House of Commons Amendments

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

Public Bill Committee: 24 March 2009
594

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: 24 March 2009
595

Apprenticeships, Skills, Children and Learning Bill, continued

Sharing of information for education and training purposes

Jim Knight

Mr Siôn Simon

NC20

To move the following Clause:—

‘(1)
A person within subsection (3) may provide information to another person within

that subsection, or a person within subsection (4), for the purpose of enabling or

facilitating the exercise of any relevant function.

(2)
A person within subsection (4) may provide information to a person within

subsection (3) for the purpose of enabling or facilitating the exercise of any

relevant function.

(3)
The persons within this subsection are—

(a)
the Chief Executive;

(b)
the Young People’s Learning Agency for England;

(c)
a designated person;

(d)
a member of the Chief Executive’s staff;

(e)
a member of staff of a designated person;

(f)
a person providing services to any person within paragraphs (a) to (c).

(4)
The persons within this subsection are—

(a)
a local education authority in England;

(b)
a person providing services to a local education authority in England in

its capacity as such.

(5)
In subsections (1) and (2), “relevant function” means—

(a)
any function of the Chief Executive,

(b)
any function of the Young People’s Learning Agency for England, or

(c)
any function conferred on a local education authority in England in its

capacity as such,


other than a function under this section.

(6)
In this section—

“the Chief Executive” means the Chief Executive of Skills Funding;

“designated person” means a person by whom any function of the Chief

Executive is exercisable by virtue of section 79(1);

“member of staff of a designated person” means a person—

(a)
appointed by a designated person to assist the designated person

in connection with the performance of any function exercisable

by the designated person by virtue of section 79(1), or

(b)
exercising any function of the Chief Executive by virtue of

section 79(4);

“member of the Chief Executive’s staff” means—

(c)
a member of the Chief Executive’s staff appointed by the Chief

Executive under paragraph 3 of Schedule 4, or

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

Secretary of State under arrangements under paragraph 5 of that

Schedule.

(7)
Nothing in this section—

(a)
affects any power to disclose information that exists apart from this

section, or

Public Bill Committee: 24 March 2009
596

Apprenticeships, Skills, Children and Learning Bill, continued

(b)
authorises the disclosure of any information in contravention of any

provision made by or under any Act which prevents disclosure of the

information.’.

Member’s explanatory statement

This new clause replaces clause 119 to allow information sharing between bodies and persons

replacing the Learning and Skills Council. It differs from clause 119 in not extending local

education authorities’ existing statutory powers to share information with each other and in

defining “member of the Chief Executive‘s staff”.

Surrender of recognition

Jim Knight

Mr Siôn Simon

NC23

To move the following Clause:—

‘(1)
A recognised body may give notice to Ofqual that it wishes to cease to be

recognised in respect of the award or authentication of a specified qualification or

description of qualification.

(2)
As soon as reasonably practicable after receipt of a notice under subsection (1)

Ofqual must give notice to the recognised body of the date on which the body is

to cease to be recognised in the respect in question (“the surrender date”).

(3)
In deciding the surrender date Ofqual must have regard to the need to avoid

prejudicing persons who are seeking, or might reasonably be expected to seek, to

obtain the qualification, or a qualification of the description, specified in the

notice under subsection (1).

(4)
Ofqual may make saving or transitional provision in connection with a recognised

body ceasing to be recognised in any respect by virtue of this section.’.

Member’s explanatory statement

This new clause allows a recognised body to surrender recognition by giving notice to Ofqual.

Ofqual has the power to decide the date on which the surrender takes effect (acting in accordance

with the requirements of subsections (2) and (3)) and may make saving or transitional provision.

Duty not to impose or maintain unnecessary burdens

Jim Knight

Mr Siôn Simon

NC24

To move the following Clause:—

‘(1)
Ofqual must keep its regulatory functions under review.

(2)
Ofqual must secure that in performing any of its regulatory functions it does

not—

(a)
impose burdens which it considers to be unnecessary, or

(b)
maintain burdens which it considers to have become unnecessary.

Public Bill Committee: 24 March 2009
597

Apprenticeships, Skills, Children and Learning Bill, continued

(3)
Subsection (2) does not require the removal of a burden which has become

unnecessary where its removal would, having regard to all the circumstances, be

impracticable or disproportionate.

(4)
Ofqual must publish a statement setting out—

(a)
what it proposes to do pursuant to subsections (1) and (2) in the period to

which the statement relates,

(b)
(except in the case of the first statement published under this section)

what it has done pursuant to subsections (1) and (2) since the previous

statement was published under this section, and

(c)
where a burden which has become unnecessary is maintained pursuant to

subsection (3), the reasons why the removal of the burden would, having

regard to all the circumstances, be impracticable or disproportionate.

(5)
The first statement published under this section—

(a)
must be published as soon as reasonably practicable after the

commencement of section 124, and

(b)
is to be a statement for the period of 12 months beginning with the day of

its publication.

(6)
A subsequent statement published under this section—

(a)
must be published during the period to which the previous statement

related or as soon as reasonably practicable after the end of that period,

and

(b)
must be a statement for the period of 12 months beginning with the end

of the period to which the previous statement related.

(7)
Ofqual must, in performing any of its regulatory functions during a period for

which a statement is in force under this section, have regard to the statement.

