House of Commons Amendments

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

195

House of Commons

Notices of Amendments

given on

Tuesday 10 March 2009

For other Amendment(s) see the following page(s) of Supplement to Votes:

Apprenticeships, Skills, Children and Learning Bill Committee 128-194

Public Bill Committee

Apprenticeships, Skills, Children and Learning Bill

Mr David Laws

Stephen Williams

Annette Brooke

288

Clause  235,  page  138,  line  10,  at end insert—

‘( )
reduce exclusion rates for pupils with special educational needs.’.

Mr David Laws

Stephen Williams

Annette Brooke

289

Clause  237,  page  139,  line  14,  at end insert—

‘( )
including expenditure on pupils with special educational needs.’.

Jim Knight

Mr Siôn Simon

290

Clause  73,  page  45,  line  6,  leave out ‘from time to time’.

Member’s explanatory statement

This technical drafting amendment is needed to achieve consistency in references in the Bill to the

exercise of continuing powers.

Jim Knight

Mr Siôn Simon

291

Clause  74,  page  46,  line  1,  leave out ‘this or any other’ and insert ‘any’.

Member’s explanatory statement

This technical drafting amendment is needed to achieve consistency in the provisions in the Bill

that refer to the Bill itself in conjunction with other Acts.

Notices of Amendments: 10 March 2009
196

Apprenticeships, Skills, Children and Learning Bill, continued

Jim Knight

Mr Siôn Simon

292

Clause  110,  page  65,  line  12,  leave out ‘this or any other’ and insert ‘any’.

Member’s explanatory statement

See Member’s explanatory statement for amendment 291.

Jim Knight

Mr Siôn Simon

293

Clause  114,  page  66,  line  21,  leave out ‘from time to time’.

Member’s explanatory statement

See Member’s explanatory statement for amendment 290.

Jim Knight

Mr Siôn Simon

294

Clause  130,  page  75,  line  20,  leave out ‘from time to time’.

Member’s explanatory statement

See Member’s explanatory statement for amendment 290.

Jim Knight

Mr Siôn Simon

295

Clause  131,  page  75,  line  31,  leave out ‘from time to time’.

Member’s explanatory statement

See Member’s explanatory statement for amendment 290.

Jim Knight

Mr Siôn Simon

296

Clause  133,  page  76,  line  39,  leave out ‘from time to time’.

Member’s explanatory statement

See Member’s explanatory statement for amendment 290.

Jim Knight

Mr Siôn Simon

297

Clause  135,  page  77,  line  20,  leave out ‘from time to time’.

Member’s explanatory statement

See Member’s explanatory statement for amendment 290.

Jim Knight

Mr Siôn Simon

298

Clause  137,  page  78,  line  6,  leave out ‘from time to time’.

Member’s explanatory statement

See Member’s explanatory statement for amendment 290.

Jim Knight

Mr Siôn Simon

299

Clause  140,  page  80,  line  5,  leave out ‘from time to time’.

Member’s explanatory statement

Notices of Amendments: 10 March 2009
197

Apprenticeships, Skills, Children and Learning Bill, continued

See Member’s explanatory statement for amendment 290.

Jim Knight

Mr Siôn Simon

300

Clause  146,  page  82,  line  38,  leave out ‘from time to time’.

Member’s explanatory statement

See Member’s explanatory statement for amendment 290.

Jim Knight

Mr Siôn Simon

301

Clause  156,  page  87,  line  10,  leave out ‘from time to time’.

Member’s explanatory statement

See Member’s explanatory statement for amendment 290.

Jim Knight

Mr Siôn Simon

302

Clause  157,  page  87,  line  29,  leave out ‘from time to time’.

Member’s explanatory statement

See Member’s explanatory statement for amendment 290.

Jim Knight

Mr Siôn Simon

303

Clause  181,  page  96,  line  13,  leave out ‘from time to time’.

Member’s explanatory statement

See Member’s explanatory statement for amendment 290.

Jim Knight

Mr Siôn Simon

304

Clause  235,  page  138,  line  12,  leave out ‘from time to time’.

Member’s explanatory statement

See Member’s explanatory statement for amendment 290.

Jim Knight

Mr Siôn Simon

305

Schedule  3,  page  160,  line  23,  leave out ‘this or any other’ and insert ‘any’.

