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Public Bill Committee: 24 March 2009                  

608

 

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: 24 March 2009                  

609

 

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.’.

 


 

Children to be seen separately

 

Mr David Laws

 

Stephen Williams

 

Annette Brooke

 

NC21

 

To move the following Clause:—

 

‘After section 16 of the Children Act 2004 insert—

 

“16A  

Children to be seen separately

 

(1)    

The children’s services authority shall secure that, when any child who is

 

the subject of—

 

(a)    

an investigation under section 47 of the Children Act 1989, or

 

(b)    

a child protection plan agreed by the Local Safeguarding

 

Children Board

 

    

is visited by his or her key worker, the child shall if practicable and

 

reasonable in the circumstances, be seen separately from his or her parent

 

or care-giver.

 

(2)    

Where the child is not seen separately from his or her parent or care-giver

 

under subsection (1) the reasons for not doing so shall be recorded by the

 

key worker.

 

(3)    

The key worker referred to in subsections (1) and (2) is—

 

(a)    

in the case of subsection (1)(a) the lead social worker appointed

 

by the children’s services authority; and

 

(b)    

in the case of subsection (1)(b), the key worker appointed by the

 

Local Safeguarding Children Board.”’.

 



 
 

Public Bill Committee: 24 March 2009                  

610

 

Apprenticeships, Skills, Children and Learning Bill, continued

 
 

Achievement and attainment tables

 

Mr David Laws

 

Stephen Williams

 

Annette Brooke

 

NC22

 

To move the following Clause:—

 

‘Ofqual shall set and publish the criteria and indicators, including those for the

 

allocation of credit ratings, which shall be used for the allocation of qualifications

 

contained within achievement and attainment tables published by the Secretary

 

of State.’.

 


 

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.

 

      (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.


 
 

Public Bill Committee: 24 March 2009                  

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Apprenticeships, Skills, Children and Learning Bill, continued

 
 

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.

 

      (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—


 
 

Public Bill Committee: 24 March 2009                  

612

 

Apprenticeships, Skills, Children and Learning Bill, continued

 
 

(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—

 

(a)    

becoming a member of the company, and

 

(b)    

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

 

otherwise.


 
 

Public Bill Committee: 24 March 2009                  

613

 

Apprenticeships, Skills, Children and Learning Bill, continued

 
 

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—

 

(a)  

at 4.00 pm on Tuesday 3 March;

 

(b)  

at 9.00 am and 1.00 pm on Thursday 5 March;

 

(c)  

at 10.30 am and 4.00 pm on Tuesday 10 March;

 

(d)  

at 9.00 am and 1.00 pm on Thursday 12 March;


 
 

Public Bill Committee: 24 March 2009                  

614

 

Apprenticeships, Skills, Children and Learning Bill, continued

 
 

(e)  

at 10.30 am and 4.00 pm on Tuesday 17 March;

 

(f)  

at 9.00 am and 1.00 pm on Thursday 19 March;

 

(g)  

at 10.30 am and 4.00 pm on Tuesday 24 March;

 

(h)  

at 9.00 am and 1.00 pm on Thursday 26 March;

 

(i)  

at 10.30 am and 4.00 pm on Tuesday 31 March;

 

(2)  

the Committee shall hear oral evidence in accordance with the following

 

Table:

 

TABLE

 

Date

Time

Witness

 
 

Tuesday 3 March

Until no later than 12 noon

Confederation of British

 
   

Industry; British

 
   

Chambers of Commerce;

 
   

Trades Union Congress;

 
   

Alliance of Sector Skills

 
   

Councils

 
 

Tuesday 3 March

Until no later than 1.00 pm

Association of Colleges;

 
   

157 Group; Sixth Form

 
   

Colleges Forum; Public

 
   

and Commercial Services

 
   

Union; National Institute

 
   

of Adult and Continuing

 
   

Education

 
 

Tuesday 3 March

Until no later than 5.30 pm

Association of Directors

 
   

of Children’s Services;

 
   

Local Government

 
   

Association; Specialist

 
   

Schools and Academies

 
   

Trust; The Harris

 
   

Foundation; Connexions

 
   

Greater Merseyside

 
 

Tuesday 3 March

Until no later than 7.00 pm

Office of the

 
   

Qualifications and

 
   

Examinations Regulator;

 
   

Qualifications and

 
   

Curriculum Authority;

 
   

Oxford Cambridge and

 
   

RSA Examinations;

 
   

Assessment and

 
   

Qualifications Alliance

 
 

Thursday 5 March

Until no later than 10.25 am

Association of School and

 
   

College Leaders; National

 
   

Association of

 
   

Schoolmasters and Union

 
   

of Women Teachers;

 
   

National Union of

 
   

Teachers

 
 

Thursday 5 March

Until no later than 2.00 pm

Sir Alan Steer

 
 

Thursday 5 March

Until no later than 3.00 pm

Action for Children;

 
   

4Children; Family and

 
   

Parenting Institute

 
 

Thursday 5 March

Until no later than 4.00 pm

UNISON; GMB; UNITE;

 
   

Local Government

 
   

Employers; Foundation

 
   

and Aided Schools

 
   

National Association

 
 

Tuesday 10 March

Until no later than 1.00 pm

Department for Children,

 
   

Schools and Families;

 
   

Department for

 
   

Innovation, Universities

 
   

and Skills

 

 
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