House of Commons Amendments

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

Public Bill Committee: 12 March 2009
288

Apprenticeships, Skills, Children and Learning Bill, continued

Skills Funding Agency

Mr David Laws

Stephen Williams

Annette Brooke

NC9

To move the following Clause:—

‘(1)
There is to be a body corporate called the Skills Funding Agency.

(2)
The discharge of the powers and duties of the Skills Funding Agency shall be the

responsibility of the Chief Executive of Skills Funding.

(3)
The Secretary of State must make regulations to amend Section 49(a) of the

Disability Discrimination Act 1995 to impose a specific duty on the Skills

Funding Agency with a requirement to publish a disability equality scheme by 1st

December 2009.’.

Persons aged 16 to 18 with a learning difficulty

Mr David Laws

Stephen Williams

Annette Brooke

NC10

To move the following Clause:—

‘(1)
The Chief Executive must, in performing the functions of the office, have regard

to the needs of persons with learning difficulties to whom this section applies.

(2)
This section applies to persons who are aged 16 to 18, other than persons who are

aged under 25 and are subject to learning difficulty assessment.

(3)
For the purposes of this section, a person has a learning difficulty if—

(a)
the person has a significantly greater difficulty in learning than the

majority of persons the same age, or

(b)
the person has a disability which prevents or hinders the person from

making use of facilities of a kind generally provided by institutions

providing education falling within section 92(1)(a) or (b).’.

Provision of support in the apprenticeship workplace

Mr David Laws

Stephen Williams

Annette Brooke

NC11

To move the following Clause:—

‘(1)
The Chief Executive of Skills Funding has a duty to ensure that apprentices with

learning difficulties receive appropriate support in the workplace through—

(a)
special educational needs provision for apprentices in the workplace over

the age of 16; and

Public Bill Committee: 12 March 2009
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Apprenticeships, Skills, Children and Learning Bill, continued

(b)
The Access to Work Scheme.

(2)
The Chief Executive of Skills Funding has a duty to ensure that employers and

apprentices are informed of their entitlement to support in the apprenticeship

workplace.

(3)
In this section “support in the apprenticeship workplace” includes special

educational needs provision (regardless of whether the apprentice is subject to

learning difficulty assessment) and the Access to Work Scheme.’.

Council for Adult Skills and Higher Education

Stephen Williams

Mr David Laws

Annette Brooke

NC12

To move the following Clause:—

‘A new Council for Adult Skills and Higher Education shall be established to

distribute funding for all adult education, taking over the current functions of the

Learning and Skills Council and the Higher Education and Funding Council for

England and with the National Apprenticeships Service as a subordinate body.’.

Group training associations

Stephen Williams

Mr David Laws

Annette Brooke

NC13

To move the following Clause:—

‘The National Apprenticeships Service shall establish Group Training

Associations to assist small employers in the provision of apprentice places.’.

Public Bill Committee: 12 March 2009
290

Apprenticeships, Skills, Children and Learning Bill, continued

Review of wage levels

Stephen Williams

Mr David Laws

Annette Brooke

NC14

To move the following Clause:—

‘The National Apprenticeships Service shall undertake periodic reviews of the

level of wages paid to apprentices.’.

Academy arrangements

Mr Nick Gibb

Mr John Hayes

Mrs Maria Miller

Bill Wiggin

NC15

To move the following Clause:—

‘(1)
The Secretary of State may require the Chief Executive of Academies to enter

into Academy arrangements with the Secretary of State.

(2)
For the purposes of this section and sections 75 and 76 “Academy arrangements”

are arrangements under which the Chief Executive of Academies is required to

exercise specified Academy functions on the Secretary of State’s behalf in

accordance with the arrangements.

(3)
An “Academy function” is a function of the Secretary of State relating to or

exercisable in connection with—

(a)
Academies, city technology colleges or city colleges for the technology

of the arts generally,

(b)
a particular, or particular description of, Academy, city technology

college or city college for the technology of the arts.

