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Public Bill Committee: 3 March 2009                     

47

 

Apprenticeships, Skills, Children and Learning Bill, continued

 
 

Mr Nick Gibb

 

Mr John Hayes

 

Mrs Maria Miller

 

Bill Wiggin

 

86

 

Parliamentary Star    

Clause  233,  page  136,  leave out lines 36 to 38.

 

Mr Nick Gibb

 

Mr John Hayes

 

Mrs Maria Miller

 

Bill Wiggin

 

87

 

Parliamentary Star    

Clause  233,  page  137,  leave out lines 3 and 4.

 

Mr Nick Gibb

 

Mr John Hayes

 

Mrs Maria Miller

 

Bill Wiggin

 

94

 

Parliamentary Star    

Clause  233,  page  137,  line  7,  at end insert—

 

‘(4A)    

Guidance issued under subsection (4) must not advise the retention of incident

 

record forms beyond a period of three years.’.

 


 

Mr Nick Gibb

 

Mr John Hayes

 

Mrs Maria Miller

 

Bill Wiggin

 

84

 

Parliamentary Star    

Clause  235,  page  138,  leave out lines 5 and 6.

 

Mr Nick Gibb

 

Mr John Hayes

 

Mrs Maria Miller

 

Bill Wiggin

 

85

 

Parliamentary Star    

Clause  235,  page  138,  line  7,  leave out ‘must’ and insert ‘may’.

 

Mr Nick Gibb

 

Mr John Hayes

 

Mrs Maria Miller

 

Bill Wiggin

 

80

 

Parliamentary Star    

Clause  235,  page  138,  line  10,  at end insert—

 

‘(2A)    

In performing their duties under this section, relevant partners must seek to ensure

 

that all pupils are able to work, study and learn in a safe, secure and ordered

 

environment.’.

 



 
 

Public Bill Committee: 3 March 2009                     

48

 

Apprenticeships, Skills, Children and Learning Bill, continued

 
 

Mr Nick Gibb

 

Mr John Hayes

 

Mrs Maria Miller

 

Bill Wiggin

 

97

 

Parliamentary Star    

Clause  236,  page  138,  line  28,  leave out ‘short stay school’ and insert ‘school for

 

alternative education’.

 

Mr Nick Gibb

 

Mr John Hayes

 

Mrs Maria Miller

 

Bill Wiggin

 

98

 

Parliamentary Star    

Clause  236,  page  138,  line  28,  leave out ‘short stay school’ and insert ‘prospect

 

school’.

 


 

Mr Nick Gibb

 

Mr John Hayes

 

Mrs Maria Miller

 

Bill Wiggin

 

78

 

Parliamentary Star    

Clause  237,  page  139,  line  14,  at end insert—

 

‘(1A)    

The Secretary of State may direct a local authority in England that is a partner in

 

a Local Education Partnership (LEP) to provide information about the acoustic

 

quality of schools to be built or refurbished by that LEP.’.

 


 

NEW CLAUSES

 

Free school meals

 

Mr David Laws

 

Stephen Williams

 

Annette Brooke

 

NC1

 

Parliamentary Star    

To move the following Clause:—

 

‘(1)    

A local education authority may provide registered students at—

 

(a)    

a sixth form college, or

 

(b)    

a further education college,

 

    

who are over compulsory school age, but under 19, with lunches.

 

(2)    

Where provision is made under subsection (1) it shall be made in a case within

 

paragraph (a) or (b) of that subsection, either on the college premises or at any

 

other place where education is being provided.

 

(3)    

A local education authority shall exercise its power under subsection (1) to

 

provide college lunches for any person if—

 

(a)    

any prescribed requirements are met,


 
 

Public Bill Committee: 3 March 2009                     

49

 

Apprenticeships, Skills, Children and Learning Bill, continued

 
 

(b)    

a request for the provision of college lunches has been made by or on

 

behalf of that person to the authority, and

 

(c)    

either—

 

(i)    

that person is eligible for free lunches (as defined by section

 

512ZB (4) of the Education Act 1996, or

 

(ii)    

in the case of a person within subsection (1) (a), it would not be

 

unreasonable for the authority to provide the lunches.

 

(4)    

Where the local education authority provides lunch in accordance with subsection

 

(3) to a person who is eligible for free lunches, the authority shall provide the

 

meal free of charge.’.

 


 

Further provision about transport policy statements

 

Mr David Laws

 

Stephen Williams

 

Annette Brooke

 

NC2

 

Parliamentary Star    

To move the following Clause:—

 

‘(1)    

In section 509AB of the Education Act 1996 (c. 56) omit subsection (3)(d) and

 

insert after subsection (7)—

 

“(8)    

In preparing a statement under that section a local education authority has

 

a duty to provide affordable transport.”.’.

