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| Clause 34, page 15, line 28, leave out from ‘or’ to ‘to’ in line 29 and insert ‘any of |
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| Member’s explanatory statement
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| The amendment enables regulations under clause 34(5) to provide for any of clauses 83 to 91 to |
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| apply with modifications to Crown servants and Parliamentary staff. |
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| Clause 35, page 16, line 5, leave out subsections (2) and (3) and insert— |
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| | ‘(2) | In subsection (2A) after “in respect of 16 to 18 education or training” insert |
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| | “including apprenticeships”. |
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| | (3) | In subsection (2B) omit “the person giving it considers”.’. |
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| Clause 35, page 16, line 7, leave out from ‘concerned’ to ‘receive’ in line 9 and |
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| insert ‘must include a presumption that all pupils aged 14-16 should’. |
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| Clause 35, page 16, line 10, leave out ‘apprenticeships’ and insert ‘an |
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| apprenticeship as a programme of training which leads to competence in a chosen trade, |
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| profession or occupation.’. |
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| Clause 35, page 16, line 13, at end add— |
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| | ‘(3A) | In subsection (4) after “the Secretary of State” insert “and is subject to monitoring |
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| | by the Office for Standards in Education, Children’s Services and Skills”.’. |
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| Clause 35, page 16, line 16, after ‘under’ insert ‘Chapter 1 of Part 1 of’. |
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| Member’s explanatory statement
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| This is a technical drafting amendment to clarify the reference to the provisions of the Bill under |
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| which apprenticeship certificates will be issued. |
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| Clause 35, page 16, line 18, leave out from beginning to end of line 19 and insert |
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| ‘English certifying authority (within the meaning of that Chapter);”.’. |
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| Member’s explanatory statement
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| This amendment is consequent on amendment 152. |
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| Clause 38, page 17, line 8, leave out from ‘authority”’ to end of line 9 and insert |
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| ‘has the meaning given by section 4;’. |
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| Member’s explanatory statement
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| This amendment is consequent on amendment 152. |
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| Clause 39, page 18, line 5, leave out ‘A’ and insert ‘Where an employer does not |
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| have acceptable annual arrangements for discussing employees’ training needs in place |
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| through annual performance reviews or other arrangements, a’. |
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| Clause 39, page 18, line 23, at end insert— |
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| | ‘(6A) | An employee is also a qualifying employee for the purposes of this section if the |
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| | employee is a qualified school teacher with responsibility for educating children |
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| | with special educational needs and who requests training to ensure the needs of |
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| | these children will be met.’. |
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| Clause 39, page 18, line 36, at end insert— |
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| | ‘(7A) | For the purposes of subsection (4), the employer’s business of an employee |
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| | employed by a National Health Service Trust shall be the National Health |
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| Clause 39, page 19, line 28, at end insert— |
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| | ‘(v) | the date of the applicant’s last request for training.’. |
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| Clause 39, page 19, line 35, at end insert— |
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| | ‘(d) | provide the date of the applicant’s last request for training.’. |
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| Clause 39, page 20, line 10, leave out ‘thinks’ and insert ‘has reasonable grounds to |
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| Clause 39, page 20, line 12, leave out ‘thinks’ and insert ‘has reasonable grounds to |
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| Clause 39, page 20, line 20, leave out paragraph (b) and insert— |
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| | ‘(b) | ‘the burden of additional costs is unreasonable in proportion to the value |
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| | to be derived from the proposed study or training;’. |
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| Clause 39, page 20, line 26, leave out ‘insufficiency of work’ and insert ‘inability |
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| to provide sufficient work’. |
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| Clause 39, page 20, line 30, at end insert— |
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| | ‘(k) | a documented discussion of training needs resulting in a decision on |
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| | whether to extend such provision to the applicant took place within the |
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| Clause 39, page 20, line 37, at end insert ‘except where that employee is employed |
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| by an employer who employs less than 20 employees;’. |
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| Clause 39, page 20, line 43, leave out ‘and (b)’ and insert ‘to (c)’. |
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| Member’s explanatory statement
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| This amendment is about those who accompany, or seek to accompany, employees to meetings |
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| about section 63D applications. It ensures the regulation-making power at new section 63F(4) |
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| (inserted into the Employment Rights Act 1996) includes power to make provision about |
