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| Clause 54, page 35, leave out lines 39 to 41. |
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| Member’s explanatory statement
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| This amendment is consequent on amendment 282. |
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| Schedule 2, page 152, line 30, leave out from ‘(1)’ to end of line 31 and insert ‘after |
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| “secondary education” insert “and, in the case of a local education authority in England, |
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| Member’s explanatory statement
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| This amendment is consequent on amendment 282. |
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| Schedule 2, page 152, line 34, leave out from ‘persons’ to end of line and insert ‘— |
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| | (a) | who are over compulsory school age but under 19, or |
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| | (b) | who are aged 19 or over but under 25 and are subject to |
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| | learning difficulty assessment. |
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| | (4) | For the purposes of this Act a person is subject to learning difficulty |
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| | (a) | a learning difficulty assessment has been conducted in respect |
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| | (b) | arrangements for a learning difficulty assessment to be |
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| | conducted in respect of the person have been made or are |
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| | (5) | In subsection (4), a “learning difficulty assessment” means an |
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| | assessment under section 139A or 140 of the Learning and Skills Act |
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| | 2000 (assessments relating to learning difficulties). |
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| | (6) | For the purposes of subsection (1), persons who are subject to a |
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| | detention order are to be regarded as part of the population of the area |
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| | in which they are detained (and not any other area).”’. |
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| | Member’s explanatory statement
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| | New section 13(4) and (5) of the Education Act 1996 defines when persons are subject to a learning |
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| | difficulty assessment for 1996 Act purposes. New section 13(6) identifies the area to whose |
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| | population persons subject to a detention order are treated as belonging for section 13(1) |
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| Schedule 2, page 153, line 13, after ‘functions’ insert ‘and their relevant training |
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| Member’s explanatory statement
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| This amendment is consequential on clause 47 and ensures that section 13A of the Education Act |
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| 1996 applies to local education authorities in Wales when they exercise their new training |
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| functions under new section 18A(1)(b) of that Act. |
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| Schedule 2, page 153, line 16, leave out ‘educational’ and insert ‘learning’. |
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| Member’s explanatory statement
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| This amendment is consequent on amendment 348. |
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| Schedule 2, page 153, leave out lines 19 to 21. |
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| Member’s explanatory statement
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| This amendment is consequent on amendment 282. |
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| Schedule 2, page 154, line 18, leave out from ‘difficulty”)’ to end of line 19 and |
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| insert ‘for “15A or 15B” substitute “15ZA, 15A, 15B or 18A”’. |
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| Member’s explanatory statement
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| This amendment clarifies that the definition of “learning difficulty” which applies to section 18A |
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| is that set out in new section 15ZA(7) and (8) of the Education Act 1996 (as inserted by clause 40). |
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| Schedule 2, page 154, line 24, at end insert— |
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| | ‘ | After section 569 insert— |
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| | “569A | Regulations made by Welsh Ministers under Chapter 5A |
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| | (1) | Any power of the Welsh Ministers to make regulations under Chapter |
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| | 5A shall be exercised by statutory instrument. |
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| | (2) | A statutory instrument containing any such regulations made by the |
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| | Welsh Ministers shall be subject to annulment in pursuance of a |
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| | resolution of the National Assembly for Wales. |
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| | (3) | Any such regulations may make different provision for different cases, |
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| | circumstances or areas and may contain such incidental, supplemental, |
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| | saving or transitional provisions as the Welsh Ministers think fit.” |
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| | | In section 579(1) (general interpretation)— |
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| | (a) | in the definition of “prescribed”, after ““prescribed”” insert “(except |
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| | (b) | in the definition of “regulations”, after ““regulations”” insert “(except |
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| | Member’s explanatory statement
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| | This amendment is consequent on amendment 344 and reinserts new section 569A of the Education |
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| Schedule 2, page 154, leave out lines 25 to 27 and insert— |
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| | | ‘In section 580 (index) insert the following entries at the appropriate places— |
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| “relevant young adult (in sections |
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| “relevant youth accommodation |
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| “subject to a detention order |
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| “subject to learning difficulty |
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| | Member’s explanatory statement
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| | This amendment is consequent on amendments 271and 282. |
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| Schedule 2, page 154, line 27, at end insert— |
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| | Education Act 2002 (c. 32) |
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| | ‘ | In section 207(2) of the Education Act 2002 (c. 32) (recoupment: adjustment |
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| | between local education authorities), for “primary education and secondary |
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| | education)” substitute “— |
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| | (c) | education provided under section 562C of the Education Act |
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| | 1996 (detention of persons with special educational needs: |
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| | appropriate special educational provision).”’. |
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| | Member’s explanatory statement
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| | This amendment amends section 207 of the Education Act 2002 to enable regulations to make |
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| | provision for a local education authority to recoup the cost of making the special educational |
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| | provision required under new section 562C of the Education Act 1996 (inserted by NC17) from |
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| Clause 57, page 37, line 26, leave out subsection (1) and insert— |
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| | ‘(1) | There is to be a body which is part of the Skills Funding Agency known as the |
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| | Young Person Learning Agency for England.’. |
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| Clause 57, page 37, line 28, at end insert— |
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| | ‘(2A) | The YPLA is not permitted to employ more than 500 people in total.’. |
