House of Commons Amendments

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

Public Bill Committee: 12 March 2009
281

Apprenticeships, Skills, Children and Learning Bill, continued

“312A
Children subject to detention

(1)
No provision of, or made under, this Part applies in relation to a child

who is subject to a detention order and detained in relevant youth

accommodation.

(2)
The following provisions of this section apply where a child who has

been subject to a detention order is released having, immediately before

release, been detained in relevant youth accommodation.

(3)
Subject to subsection (5), a statement which was maintained for the child

by a local education authority under section 324 immediately before the

beginning of the detention is, from the child’s release, to be treated as

being maintained by that authority under section 324.

(4)
In subsection (3) “the beginning of the detention” means—

(a)
the beginning of the period of detention in relevant youth

accommodation, or

(b)
where that period is part of a continuous period, comprising—

(i)
periods of detention in relevant youth accommodation

and in other accommodation, or

(ii)
periods of detention pursuant to two or more orders of

any court,


the beginning of that continuous period.

(5)
Where, on the child’s release, a local education authority (“the new

authority”) other than the authority mentioned in subsection (3) (“the old

authority”) becomes responsible for the child for the purposes of this

Part—

(a)
the old authority must transfer the statement to the new authority,

and

(b)
from the child’s release, the statement is to be treated as being

maintained by the new authority under section 324.”

(3)
In section 328(5) (reviews of educational needs), at the end of paragraph (a) (but

before “and”) insert—

“(aa)
where the child concerned—

(i)
has been subject to a detention order, and

(ii)
immediately before release was detained in relevant

youth accommodation,


on the child’s release from detention,”.’.

Member’s explanatory statement

This new clause inserts new provisions into Part 4 of the Education Act 1996 to suspend that Part

while a person is detained in relevant youth accommodation and make provision for a statement

of special educational needs maintained before a person’s detention to be revived and reviewed

on their release.

Public Bill Committee: 12 March 2009
282

Apprenticeships, Skills, Children and Learning Bill, continued

Free school meals

Mr David Laws

Stephen Williams

Annette Brooke

NC1

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,

(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

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.”.’.

Public Bill Committee: 12 March 2009
283

Apprenticeships, Skills, Children and Learning Bill, continued

Complaints about transport arrangements

Mr David Laws

Stephen Williams

Annette Brooke

NC3

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)

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.”.

Public Bill Committee: 12 March 2009
284

Apprenticeships, Skills, Children and Learning Bill, continued

(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).”.’.

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

Mr David Laws

Stephen Williams

Annette Brooke

NC4

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

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—

Public Bill Committee: 12 March 2009
285

Apprenticeships, Skills, Children and Learning Bill, continued

(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

(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.’.

Public Bill Committee: 12 March 2009
286

Apprenticeships, Skills, Children and Learning Bill, continued

Communication with sixth form colleges

Mr Nick Gibb

Mrs Maria Miller

Mr John Hayes

Bill Wiggin

NC6

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.

(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.’.

Public Bill Committee: 12 March 2009
287

Apprenticeships, Skills, Children and Learning Bill, continued

Prescribed courses

Mr Nick Gibb

Mrs Maria Miller

Mr John Hayes

Bill Wiggin

NC7

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.’.

Payments to employers

Mr Nick Gibb

Mr John Hayes

Mrs Maria Miller

Bill Wiggin

NC8

To move the following Clause:—

‘(1)
The Chief Executive of Skills Funding shall ensure that—

(a)
all employers who take on an apprentice within a recognised

apprenticeships framework are paid directly by the Chief Executive of

Skills Funding;

(b)
funding for apprentices is paid out in one sum at the beginning of the

apprenticeship framework; and

(c)
another sum is paid out upon completion.

(2)
The Chief Executive of Skills Funding shall ensure that—

(a)
any company with between 1 and 250 employees that subsequently takes

on a full-time apprentice within a recognised apprenticeship framework

should be paid a direct bonus on the learner’s completion of the full

apprenticeship framework;

(b)
the bonus stipulated is paid in one sum upon completion of the full

apprenticeship framework; and

(c)
a consultation process with small to medium companies engaged in fields

related to science, engineering, technology and mathematics is

undertaken with reference to the size of the financial incentive for these

sectors.

(3)
The Chief Executive of Skills Funding shall—

(a)
ensure that funds shall be provided for group training associations to

provide apprenticeship training;

(b)
ensure that funding is paid to employers involved in the establishment of

group training associations;

(c)
encourage employers who already operate successful apprenticeship

schemes to support group training associations.’.