20
notice to the Secretary of State.
      (3)
The Secretary of State may remove a member of the YPLA from office on
either of the following grounds—
(a)
inability or unfitness to carry out the duties of the office;
(b)
absence from the YPLA’s meetings for a continuous period of more
25
than 6 months without the YPLA’s permission.
      (4)
The previous appointment of a person as a member of the YPLA does not
affect the person’s eligibility for re-appointment.
Remuneration etc. of members
4     (1)
The YPLA may, and must if the Secretary of State requires it to do so, pay
30
remuneration, allowances and expenses to any of its members.
      (2)
The YPLA may, and must if the Secretary of State requires it to do so, pay,
or make provision for the payment of, a pension, allowances or gratuities to
or in respect of a current or former member of the YPLA.
      (3)
If a person ceases to be a member of the YPLA and the Secretary of State
35
decides that the person should be compensated because of special
circumstances, the YPLA must pay compensation to the person.
      (4)
The amount of a payment under this paragraph is to be determined by the
Secretary of State.
Staff
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5     (1)
The YPLA may appoint staff.