(4)
Academy functions include in particular functions of the Secretary of State

under—

(a)
section 482 of the Education Act 1996 (c. 56) (Academies) or an

agreement entered into under that section,

(b)
Schedule 35A to that Act (Academies: land).

(5)
References in a provision made by or under this or any other Act to the functions

of the Chief Executive of Academies do not include any functions conferred or

imposed on the Chief Executive of Academies under Academy arrangements.’.

Public Bill Committee: 12 March 2009
291

Apprenticeships, Skills, Children and Learning Bill, continued

Chief Executive of Academies

Mr Nick Gibb

Mr John Hayes

Mrs Maria Miller

Bill Wiggin

NC16

To move the following Clause:—

‘(1)
There is to be a Chief Executive of Academies.

(2)
In this Part that person is referred to as “the Chief Executive of Academies”.

(3)
The Chief Executive of Academies is to be appointed by the Secretary of State.

(4)
The Chief Executive of Academies is to perform the functions of the office in

relation to England only.

(5)
Schedule [The Chief Executive of Academies] makes further provision about the

Chief Executive of Academies.’.

New Schedule

Mr Nick Gibb

Mr John Hayes

Mrs Maria Miller

Bill Wiggin

NS1

To move the following Schedule:—

‘the chief executive of academies

Status

1    (1)
The Chief Executive of Academies is to perform the functions of the office on

behalf of the Crown.

      (2)
The person for the time being holding the office of Chief Executive of

Academies is by the name of that office to be a corporation sole.

Tenure of office and terms of appointment

2    (1)
The Secretary of State may remove the Chief Executive of Academies from

office on the grounds of inability or unfitness to carry out the functions of the

office.

      (2)
The Chief Executive of Academies may resign at any time by giving written

notice to the Secretary of State.

      (3)
Otherwise, the Chief Executive of Academies holds and vacates office in

accordance with the terms of appointment to that office (which may include

provision for dismissal).

      (4)
Service as Chief Executive of Academies is to be service in the civil service of

the State.

Staff

3    (1)
The Chief Executive of Academies may appoint staff.

Public Bill Committee: 12 March 2009
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Apprenticeships, Skills, Children and Learning Bill, continued

      (2)
Service as a member of the Chief Executive of Academy’s staff is to be service

in the civil service of the State.

      (3)
Subject to sub-paragraph (2), the conditions of service of the staff appointed

by the Chief Executive of Academies are to be determined by the Chief

Executive of Academies.

Delegation

4    (1)
The Chief Executive of Academies may delegate any of the functions of the

office to—

(a)
a member of the Chief Executive of Academies’ staff appointed under

paragraph 3, or

(b)
a member of staff provided to the Chief Executive of Academies by

the Secretary of State under arrangements under paragraph 5.

      (2)
Any delegation under sub-paragraph (1) is to be to the extent, and on terms that

the Chief Executive of Academies determines.

Arrangements with Secretary of State

5
The Secretary of State and the Chief Executive of Academies may enter into

arrangements with each other for the provision to the Chief Executive of

Academies by the Secretary of State, on such terms as may be agreed, of staff,

accommodation or services.

Funding

6    (1)
The Secretary of State may make grants to the Chief Executive of Academies.

      (2)
Grants to the Chief Executive of Academies are to be made at such times and

subject to such conditions (if any) as the Secretary of State thinks appropriate.

      (3)
Conditions to which a grant is subject may—

(a)
set the Chief Executive of Academies’ budget for any financial year;

(b)
require the Chief Executive of Academies to use the grant for specified

purposes;

(c)
require the Chief Executive of Academies to comply with specified

requirements in respect of a person or persons of a specified

description in securing the provision of specified financial resources

to such persons;

(d)
enable repayment (in whole or part) to be required of sums paid by the

Secretary of State if any condition subject to which the grant was made

is not complied with;

(e)
require the payment of interest in respect of any period during which

a sum due to the Secretary of State in accordance with any condition

remains unpaid.

      (4)
Requirements which may be imposed under sub-paragraph (3)(c) include in

particular requirements that, if the Chief Executive of Academies provides

specified financial resources, the Chief Executive of Academies is to impose

specified conditions.

