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
Schedule 3 — The Young People’s Learning Agency for England
156

      (2)
The following are to be determined by the YPLA with the approval of the
Secretary of State—
(a)
the conditions of service of the YPLA’s staff;
(b)
the amount of remuneration, allowances and expenses paid to them.
6     (1)
Employment with the YPLA is to be included among the kinds of
5
employment to which a scheme under section 1 of the Superannuation Act
1972 (c. 11) (superannuation schemes as respects civil servants, etc.) can
apply.
      (2)
The YPLA must pay to the Minister for the Civil Service, at such times as the
Minister may direct, such sums as the Minister may determine in respect of
10
increases attributable to this paragraph in the sums payable under the
Superannuation Act 1972 out of money provided by Parliament.
      (3)
Sub-paragraph (4) applies if a member of staff of the YPLA (“E”)—
(a)
is, by reference to employment with the YPLA, a participant in a
scheme under section 1 of the Superannuation Act 1972, and
15
(b)
is also a member of the YPLA.
      (4)
The Secretary of State may determine that E’s service as a member of the
YPLA is to be treated for the purposes of the scheme as service as a member
of staff of the YPLA (whether or not any benefits are payable to or in respect
of E by virtue of paragraph 4(2)).
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Committees
7     (1)
The YPLA may establish committees, and any committee established by the
YPLA may establish sub-committees.
      (2)
The YPLA may—
(a)
dissolve a sub-committee established under sub-paragraph (1), or
25
(b)
alter the purposes for which such a sub-committee is established.
      (3)
In this Schedule a committee or sub-committee established under sub-
paragraph (1) is referred to as a “YPLA committee”.
      (4)
A YPLA committee may consist of or include persons who are not members
of the YPLA or the YPLA’s staff.
30
      (5)
The YPLA may arrange for the payment of remuneration, allowances and
expenses to any person who—
(a)
is a member of a YPLA committee, but
(b)
is not a member of the YPLA or the YPLA’s staff.
      (6)
The YPLA must keep under review—
35
(a)
the structure of YPLA committees, and
(b)
the scope of each YPLA committee’s activities.
8     (1)
The YPLA and any other person may establish a committee jointly.
      (2)
In this Schedule a committee established under sub-paragraph (1) is referred
to as a “joint committee”.
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      (3)
A joint committee may establish sub-committees.
      (4)
In this Schedule a sub-committee established under sub-paragraph (3) is
referred to as a “joint sub-committee”.

Apprenticeships, Skills, Children and Learning Bill
Schedule 3 — The Young People’s Learning Agency for England
157

      (5)
The YPLA may arrange for the payment of remuneration, allowances and
expenses to any person who—
(a)
is a member of a joint committee or joint sub-committee, but
(b)
is not a member of the YPLA or the YPLA’s staff.
Procedure etc.
5
9     (1)
The YPLA may regulate—
(a)
its own proceedings (including quorum), and
(b)
the procedure (including quorum) of YPLA committees.
      (2)
A joint committee may regulate—
(a)
its own procedure (including quorum), and
10
(b)
the procedure (including quorum) of any sub-committee established
by it.
      (3)
The validity of proceedings of the YPLA, or of a YPLA committee, joint
committee or joint sub-committee, is not affected by—
(a)
a vacancy;
15
(b)
a defective appointment.
10    (1)
The following have the right to attend meetings of the YPLA, and of YPLA
committees, joint committees and joint sub-committees—
(a)
the Secretary of State;
(b)
a representative of the Secretary of State.
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      (2)
A person attending a meeting of the YPLA, or of a YPLA committee, joint
committee or joint sub-committee under sub-paragraph (1) may take part in
its deliberations (but not its decisions).
      (3)
If a person with a right to attend a meeting of the YPLA, or of a YPLA
committee, joint committee or joint sub-committee requests it, the YPLA
25
must provide the person with all information relating to the meeting that—
(a)
has been distributed to the members of the YPLA, or of the YPLA
committee, joint committee or joint sub-committee, and
(b)
is likely to be needed by the person in order to take part in the
meeting.
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Delegation
11    (1)
The YPLA may delegate any of its functions to—
(a)
the chair or the chief executive;
(b)
a committee established by the YPLA;
(c)
a joint committee.
35
      (2)
If a function is delegated to the chair, the chair may delegate the function to
the chief executive or any of the ordinary members.
      (3)
If a function is delegated to the chief executive, the chief executive may
delegate the function to a member of the YPLA’s staff.
      (4)
A function is delegated under this paragraph to the extent and on the terms
40
that the person delegating it determines.
12    (1)
A committee established by the YPLA or a joint committee may delegate any
of its functions to a sub-committee established by it.

