Public Bill Committee: 12 March 2009

226

Apprenticeships, Skills, Children and Learning Bill, continued

Jim Knight

Mr Siôn Simon

273

Clause  54,  page  35,  leave out lines 39 to 41.

Member’s explanatory statement

This amendment is consequent on amendment 282.

Jim Knight

Mr Siôn Simon

281

Schedule  2,  page  152,  line  30,  leave out from ‘(1)’ to end of line 31 and insert ‘after

“secondary education” insert “and, in the case of a local education authority in England,

further education,”’.

Member’s explanatory statement

This amendment is consequent on amendment 282.

Jim Knight

Mr Siôn Simon

282

Schedule  2,  page  152,  line  34,  leave out from ‘persons’ to end of line and insert ‘—

(a)	who are over compulsory school age but under 19, or

(b)	who are aged 19 or over but under 25 and are subject to

learning difficulty assessment.

(4)	For the purposes of this Act a person is subject to learning difficulty

assessment if—

(a)	a learning difficulty assessment has been conducted in respect

of the person, or

(b)	arrangements for a learning difficulty assessment to be

conducted in respect of the person have been made or are

required to be made.

(5)	In subsection (4), a “learning difficulty assessment” means an

assessment under section 139A or 140 of the Learning and Skills Act

2000 (assessments relating to learning difficulties).

(6)	For the purposes of subsection (1), persons who are subject to a

detention order are to be regarded as part of the population of the area

in which they are detained (and not any other area).”’.

Member’s explanatory statement

New section 13(4) and (5) of the Education Act 1996 defines when persons are subject to a learning

difficulty assessment for 1996 Act purposes. New section 13(6) identifies the area to whose

population persons subject to a detention order are treated as belonging for section 13(1)

purposes.

Public Bill Committee: 12 March 2009

227

Apprenticeships, Skills, Children and Learning Bill, continued

Jim Knight

Mr Siôn Simon

348

Schedule  2,  page  153,  line  13,  after ‘functions’ insert ‘and their relevant training

functions’.

Member’s explanatory statement

This amendment is consequential on clause 47 and ensures that section 13A of the Education Act

1996 applies to local education authorities in Wales when they exercise their new training

functions under new section 18A(1)(b) of that Act.

Jim Knight

Mr Siôn Simon

349

Schedule  2,  page  153,  line  16,  leave out ‘educational’ and insert ‘learning’.

Member’s explanatory statement

This amendment is consequent on amendment 348.

Jim Knight

Mr Siôn Simon

283

Schedule  2,  page  153,  leave out lines 19 to 21.

Member’s explanatory statement

This amendment is consequent on amendment 282.

Jim Knight

Mr Siôn Simon

350

Schedule  2,  page  154,  line  18,  leave out from ‘difficulty”)’ to end of line 19 and

insert ‘for “15A or 15B” substitute “15ZA, 15A, 15B or 18A”’.

Member’s explanatory statement

This amendment clarifies that the definition of “learning difficulty” which applies to section 18A

is that set out in new section 15ZA(7) and (8) of the Education Act 1996 (as inserted by clause 40).

Jim Knight

Mr Siôn Simon

351

Schedule  2,  page  154,  line  24,  at end insert—

‘	After section 569 insert—

“569A

Regulations made by Welsh Ministers under Chapter 5A

(1)	Any power of the Welsh Ministers to make regulations under Chapter

5A shall be exercised by statutory instrument.

(2)	A statutory instrument containing any such regulations made by the

Welsh Ministers shall be subject to annulment in pursuance of a

resolution of the National Assembly for Wales.

(3)	Any such regulations may make different provision for different cases,

circumstances or areas and may contain such incidental, supplemental,

saving or transitional provisions as the Welsh Ministers think fit.”

In section 579(1) (general interpretation)—

(a)	in the definition of “prescribed”, after ““prescribed”” insert “(except

in Chapter 5A)”;

Public Bill Committee: 12 March 2009

228

Apprenticeships, Skills, Children and Learning Bill, continued

(b)	in the definition of “regulations”, after ““regulations”” insert “(except

in Chapter 5A)”.’.

Member’s explanatory statement

This amendment is consequent on amendment 344 and reinserts new section 569A of the Education

Act 1996.