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| companions’ right not to suffer detriment and about unfair dismissal. |
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| Clause 39, page 21, line 12, at end insert— |
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| | ‘(d) | fails to attend more than two consecutive periods of study or training.’. |
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| Clause 39, page 21, line 14, at end insert— |
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| | ‘(4) | Failure to start, attend or complete the agreed study or training shall constitute |
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| | permissible grounds for an employer to remove the awarded time off.’. |
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| Clause 39, page 23, line 6, leave out ‘learning support’ and insert ‘section 63D’. |
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| Member’s explanatory statement
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| This amendment makes new section 104E (which is inserted into the Employment Rights Act 1996) |
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| consistent with other provisions inserted by clause 39, which refer to a ‘section 63D application’. |
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| Clause 40, page 23, leave out lines 21 to 26 and insert— |
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| | ‘(1) | A local education authority in England must secure the provision of proper |
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| | facilities for education and training (as defined by subsection 2) suitable to the |
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| | requirements of persons in their area— |
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| | (a) | who are above compulsory school age and under 19, and |
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| | (b) | who are aged over 19 or over but under 25 and subject to learning |
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| | (2) | Facilities are proper if they are— |
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| | (a) | of a quality sufficient to meet the reasonable needs of individuals, and |
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| | (b) | of a quality adequate to meet those needs.’. |
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| Clause 40, page 23, line 22, leave out ‘reasonable’. |
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| Clause 40, page 23, line 31, leave out ‘to meet persons’ reasonable needs’ and |
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| insert ‘to the requirements of persons in their area.’. |
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| Clause 40, page 23, line 31, leave out ‘reasonable’. |
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| Clause 40, page 23, line 37, at end insert— |
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| | ‘(e) | barriers to their participation, including caring for a child or a sick family |
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| | member, being homeless, experiencing mental health problems or being |
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| Clause 40, page 23, line 37, at end insert— |
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| | ‘( ) | the opportunities for inclusion for learners, taking account of their needs and |
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| Clause 40, page 24, line 8, leave out from ‘resources’ to end of line 10. |
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| Clause 40, page 24, line 10, at end insert— |
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| | ‘(f) | ensure that all sixth form provision offers, as a minimum, A level courses |
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| | in English, mathematics, physics, chemistry, biology, history, geography |
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| | and at least two modern foreign languages.’. |
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| Clause 40, page 24, line 10, at end insert— |
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| | ‘(4A) | In performing the duty imposed by subsection (4)(a) a local authority is required |
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| | to fund sixth form provision of— |
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| | (a) | an existing academy without a sixth form which intends to establish a |
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| | (b) | a new academy with a sixth form.’. |
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| Clause 40, page 24, line 11, leave out subsection (5). |
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| Clause 40, page 24, line 16, leave out from ‘(1)’ to end of line 19 and insert ‘defer |
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| to the Chief Executive of Skills Funding.’. |
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| Clause 40, page 24, leave out lines 31 to 37. |
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| Member’s explanatory statement
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| This amendment is consequent on amendment 282. |
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| Clause 40, page 24, line 37, at end insert— |
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| | ‘(9A) | Every local education authority shall record the number of learners with learning |
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| | difficulties in its area for whom suitable education has not been provided and |
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| | report this information annually to the Secretary of State, who may require any |
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| | local education authority to provide information on the measures it is taking, if |
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| | any, to ensure that the number of learners in this situation reduces over time.’. |
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| Clause 40, page 24, line 44, leave out subsection (b). |
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| Clause 40, page 25, leave out lines 1 to 3. |
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| Member’s explanatory statement
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| This amendment is consequent on amendment 282. |
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| Clause 40, page 25, line 12, leave out from ‘order’ to end of line 13. |
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| Member’s explanatory statement
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| This amendment is consequent on amendment 271. |
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| Clause 40, page 25, line 15, after ‘other’, insert ‘, further education colleges, sixth |
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| form colleges, schools with sixth forms and academies with sixth forms,’. |
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| Clause 40, page 25, line 16, at end add— |
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