Apprenticeships, Skills, Children and Learning Bill
Schedule 3 — The Young People’s Learning Agency for England
158

      (2)
A function is delegated under this paragraph to the extent and on the terms
that the committee determines.
      (3)
The power of a committee established by the YPLA to delegate a function
under this paragraph, and to determine the extent and terms of the
delegation, are subject to the YPLA’s powers to direct what a committee
5
established by it may and may not do.
      (4)
The power of a joint committee to delegate a function under this paragraph,
and to determine the extent and terms of the delegation, are subject to the
power of the YPLA and any other person with whom the YPLA established
the committee to direct (acting jointly) what the committee may and may not
10
do.
Plans
13    (1)
The YPLA must make and publish a plan for each academic year.
      (2)
The YPLA’s plan for an academic year must be published before the start of
the academic year.
15
      (3)
The YPLA’s plan for an academic year must include—
(a)
the YPLA’s proposals as to how it intends to achieve in that year any
objectives for the year set out in directions under section 72 or grant
conditions;
(b)
the YPLA’s proposals as to how it proposes to use its grant funding
20
for the year.
      (4)
In this paragraph—
“academic year” means—
(a)
the period beginning on the day on which section 57 comes
into force and ending on the following 31 August;
25
(b)
each successive period of 12 months;
“grant conditions” mean conditions to which a grant under paragraph
18 is subject;
“grant funding” means a grant under that paragraph.
Reports
30
14    (1)
As soon as reasonably practicable after the end of each reporting period the
YPLA must prepare an annual report for the period.
      (2)
The annual report must state how the YPLA has performed its functions in
the reporting period.
      (3)
The YPLA must send a copy of each annual report to the Secretary of State.
35
      (4)
The Secretary of State must lay before Parliament a copy of each report
received under sub-paragraph (3) and arrange for it to be published.
      (5)
In this paragraph “reporting period” means—
(a)
the period specified by the Secretary of State in a direction given to
the YPLA;
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(b)
each successive period of 12 months.

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Schedule 3 — The Young People’s Learning Agency for England
159

Accounts
15    (1)
The YPLA must—
(a)
keep proper accounts and proper records in relation to the accounts,
and
(b)
prepare annual accounts in respect of each financial year.
5
      (2)
The annual accounts must comply with any directions given by the
Secretary of State as to—
(a)
the information to be contained in them,
(b)
the manner in which the information contained in them is to be
presented, or
10
(c)
the methods and principles according to which the annual accounts
are to be prepared.
      (3)
Before the end of the month of August next following each financial year, the
YPLA must send copies of the annual accounts for the year to—
(a)
the Secretary of State, and
15
(b)
the Comptroller and Auditor General.
      (4)
The Comptroller and Auditor General must—
(a)
examine, certify and report on the annual accounts, and
(b)
give a copy of the report to the Secretary of State.
      (5)
The Secretary of State must lay before Parliament—
20
(a)
a copy of any annual accounts received under sub-paragraph (3), and
(b)
a copy of each report received under sub-paragraph (4).
      (6)
In this paragraph “financial year” means—
(a)
the period specified by the Secretary of State in a direction given to
the YPLA;
25
(b)
each successive period of 12 months.
Documents
16
The application of the YPLA’s seal is authenticated by the signatures of—
(a)
the chair or another person authorised (generally or specifically) for
that purpose by the YPLA, and
30
(b)
one other member of the YPLA.
17
Any document purporting to be an instrument made or issued by or on
behalf of the YPLA, and to be duly executed by a person authorised by the
YPLA in that behalf—
(a)
is to be received in evidence, and
35
(b)
is to be taken to be made or issued in that way, unless the contrary is
shown.
Funding
18    (1)
The Secretary of State may make grants to the YPLA for the purposes of any of its
functions.
40
      (2)
Grants to the YPLA under this paragraph are to be made at such times and
subject to such conditions (if any) as the Secretary of State thinks
appropriate.

Apprenticeships, Skills, Children and Learning Bill
Schedule 3 — The Young People’s Learning Agency for England
160

      (3)
Conditions to which a grant is subject may (in particular)—
(a)
set the YPLA’s budget for any financial year;
(b)
require the YPLA to use the grant for specified purposes;
(c)
require the YPLA to comply with specified requirements in respect
of persons or persons of a specified description in securing the
5
provision of specified financial resources to such persons;
(d)
enable repayment (in whole or part) to be required of sums paid by
the Secretary of State if any condition subject to which the grant was
made is not complied with;
(e)
require the payment of interest in respect of any period during which
10
a sum due to the Secretary of State in accordance with any condition
remains unpaid.
      (4)
Requirements which may be imposed under sub-paragraph (3)(c) include in
particular requirements that, if the YPLA provides specified financial
resources, it is to impose specified conditions.
15
      (5)
The Secretary of State may not impose conditions which relate to the YPLA’s
securing of the provision of financial resources to a particular person or
persons.
Supplementary powers
19    (1)
The YPLA may do anything that it considers necessary or appropriate for
20
the purposes of, or in connection with, its functions.
      (2)
The power in sub-paragraph (1) is subject to any restrictions imposed by or
under any provision of this or any other Act.
      (3)
The YPLA may not borrow money.
      (4)
The YPLA may not do any of the following without the consent of the
25
Secretary of State—
(a)
lend money;
(b)
form, participate in forming or invest in a company;
(c)
form, participate in forming or otherwise become a member of a
charitable incorporated organisation (within the meaning of section
30
69A of the Charities Act 1993 (c. 10)).
      (5)
In sub-paragraph (4)(b) the reference to investing in a company includes a
reference to—
(a)
becoming a member of the company, and
(b)
investing in it by the acquisition of any assets, securities or rights or
35
otherwise.
Parliamentary Commissioner Act 1967 (c. 13)
20
In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc.
subject to investigation) at the appropriate place insert—
“The Young People’s Learning Agency.”
40
House of Commons Disqualification Act 1975 (c. 24)
21
In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975