Jim Knight

Mr Siôn Simon

284

Schedule  2,  page  154,  leave out lines 25 to 27 and insert—

‘In section 580 (index) insert the following entries at the appropriate places—

	“relevant young adult (in sections	section 508F(8)”;
	508F and 508G)

“relevant youth accommodation

section 562(1A)”;

“subject to a detention order

section 562(1A)”;

	“subject to learning difficulty	section 13(4)”.’.
	assessment

Member’s explanatory statement

This amendment is consequent on amendments 271and 282.

Jim Knight

Mr Siôn Simon

352

Schedule  2,  page  154,  line  27,  at end insert—

Education Act 2002 (c. 32)

‘	In section 207(2) of the Education Act 2002 (c. 32) (recoupment: adjustment

between local education authorities), for “primary education and secondary

education)” substitute “—

(a)	primary education;

(b)	secondary education;

(c)	education provided under section 562C of the Education Act

1996 (detention of persons with special educational needs:

appropriate special educational provision).”’.

Member’s explanatory statement

This amendment amends section 207 of the Education Act 2002 to enable regulations to make

provision for a local education authority to recoup the cost of making the special educational

provision required under new section 562C of the Education Act 1996 (inserted by NC17) from

another authority.

Public Bill Committee: 12 March 2009

229

Apprenticeships, Skills, Children and Learning Bill, continued

Mr John Hayes

Mr Nick Gibb

Mrs Maria Miller

Bill Wiggin

239

Clause  57,  page  37,  line  26,  leave out subsection (1) and insert—

‘(1)	There is to be a body which is part of the Skills Funding Agency known as the

Young Person Learning Agency for England.’.

Mr Nick Gibb

Mr John Hayes

Mrs Maria Miller

Bill Wiggin

105

Clause  57,  page  37,  line  28,  at end insert—

‘(2A)

The YPLA is not permitted to employ more than 500 people in total.’.

Jim Knight

Mr Siôn Simon

319

Schedule  3,  page  155,  leave out lines 3 to 12 and insert—

‘(a)	between 6 and 16 members appointed by the Secretary of State (the

“ordinary members”), and

(b)	the chief executive of the YPLA.

(2)	The Secretary of State must appoint one of the ordinary members to chair the

YPLA.’.

Member’s explanatory statement

This amendment changes the requirements for the appointment of members of the YPLA other than

the chief executive. The effect of the amendment is that these members will always be appointed by

the Secretary of State.

Mr David Laws

Stephen Williams

Annette Brooke

121

Schedule  3,  page  155,  line  5,  at end insert—

‘(d)	at least one principal or governor of a futher education college, and

(e)	at least one principal or governor of a sixth form college.’.

Jim Knight

Mr Siôn Simon

320

Schedule  3,  page  155,  line  13,  leave out second ‘a’ and insert ‘an ordinary’.

Member’s explanatory statement

The effect of this amendment is that the requirement in paragraph 2(5) of Schedule 3 will apply

only to the members of the YPLA other than the chief executive.

Public Bill Committee: 12 March 2009

230

Apprenticeships, Skills, Children and Learning Bill, continued

Jim Knight

Mr Siôn Simon

321

Schedule  3,  page  155,  line  13,  leave out ‘or the YPLA’.

Member’s explanatory statement

This amendment is consequent on amendment 319.

Jim Knight

Mr Siôn Simon

322

Schedule  3,  page  155,  line  17,  leave out ‘members of the YPLA’ and insert ‘chair

and other ordinary members’.

Member’s explanatory statement

This amendment, with amendments 323 to 325, restricts the application of paragraph 3 of Schedule

3 to members of the YPLA other than the chief executive. The chief executive‘s term of office will

be determined in accordance with conditions of service set under paragraph 5(A1): see

amendment 330.

Jim Knight

Mr Siôn Simon

323

Schedule  3,  page  155,  line  20,  leave out ‘A member of the YPLA’ and insert ‘The

chair and other ordinary members’.

Member’s explanatory statement

See Member’s explanatory statement for amendment 322.

Jim Knight

Mr Siôn Simon

324

Schedule  3,  page  155,  line  22,  leave out ‘a member of the YPLA’ and insert ‘an

ordinary member’.