 


 

Complaints about transport arrangements

 

Mr David Laws

 

Stephen Williams

 

Annette Brooke

 

NC3

 

Parliamentary Star    

To move the following Clause:—

 

‘(1)    

After section 509AE of the Education Act 1996 (complaints about transport

 

arrangements etc for persons of sixth form age in England) insert—

 

“509AF 

 Complaints about transport arrangements etc for certain young

 

adults

 

(1)    

A local education authority may revise a statement prepared under

 

section 508F to change the arrangements specified under subsection (1)

 

of that section if, as a result of a certain young adult’s transport

 

complaint, they have come to consider the change necessary for the

 

purpose mentioned in that subsection.

 

(2)    

A local education authority must revise a statement prepared under

 

section 508F to change the arrangements specified under subsection (1)


 
 

Public Bill Committee: 3 March 2009                     

50

 

Apprenticeships, Skills, Children and Learning Bill, continued

 
 

of that section if, as a result of a certain young adult transport complaint,

 

the Secretary of State has directed them to do so.

 

(3)    

An authority that revises a statement under subsections (1) or (2) must

 

publish the revised statement and a description of the revision as soon as

 

practicable.

 

(4)    

The Secretary of State need not consider whether to exercise any power

 

under sections 496 to 497A (powers to prevent unreasonable exercise of

 

functions, etc) or subsection (2) of this section in response to a matter that

 

is, or could have been, the subject of a certain young adult transport

 

complaint made to him or her unless satisfied that—

 

(a)    

the matter has been brought to the notice of the local education

 

authority concerned, and

 

(b)    

the authority has had a resonable opportunity to investigate the

 

matter and respond.

 

(5)    

In this section “certain young adult transport complaint” means a

 

complaint that is—

 

(a)    

about a local education authority’s exercise of, or failure to

 

exercise, a function under sections 508F to 509AD in relation to

 

certain young adults,

 

(b)    

made by a person who is, or will be, a relevant young adult when

 

the matter complained of has effect, or by a parent of such a

 

person, and

 

(c)    

made by a “certain young adult” as defined by section 508F (8).

 

(6)    

For the purposes of sections 508G(8), 509AB(1) to (5), and 509AD, the

 

revision of a statement under this section is to be treated as the

 

preparation of a statement under section 508F.

 

(7)    

Where a local authority has published in a single document a statement

 

prepared under section 508G and a statement prepared under 509AA, the

 

requirement to publish a revised statement under subsection (3) is to be

 

treated as a requirement to publish a version of the document that

 

includes the revised statement.”.

 

(2)    

In section 496 of the Education Act 1996 (power of Secretary of State to prevent

 

unreasonable exercise of functions), after subsection (4) (as inserted by section

 

206(1) of this Act) insert—

 

“(6)    

This section is subject to section 509AF (complaints about transport

 

arrangements etc for certain young adults in England).”.

 

(3)    

In section 497 of the Education Act 1996 (general default powers of Secretary of

 

State), after subsection (6) insert—

 

“(7)    

This section is subject to section 509AF (complaints about transport

 

arragements etc for certain young adults in England).”.

 

(4)    

In section 497A of the Education Act 1996 (power of Secretary of State to secure

 

proper performance of LEA’s functions), at end insert—

 

“(9)    

This section is subject to section 509AF (complaints about transport

 

arrangements etc for certain young adults in England).”.’.

 



 
 

Public Bill Committee: 3 March 2009                     

51

 

Apprenticeships, Skills, Children and Learning Bill, continued

 
 

Power of the Secretary of State to direct a review of arrangements

 

Mr David Laws

 

Stephen Williams

 

Annette Brooke

 

NC4

 

Parliamentary Star    

To move the following Clause:—

 

‘(1)    

The Secretary of State may direct one or more local authorities to undertake a

 

review of their transport policy statement.

 

(2)    

The provision which may be made by a direction includes provision for—

 

(a)    

the timetable for the review and for the preparation and publication of a

 

scheme,

 

(b)    

the procedures to be followed in carrying out the review,

 

(c)    

particular issues which the review and any scheme must address, and

 

(d)    

the implementation of any policy.’.

 


 

Communication with further education colleges

 

Mr Nick Gibb

 

Mrs Maria Miller

 

Mr John Hayes

 

Bill Wiggin

 

NC5

 

Parliamentary Star    

To move the following Clause:—

 

‘(1)    

In considering whether to issue any guidance or other circular to the governing

 

bodies or principals of further education colleges in the exercise of functions

 

relating to education, the Secretary of State and the Chief Executive shall have

 

regard to—

 

(a)    

the desirability of providing information about good educational

 

practice, while recognising the professional expertise of college staff;

 

(b)    

the benefits that are expected to result from the issue of the guidance or

 

other circular; and

 

(c)    

the desirability of avoiding—

 

(i)    

the sending of excessive material to governing bodies or

 

principals, and

 

(ii)    

the imposition of excessive administrative burdens on governing

 

bodies or principals.