Member’s explanatory statement

See Member’s explanatory statement for amendment 291.

Jim Knight

Mr Siôn Simon

306

Schedule  4,  page  163,  line  28,  leave out ‘this or any other’ and insert ‘any’.

Member’s explanatory statement

See Member’s explanatory statement for amendment 291.

Notices of Amendments: 10 March 2009
198

Apprenticeships, Skills, Children and Learning Bill, continued

Jim Knight

Mr Siôn Simon

307

Schedule  11,  page  201,  line  24,  leave out ‘this or any other’ and insert ‘any’.

Member’s explanatory statement

See Member’s explanatory statement for amendment 291.

Jim Knight

Mr Siôn Simon

308

Clause  58,  page  38,  line  10,  at end insert—

‘(aa)
persons providing or proposing to provide suitable education to children

subject to youth detention;’.

Member’s explanatory statement

This amendment places a duty on the YPLA to fund the provision of education to children who are

subject to youth detention.“Subject to youth detention” is defined in clause 77, as a result of

amendment 319.

Jim Knight

Mr Siôn Simon

309

Clause  58,  page  38,  line  12,  leave out ‘such education or training’ and insert

‘education or training within paragraph (a) or (aa)’.

Member’s explanatory statement

This amendment is consequent on amendment 308.

Jim Knight

Mr Siôn Simon

310

Clause  58,  page  38,  line  30,  after ‘(1)(a)’ insert ‘or (aa)’.

Member’s explanatory statement

This amendment is consequent on amendment 313 and confers power on the YPLA to fund persons

providing goods or services in connection with education provided to children subject to youth de

tention.

Jim Knight

Mr Siôn Simon

311

Clause  58,  page  39,  line  12,  after ‘(1)’ insert ‘(a)’.

Member’s explanatory statement

This amendment is consequent on amendment 313.

Jim Knight

Mr Siôn Simon

312

Clause  63,  page  41,  line  9,  at end insert—

‘(3)
The YPLA may secure the provision of suitable education for children subject to

youth detention.’.

Member’s explanatory statement

This amendment gives the YPLA the power to secure the provision of education for children subject

to youth detention.

Notices of Amendments: 10 March 2009
199

Apprenticeships, Skills, Children and Learning Bill, continued

Jim Knight

Mr Siôn Simon

313

Clause  64,  page  41,  line  12,  after ‘perform’ insert ‘— (a)’.

Member’s explanatory statement

This amendment, with amendment 316, amends clause 64 to confer power on the YPLA to inter

vene if an LEA has failed or is likely to fail to perform its duties in respect of people subject to youth

detention.

Jim Knight

Mr Siôn Simon

314

Clause  64,  page  41,  line  14,  leave out ‘(“the section 15ZA duty”)’ and insert ‘, or

(b)
its duty under section 18A(1) of that Act (duty to secure provision of

enough suitable education and training for persons subject to youth

detention).’.

Member’s explanatory statement

See Member’s explanatory statement for amendment 314.

Jim Knight

Mr Siôn Simon

315

Clause  64,  page  41,  line  17,  leave out ‘section 15ZA duty’ and insert ‘duty in

question’.

Member’s explanatory statement

This amendment is consequent on amendment 316.

Jim Knight

Mr Siôn Simon

316

Clause  69,  page  43,  line  28,  leave out ‘section 15ZA(1)’ and insert ‘sections

15ZA(1) and 18A(1)’.

Member’s explanatory statement

This amendment requires the YPLA to issue guidance about LEAs’ performance of their duties un

der section 18A of the Education Act 1996 to secure education for persons subject to youth deten

tion.

Jim Knight

Mr Siôn Simon

317

Clause  69,  page  43,  line  31,  leave out ‘functions’ and insert ‘duties’.

Member’s explanatory statement

This amendment is consequent on amendment 318.

Jim Knight

Mr Siôn Simon

318

Clause  77,  page  47,  line  16,  at end insert—

‘(2A)
For the purposes of this Part a child is subject to youth detention if—

(a)
subject to a detention order, and

(b)
detained in relevant youth accommodation.’.