Member’s explanatory statement

See Member’s explanatory statement for amendment 322.

Jim Knight

Mr Siôn Simon

325

Schedule  3,  page  155,  line  27,  leave out ‘a member of the YPLA’ and insert ‘the

chair or another ordinary member’.

Member’s explanatory statement

See Member’s explanatory statement for amendment 322.

Jim Knight

Mr Siôn Simon

326

Schedule  3,  page  155,  line  28,  at end insert—

‘(5)	If the chair ceases to be an ordinary member, the person also ceases to be the

chair.’.

Member’s explanatory statement

This amendment provides for a member of the YPLA who is also its chair to cease to be the chair

on ceasing to be a member.

Public Bill Committee: 12 March 2009

231

Apprenticeships, Skills, Children and Learning Bill, continued

Jim Knight

Mr Siôn Simon

327

Schedule  3,  page  155,  line  31,  leave out ‘its’ and insert ‘the ordinary’.

Member’s explanatory statement

This amendment, with amendments 328 and 329, restricts the application of paragraph 4 of

Schedule 3 to members of the YPLA other than the chief executive. The chief executive‘s pay and

pension will be determined in accordance with conditions of service set under paragraph 5(A1):

see amendment 330.

Jim Knight

Mr Siôn Simon

328

Schedule  3,  page  155,  line  34,  leave out ‘member of the YPLA’ and insert

‘ordinary member’.

Member’s explanatory statement

See Member’s explanatory statement for amendment 327.

Jim Knight

Mr Siôn Simon

329

Schedule  3,  page  155,  line  35,  leave out ‘a member of the YPLA’ and insert ‘an

ordinary member’.

Member’s explanatory statement

See Member’s explanatory statement for amendment 327.

Jim Knight

Mr Siôn Simon

330

Schedule  3,  page  155,  line  40,  at end insert—

‘(A1)

The chief executive is to be appointed by the Secretary of State, on conditions

of service determined by the Secretary of State.’.

Member’s explanatory statement

The effect of this amendment is that the chief executive of the YPLA will be a member of its staff

and will always be appointed by the Secretary of State, on conditions of service determined by the

Secretary of State.

Jim Knight

Mr Siôn Simon

331

Schedule  3,  page  155,  line  41,  after ‘appoint’ insert ‘other members of’.

Member’s explanatory statement

This amendment is consequent on amendment 330.

Public Bill Committee: 12 March 2009

232

Apprenticeships, Skills, Children and Learning Bill, continued

Jim Knight

Mr Siôn Simon

332

Schedule  3,  page  156,  line  1,  leave out sub-paragraph (2) and insert—

‘(2)	The conditions of service of the other members of the YPLA’s staff are to be

determined by the YPLA with the approval of the Secretary of State.’.

Member’s explanatory statement

This amendment provides for the YPLA to determine the conditions of service of members of staff

other than the chief executive, with the Secretary of State‘s approval.

Mr Nick Gibb

Mrs Maria Miller

Mr John Hayes

Bill Wiggin

126

Schedule  3,  page  157,  line  4,  at end insert—

‘(6)	The YPLA must have regard to regulations in relation to a committee, established

jointly with the Chief Executive of Skills Funding, with responsibility for capital

building projects for further education and sixth form colleges.’.

Jim Knight

Mr Siôn Simon

333

Schedule  3,  page  157,  line  37,  leave out ‘the chief executive or any of the ordinary

members’ and insert ‘any of the other ordinary members or the chief executive’.

Member’s explanatory statement

This amendment is consequent on amendment 319.

Jim Knight

Mr Siôn Simon

305

Schedule  3,  page  160,  line  23,  leave out ‘this or any other’ and insert ‘any’.

Member’s explanatory statement

See Member’s explanatory statement for amendment 291.

Mr John Hayes

Mr Nick Gibb

Mrs Maria Miller

Bill Wiggin

240

Clause  58,  page  38,  line  5,  at beginning insert ‘Under guidance from the Chief

Executive of the Skills Funding Agency,’.

Mr David Laws

Stephen Williams

Annette Brooke

256

Clause  58,  page  38,  leave out lines 6 to 12 and insert—

‘(a)	local education authorities for the purposes of their functions in relation

to the education or training of persons—

---

Revised 12 March 2009