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| Schedule 3, page 155, leave out lines 3 to 12 and insert— |
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| | ‘(a) | between 6 and 16 members appointed by the Secretary of State (the |
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| | (b) | the chief executive of the YPLA. |
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| | (2) | The Secretary of State must appoint one of the ordinary members to chair the |
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| | Member’s explanatory statement
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| | This amendment changes the requirements for the appointment of members of the YPLA other than |
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| | the chief executive. The effect of the amendment is that these members will always be appointed by |
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| Schedule 3, page 155, line 5, at end insert— |
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| | ‘(d) | at least one principal or governor of a futher education college, and |
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| | (e) | at least one principal or governor of a sixth form college.’. |
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| Schedule 3, page 155, line 13, leave out second ‘a’ and insert ‘an ordinary’. |
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| Member’s explanatory statement
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| The effect of this amendment is that the requirement in paragraph 2(5) of Schedule 3 will apply |
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| only to the members of the YPLA other than the chief executive. |
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| Schedule 3, page 155, line 13, leave out ‘or the YPLA’. |
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| Member’s explanatory statement
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| This amendment is consequent on amendment 319. |
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| Schedule 3, page 155, line 17, leave out ‘members of the YPLA’ and insert ‘chair |
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| and other ordinary members’. |
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| Member’s explanatory statement
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| This amendment, with amendments 323 to 325, restricts the application of paragraph 3 of Schedule |
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| 3 to members of the YPLA other than the chief executive. The chief executive‘s term of office will |
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| be determined in accordance with conditions of service set under paragraph 5(A1): see |
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| Schedule 3, page 155, line 20, leave out ‘A member of the YPLA’ and insert ‘The |
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| chair and other ordinary members’. |
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| Member’s explanatory statement
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| See Member’s explanatory statement for amendment 322. |
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| Schedule 3, page 155, line 22, leave out ‘a member of the YPLA’ and insert ‘an |
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| Member’s explanatory statement
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| See Member’s explanatory statement for amendment 322. |
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| Schedule 3, page 155, line 27, leave out ‘a member of the YPLA’ and insert ‘the |
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| chair or another ordinary member’. |
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| Member’s explanatory statement
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| See Member’s explanatory statement for amendment 322. |
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| Schedule 3, page 155, line 28, at end insert— |
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| | ‘(5) | If the chair ceases to be an ordinary member, the person also ceases to be the |
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| | Member’s explanatory statement
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| | This amendment provides for a member of the YPLA who is also its chair to cease to be the chair |
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| | on ceasing to be a member. |
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| Schedule 3, page 155, line 31, leave out ‘its’ and insert ‘the ordinary’. |
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| Member’s explanatory statement
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| This amendment, with amendments 328 and 329, restricts the application of paragraph 4 of |
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| Schedule 3 to members of the YPLA other than the chief executive. The chief executive‘s pay and |
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| pension will be determined in accordance with conditions of service set under paragraph 5(A1): |
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| Schedule 3, page 155, line 34, leave out ‘member of the YPLA’ and insert |
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| Member’s explanatory statement
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| See Member’s explanatory statement for amendment 327. |
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| Schedule 3, page 155, line 35, leave out ‘a member of the YPLA’ and insert ‘an |
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| Member’s explanatory statement
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| See Member’s explanatory statement for amendment 327. |
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| Schedule 3, page 155, line 40, at end insert— |
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| | ‘(A1) | The chief executive is to be appointed by the Secretary of State, on conditions |
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| | of service determined by the Secretary of State.’. |
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| | Member’s explanatory statement
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| | The effect of this amendment is that the chief executive of the YPLA will be a member of its staff |
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| | and will always be appointed by the Secretary of State, on conditions of service determined by the |
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| Schedule 3, page 155, line 41, after ‘appoint’ insert ‘other members of’. |
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| Member’s explanatory statement
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| This amendment is consequent on amendment 330. |
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| Schedule 3, page 156, line 1, leave out sub-paragraph (2) and insert— |
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| | ‘(2) | The conditions of service of the other members of the YPLA’s staff are to be |
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| | determined by the YPLA with the approval of the Secretary of State.’. |
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| | Member’s explanatory statement
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| | This amendment provides for the YPLA to determine the conditions of service of members of staff |
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| | other than the chief executive, with the Secretary of State‘s approval. |
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| Schedule 3, page 157, line 4, at end insert— |
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| | ‘(6) | The YPLA must have regard to regulations in relation to a committee, established |
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| | jointly with the Chief Executive of Skills Funding, with responsibility for capital |
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| | building projects for further education and sixth form colleges.’. |
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| Schedule 3, page 157, line 37, leave out ‘the chief executive or any of the ordinary |
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| members’ and insert ‘any of the other ordinary members or the chief executive’. |
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| Member’s explanatory statement
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| This amendment is consequent on amendment 319. |
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| Schedule 3, page 160, line 23, leave out ‘this or any other’ and insert ‘any’. |
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| Member’s explanatory statement
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| See Member’s explanatory statement for amendment 291. |
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| Clause 58, page 38, line 5, at beginning insert ‘Under guidance from the Chief |
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| Executive of the Skills Funding Agency,’. |
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| Clause 58, page 38, leave out lines 6 to 12 and insert— |
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| | ‘(a) | local education authorities for the purposes of their functions in relation |
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| | to the education or training of persons— |
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