 

(2)    

In pursuance of the duty in subsection (1) the Secretary of State shall in respect

 

of each academic year—

 

(a)    

prepare a report listing—

 

(i)    

documents sent by him or the Chief Executive during the year to

 

all governing bodies of further education colleges in England or

 

to all principals of such colleges, and

 

(ii)    

documents (not falling with sub-paragraph (i)) sent by him

 

during the year to all governing bodies of further education

 

colleges in England of a particular kind or to all principals of

 

such colleges of a particular kind, and


 
 

Public Bill Committee: 3 March 2009                     

52

 

Apprenticeships, Skills, Children and Learning Bill, continued

 
 

(b)    

lay a copy of the report before each House of Parliament, and include

 

within it comparative statistics in respect of each of the two preceding

 

academic years on documents falling within this subsection sent out by

 

him.

 

(3)    

In pursuance of the duty in subsection (1) the National Assembly for Wales shall

 

in respect of each academic year prepare and publish a report listing—

 

(a)    

documents sent by the Assembly during the year to all governing bodies

 

of further education colleges in Wales or to all principals of such

 

colleges, and

 

(b)    

documents (not falling within paragraph (a)) sent by the Assembly during

 

the year to all governing bodies of further education colleges in Wales of

 

a particular kind or to all principals of such colleges of a particular kind.

 

(4)    

The documents referred to in subsections (2) and (3) do not include any document

 

sent by the Secretary of State or the National Assembly for Wales—

 

(a)    

otherwise than in the exercise of functions relating to education, or

 

(b)    

at the request of the person to whom it is sent.

 

(5)    

Each document issued by the Secretary of State or the National Assembly for

 

Wales and falling within subsections (2)(a)(i) or (ii) or (3)(a) or (b) shall list

 

within it previous relevant documents issued by the Secretary of State or the

 

National Assembly for Wales and shall state clearly those documents which are

 

superseded by the current document.

 

(6)    

Each document issued by the Secretary of State or the National Assembly for

 

Wales and falling within subsections (2)(a)(i) or (ii) or (3)(a) or (b) shall state

 

clearly the persons for whom any advice and guidance is intended.

 

(7)    

In this section “academic year” means a period beginning with 1 August and

 

ending with the next 31 July.’.

 


 

Communication with six form colleges

 

Mr Nick Gibb

 

Mrs Maria Miller

 

Mr John Hayes

 

Bill Wiggin

 

NC6

 

Parliamentary Star    

To move the following Clause:—

 

‘(1)    

In considering whether to issue any guidance or other circular to the governing

 

bodies or principals of sixth form colleges in the exercise of functions relating to

 

education, the Secretary of State and the relevant local education authority shall

 

have regard to—

 

(a)    

the desirability of providing information about good educational

 

practice, while recognising the professional expertise of college staff,

 

(b)    

the benefits that are expected to result from the issue of the guidance or

 

other circular, and

 

(c)    

the desirability of avoiding—

 

(i)    

the sending of excessive material to governing bodies or

 

principals, and

 

(ii)    

the imposition of excessive administrative burdens on governing

 

bodies or principals.


 
 

Public Bill Committee: 3 March 2009                     

53

 

Apprenticeships, Skills, Children and Learning Bill, continued

 
 

(2)    

In pursuance of the duty in subsection (1), the Secretary of State shall in respect

 

of each academic year—

 

(a)    

prepare a report listing—

 

(i)    

documents sent by him or a local education authority during the

 

year to all governing bodies of sixth form colleges in England or

 

to all principals of such colleges, and

 

(ii)    

documents (not falling within sub-paragraph (i)) sent by him

 

during the year to all governing bodies of sixth form colleges in

 

England of a particular kind or to all principals of such colleges

 

of a particular kind, and

 

(b)    

lay a copy of the report before each House of Parliament, and include

 

within it comparative statistics in respect of each of the two preceding

 

academic years on documents falling within this subsection sent out by

 

him.

 

(3)    

Each document issued by the Secretary of State or a local education authority and

 

falling within subsection (2)(a)(i) shall list within it previous relevant documents

 

issued by the Secretary of State or a local education authority and shall state

 

clearly those documents which are superseded by the current document.

 

(4)    

Each document issued by the Secretary of State or local education authority and

 

falling within subsection (2)(a)(i) or (ii) shall state clearly the persons for whom

 

any advice and guidance is intended.

 

(5)    

In this section “academic year” means a period beginning with 1 August and

 

ending with the next 31 July.’.

 


 

Prescribed courses

 

Mr Nick Gibb

 

Mrs Maria Miller

 

Mr John Hayes

 

Bill Wiggin

 

NC7

 

Parliamentary Star    

To move the following Clause:—

 

‘In section 65(c) of the Further and Higher Education Act 1992 “Prescribed

 

courses” includes units or modules comprising parts of directly funded

 

qualifications.’.

 

 

Order of the House [23 February 2009]

 

That the following provisions shall apply to the Apprenticeships, Skills, Children and

 

Learning Bill:

 

Committal

 

1.    

The Bill shall be committed to a Public Bill Committee.

 

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 Tuesday 31 March 2009.

 

3.    

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


 
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