(8)
In this section “regulatory function” has the same meaning as in the Legislative

and Regulatory Reform Act 2006 (c. 51) (see section 32 of that Act).’.

Member’s explanatory statement

This new clause imposes a duty on Ofqual not to impose or maintain unnecessary regulatory

burdens. The clause is similar in effect to section 72 of the Regulatory Enforcement and Sanctions

Act 2008, which imposes almost identical duties on a range of regulators.

Parental complaints: law of defamation

Jim Knight

Mr Siôn Simon

NC25

To move the following Clause:—

‘(1)
For the purposes of the law of defamation the following are absolutely

privileged—

(a)
the publication of any matter in communications between a governing

body and a Local Commissioner, or any person discharging or assisting

in the discharge of a function of a Local Commissioner, for the purposes

of this Chapter;

(b)
the publication of any matter by a Local Commissioner or by any person

discharging or assisting in the discharge of a function of a Local

Commissioner, in communicating for the purposes of this Chapter with a

person mentioned in subsection (2);

Public Bill Committee: 24 March 2009
598

Apprenticeships, Skills, Children and Learning Bill, continued

(c)
the publication of any matter in preparing, making and sending a

statement in accordance with section 199;

(d)
the publication of any matter by inclusion in an adverse findings notice

published in accordance with section 200(3), (4) and (5) or (6);

(e)
the publication of any matter by inclusion in a statement or summary

published or supplied under section 201;

(f)
the publication of any matter contained in a report by a Local

Commissioner which has been made available to the public, being

publication by inclusion in a report made or published under section 204.

(2)
The persons mentioned in subsection (1)(b) are—

(a)
the governing body;

(b)
the complainant (or, if the complainant is the pupil, a parent of the

complainant);

(c)
Her Majesty’s Chief Inspector of Education, Children’s Services and

Skills;

(d)
the Parliamentary Commissioner for Administration;

(e)
a local education authority (within the meaning given by section 12 of the

Education Act 1996 (c. 56));

(f)
the Secretary of State.’.

Member’s explanatory statement

This new clause provides absolute privilege for the purposes of defamation. It ensures that

statements, communications, and certain other publications made by the Local Commissioner and

other parties during the course of an investigation into a complaint cannot be sued on as

defamatory.

Parental complaints: consultation with Parliamentary Commissioner for Administration

Jim Knight

Mr Siôn Simon

NC26

To move the following Clause:—

‘(1)
Subsection (2) applies if, at any stage in the course of an investigation under this

Chapter, a Local Commissioner forms the opinion that the matters which are the

subject of the investigation include a matter which could be the subject of an

investigation by the Parliamentary Commissioner for Administration in

accordance with the Parliamentary Commissioner Act 1967 (c. 13) (“the 1967

Act”).

(2)
The Local Commissioner—

(a)
must consult the Parliamentary Commissioner for Administration about

the matter; and

(b)
where a complaint was made about the matter must, if the Local

Commissioner considers it necessary, inform the complainant of the

steps necessary to initiate a complaint under the 1967 Act.

(3)
Consultation under subsection (2)(a) in relation to a matter under investigation

under this Chapter may be about anything relating to the matter, including—

(a)
the conduct of any investigation into the matter; and

(b)
the form, content and publication of any report or statement of the result

of such an investigation.

Public Bill Committee: 24 March 2009
599

Apprenticeships, Skills, Children and Learning Bill, continued

(4)
Subsection (5) applies if, at any stage in the course of conducting an investigation

under the 1967 Act, the Parliamentary Commissioner for Administration forms

the opinion that the complaint relates partly to a matter which could be the subject

of an investigation under this Chapter.

(5)
The Parliamentary Commissioner for Administration—

(a)
must consult the appropriate Local Commissioner about the complaint;

and

(b)
where the Parliamentary Commissioner considers it necessary, must

inform the person initiating the complaint of the steps necessary to

initiate a complaint under this Chapter.

(6)
Where a Local Commissioner is consulted about a complaint under the 1967 Act

by virtue of subsection (5), subsection (3) applies (with the necessary

modifications) as it applies in relation to consultations held by virtue of

subsection (2).

(7)
Section 11(2) of the 1967 Act (secrecy) does not apply in relation to the

disclosure of information in the course of consultations held in accordance with

this section.’

Member’s explanatory statement

This new clause places a duty on both the Local Commissioner and the Parliamentary

Commissioner for Administration to consult and disclose information to one another where a

complaint they are investigating may relate to a matter the other is also investigating.

Parental complaints: arrangements etc. to be made by Commission

Jim Knight

Mr Siôn Simon

NC27

To move the following Clause:—

‘(1)
The Commission for Local Administration in England (“the Commission”)

must—

(a)
divide the matters which may be investigated under this Chapter into

such categories as it considers appropriate; and

(b)
allocate, or make arrangements for allocating, responsibility for each

category of matter to one or more of the Local Commissioners.

(2)
The Commission—

(a)
must make arrangements for Local Commissioners to deal with matters

for which they do not have responsibility pursuant to subsection (1); and

(b)
must publish information about the procedures for making complaints

under this Chapter.’.

Member’s explanatory statement

This new clause provides that the Commission must divide matters which may be investigated into

appropriate categories and allocate responsibility for each category between the Local

Commissioners. The Commission must also publish information about the procedures for making

complaints under Chapter 2 of Part 10.

Public Bill Committee: 24 March 2009
600

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.”.’.