Apprenticeships, Skills, Children and Learning Bill
Schedule 4 — The Chief Executive of Skills Funding
161

(other disqualifying offices) at the appropriate place insert—
“Any member of the Young People’s Learning Agency for England in
receipt of remuneration.”
Superannuation Act 1972 (c. 11)
22
In Schedule 1 to the Superannuation Act 1972 (kinds of employment, etc,
5
referred to in section 1 of that Act) under the heading “Other bodies”
insert—
“The Young People’s Learning Agency for England”.
Schedule 4
Section 78

The Chief Executive of Skills Funding
10
Status
1     (1)
The Chief Executive is to perform the functions of the office on behalf of the
Crown.
      (2)
The person for the time being holding the office of Chief Executive is by the
name of that office to be a corporation sole.
15
Tenure of office and terms of appointment
2     (1)
The Secretary of State may remove the Chief Executive from office on the
grounds of inability or unfitness to carry out the functions of the office.
      (2)
The Chief Executive may resign at any time by giving written notice to the
Secretary of State.
20
      (3)
Otherwise, the Chief Executive holds and vacates office in accordance with
the terms of appointment to that office (which may include provision for
dismissal).
      (4)
Service as Chief Executive is to be service in the civil service of the State.
Staff
25
3     (1)
The Chief Executive may appoint staff.
      (2)
Service as a member of the Chief Executive’s staff is to be service in the civil
service of the State.
      (3)
Subject to sub-paragraph (2), the conditions of service of the staff appointed
by the Chief Executive are to be determined by the Chief Executive.
30
Delegation
4     (1)
The Chief Executive may delegate any of the functions of the office to—
(a)
to a member of the Chief Executive’s staff appointed under
paragraph 3, or
(b)
to a member of staff provided to the Chief Executive by the Secretary
35
of State under arrangements under paragraph 5.

Apprenticeships, Skills, Children and Learning Bill
Schedule 4 — The Chief Executive of Skills Funding
162

      (2)
Any delegation under sub-paragraph (1) is to be to the extent, and on terms,
that the Chief Executive determines.
      (3)
This paragraph is subject to section 79.
Arrangements with Secretary of State
5
The Secretary of State and the Chief Executive may enter into arrangements
5
with each other for the provision to the Chief Executive by the Secretary of
State, on such terms as may be agreed, of staff, accommodation or services.
Funding
6     (1)
The Secretary of State may make grants to the Chief Executive.
      (2)
Grants to the Chief Executive are to be made at such times and subject to
10
such conditions (if any) as the Secretary of State thinks appropriate.
      (3)
Conditions to which a grant is subject may—
(a)
set the Chief Executive’s budget for any financial year;
(b)
require the Chief Executive to use the grant for specified purposes;
(c)
require the Chief Executive to comply with specified requirements in
15
respect of persons or persons of a specified description in securing
the provision of specified financial resources to such persons;
(d)
enable repayment (in whole or part) to be required of sums paid by
the Secretary of State if any condition subject to which the grant was
made is not complied with;
20
(e)
require the payment of interest in respect of any period during which
a sum due to the Secretary of State in accordance with any condition
remains unpaid.
      (4)
Requirements which may be imposed under sub-paragraph (3)(c) include in
particular requirements that, if the Chief Executive provides specified
25
financial resources, the Chief Executive is to impose specified conditions.
Reports
7     (1)
As soon as reasonably practicable after the end of each financial year the
Chief Executive must prepare an annual report for the financial year.
      (2)
The annual report must state how the Chief Executive has performed the
30
functions of the office in the financial year.
      (3)
The Chief Executive must send a copy of each report prepared under sub-
paragraph (1) to the Secretary of State.
      (4)
The Secretary of State must lay before Parliament a copy of each report
received under sub-paragraph (3) and arrange for it to be published.
35
      (5)
The Chief Executive may—
(a)
prepare other reports on matters relating to the functions of the
office, and
(b)
must send a copy of each report prepared under paragraph (a) to the
Secretary of State.
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