Reports

7    (1)
As soon as reasonably practicable after the end of each financial year the Chief

Executive of Academies must prepare an annual report for the financial year.

      (2)
The annual report must state how the Chief Executive of Academies has

performed the functions of the office in the financial year.

Public Bill Committee: 12 March 2009
293

Apprenticeships, Skills, Children and Learning Bill, continued

      (3)
The Chief Executive of Academies must send a copy of each report prepared

under sub-paragraph (1) to the Secretary of State.

      (4)
The Secretary of State must lay before Parliament a copy of each report

received under sub-paragraph (3) and arrange for it to be published.

      (5)
The Chief Executive of Academies—

(a)
may prepare other reports on matters relating to the functions of the

office, and

(b)
must send a copy of each report prepared under sub-sub-paragraph (a)

to the Secretary of State.

Accounts

8    (1)
The Chief Executive of Academies must—

(a)
keep proper accounts and proper records in relation to the accounts,

and

(b)
prepare annual accounts in respect of each financial year.

      (2)
The annual accounts must comply with any directions given by the Secretary

of State with the approval of the Treasury as to—

(a)
the information to be contained in them,

(b)
the manner in which the information contained in them is to be

presented, or

(c)
the methods and principles according to which the annual accounts are

to be prepared.

      (3)
Before the end of the month of August next following each financial year, the

Chief Executive of Academies must send copies of the annual accounts for the

year to—

(a)
the Secretary of State, and

(b)
the Comptroller and Auditor General.

      (4)
The Comptroller and Auditor General must—

(a)
examine, certify and report on the annual accounts, and

(b)
give a copy of the report to the Secretary of State.

      (5)
The Secretary of State must lay before Parliament—

(a)
a copy of any annual accounts received under sub-paragraph (3), and

(b)
a copy of each report received under sub-paragraph (4).

Supplementary powers

9    (1)
The Chief Executive of Academies may do anything that the Chief Executive

of Academies considers necessary or appropriate for the purposes of, or in

connection with, the functions of the office.

      (2)
The power in sub-paragraph (1) is subject to any restrictions imposed by or

under any provision of this or any other Act.

      (3)
The Chief Executive of Academies may not borrow money.

      (4)
The Chief Executive of Academies may not do any of the following without

the consent of the Secretary of State—

(a)
lend money;

(b)
form, participate in forming or invest in a company;

(c)
form, participate in forming or otherwise become a member of a

charitable incorporated organisation (within the meaning of section

69A of the Charities Act 1993 (c. 10)).

      (5)
In sub-paragraph (4)(b) the reference to investing in a company includes a

reference to—

Public Bill Committee: 12 March 2009
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Apprenticeships, Skills, Children and Learning Bill, continued

(a)
becoming a member of the company, and

(b)
investing in it by the acquisition of any assets, securities or rights or

otherwise.

Directions about management

10
The Secretary of State may give directions to the Chief Executive of

Academies about the financial and other management of and administrative

arrangements relating to the office comprising the Chief Executive of

Academies and the staff of the Chief Executive of Academies.

Financial year

11
In this Schedule “financial year” means—

(a)
the period beginning on the day on which section 78 comes into force

and ending on the following 31 March;

(b)
each successive period of 12 months.’.

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

which it meets.

Consideration and Third Reading

4.
Proceedings on consideration shall (so far as not previously concluded) be

brought to a conclusion one hour before the moment of interruption on the

day on which those proceedings are commenced.

5.
Proceedings on Third Reading shall (so far as not previously concluded) be

brought to a conclusion at the moment of interruption on that day.

6.
Standing Order No. 83B (Programming committees) shall not apply to

proceedings on consideration and Third Reading.

Other proceedings

7.
Any other proceedings on the Bill (including any proceedings on

consideration of Lords Amendments or on any further messages from the

Lords) may be programmed.

Order of the Committee [3 March 2009]

That—

(1)
the Committee shall (in addition to its first meeting at 10.30 am on Tuesday

3 March) meet—