Member’s explanatory statement

This amendment defines when a child is subject to youth detention, for the purposes of Part 3 of

the Bill.

Notices of Amendments: 10 March 2009
200

Apprenticeships, Skills, Children and Learning Bill, continued

Jim Knight

Mr Siôn Simon

319

Schedule  3,  page  155,  leave out lines 3 to 12 and insert—

‘(a)
between 6 and 16 members appointed by the Secretary of State (the

“ordinary members”), and

(b)
the chief executive of the YPLA.

      (2)
The Secretary of State must appoint one of the ordinary members to chair the

YPLA.’.

Member’s explanatory statement

This amendment changes the requirements for the appointment of members of the YPLA other than

the chief executive. The effect of the amendment is that these members will always be appointed by

the Secretary of State.

Jim Knight

Mr Siôn Simon

320

Schedule  3,  page  155,  line  13,  leave out second ‘a’ and insert ‘an ordinary’.

Member’s explanatory statement

The effect of this amendment is that the requirement in paragraph 2(5) of Schedule 3 will apply

only to the members of the YPLA other than the chief executive.

Jim Knight

Mr Siôn Simon

321

Schedule  3,  page  155,  line  13,  leave out ‘or the YPLA’.

Member’s explanatory statement

This amendment is consequent on amendment 322.

Jim Knight

Mr Siôn Simon

322

Schedule  3,  page  155,  line  17,  leave out ‘members of the YPLA’ and insert ‘chair

and other ordinary members’.

Member’s explanatory statement

This amendment, with amendments 325 to 327, restricts the application of paragraph 3 of Schedule

3 to members of the YPLA other than the chief executive. The chief executive‘s term of office will

be determined in accordance with conditions of service set under paragraph 5(A1): see amend

ment 330.

Jim Knight

Mr Siôn Simon

323

Schedule  3,  page  155,  line  20,  leave out ‘A member of the YPLA’ and insert ‘The

chair and other ordinary members’.

Member’s explanatory statement

See Member’s explanatory statement for amendment 323.

Jim Knight

Mr Siôn Simon

324

Schedule  3,  page  155,  line  22,  leave out ‘a member of the YPLA’ and insert ‘an

ordinary member’.

Member’s explanatory statement

Notices of Amendments: 10 March 2009
201

Apprenticeships, Skills, Children and Learning Bill, continued

See Member’s explanatory statement for amendment 323.

Jim Knight

Mr Siôn Simon

325

Schedule  3,  page  155,  line  27,  leave out ‘a member of the YPLA’ and insert ‘the

chair or another ordinary member’.

Member’s explanatory statement

See Member’s explanatory statement for amendment 323.

Jim Knight

Mr Siôn Simon

326

Schedule  3,  page  155,  line  28,  at end insert—

    ‘(5)
If the chair ceases to be an ordinary member, the person also ceases to be the

chair.’.

Member’s explanatory statement

This amendment provides for a member of the YPLA who is also its chair to cease to be the chair

on ceasing to be a member.

Jim Knight

Mr Siôn Simon

327

Schedule  3,  page  155,  line  31,  leave out ‘its’ and insert ‘the ordinary’.

Member’s explanatory statement

This amendment, with amendments 329 and 330, restricts the application of paragraph 4 of Sched

ule 3 to members of the YPLA other than the chief executive. The chief executive‘s pay and pension

will be determined in accordance with conditions of service set under paragraph 5(A1): see

amendment 330.

Jim Knight

Mr Siôn Simon

328

Schedule  3,  page  155,  line  34,  leave out ‘member of the YPLA’ and insert

‘ordinary member’.

Member’s explanatory statement

See Member’s explanatory statement for amendment 328.

Jim Knight

Mr Siôn Simon

329

Schedule  3,  page  155,  line  35,  leave out ‘a member of the YPLA’ and insert ‘an

ordinary member’.

Member’s explanatory statement

See Member’s explanatory statement for amendment 328.

Jim Knight

Mr Siôn Simon

330

Schedule  3,  page  155,  line  40,  at end insert—

  ‘(A1)
The chief executive is to be appointed by the Secretary of State, on conditions

of service determined by the Secretary of State.’.

Member’s explanatory statement

The effect of this amendment is that the chief executive of the YPLA will be a member of its staff