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| | Clause 20, page 9, line 30, leave out ‘, for the purposes of this Chapter,’. |
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| | This amendment is consequent on amendment 167. |
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| | Clause 20, page 9, line 32, leave out ‘, for the purposes of this Chapter,’. |
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| | Member’s explanatory statement
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| | This amendment is consequent on amendment 167. |
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| | Clause 20, page 9, line 35, leave out ‘, for the purposes of this Chapter,’. |
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| | This amendment is consequent on amendment 167. |
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| | Clause 20, page 9, line 38, after ‘and’ insert ‘apprenticeship’. |
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| | This technical drafting amendment makes equivalent provision for Wales to that made by |
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| | Clause 20, page 9, line 38, leave out ‘, for the purposes of this Chapter,’. |
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| | Member’s explanatory statement
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| | This amendment is consequent on amendment 167. |
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| | Clause 21, page 10, line 16, leave out ‘such persons as the Chief Executive thinks |
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| | appropriate’ and insert ‘representatives of industry, employers, sectoral bodies, the further |
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| | education sector and other persons the Chief Executive thinks appropriate.’. |
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| | Clause 21, page 10, line 17, at end insert— |
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| | | ‘(2A) | In preparing the draft, the Chief Executive must consult employers regarding the |
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| | | self-specification and self-assessment of apprenticeship standards for any |
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| | Clause 23, page 10, line 40, at end insert— |
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| | | ‘(aa) | consult representatives of industry, employers and the further education |
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| | | sector on the proposed new draft modifications.’. |
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| | Clause 23, page 11, line 9, leave out ‘meets the requirements of’ and insert |
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| | Member’s explanatory statement
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| | The amendment amends the drafting of clause 23 to achieve consistency with clause 22(2). |
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| | Clause 25, page 11, line 33, at end insert— |
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| | | ‘(d) | must specify that these requirements include some element of supervised |
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| | | training in the workplace.’. |
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| | Clause 27, page 12, line 30, leave out ‘meets the requirements of’ and insert |
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| | Member’s explanatory statement
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| | This amendment amends the drafting of clause 27 to achieve consistency with clause 26(5). |
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| | Clause 30, page 13, line 35, at end insert— |
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| | | ‘(e) | that the employer agrees to provide supervised workplace training.’. |
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| | Clause 30, page 14, line 1, leave out ‘apprenticeship’. |
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| | Member’s explanatory statement
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| | This technical drafting amendment reflects the fact that clause 30(4) is making provision about |
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| | circumstances in which an agreement will be treated as meeting one of the criteria for being an |
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| | ‘apprenticeship agreement’. |
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| | Clause 30, page 14, line 5, leave out ‘relevant period preceding’ and insert ‘period |
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| | of three years ending with’. |
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| | Member’s explanatory statement
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| | This is a technical drafting amendment, and results in the length of the relevant period being |
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| | specified within the relevant subsection, rather than in a separate subsection. |
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| | Clause 30, page 14, line 11, leave out ‘another’ and insert ‘an’. |
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| | This amendment is consequent on amendment 175. |
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| | Clause 30, page 14, line 16, leave out subsection (5). |
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| | This amendment is consequent on amendment 176. |
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| | Clause 34, page 15, line 28, leave out subsection (5). |
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| | Clause 34, page 15, line 28, leave out from ‘or’ to ‘to’ in line 29 and insert ‘any of |
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| | The amendment enables regulations under clause 34(5) to provide for any of clauses 83 to 91 to |
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| | apply with modifications to Crown servants and Parliamentary staff. |
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| | Clause 35, page 16, line 5, leave out subsections (2) and (3) and insert— |
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| | | ‘(2) | In subsection (2A) after “in respect of 16 to 18 education or training” insert |
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| | | “including apprenticeships”. |
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| | | (3) | In subsection (2B) omit “the person giving it considers”.’. |
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| | Clause 35, page 16, line 7, leave out from ‘concerned’ to ‘receive’ in line 9 and |
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| | insert ‘must include a presumption that all pupils aged 14-16 should’. |
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| | Clause 35, page 16, line 10, leave out ‘apprenticeships’ and insert ‘an |
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| | apprenticeship as a programme of training which leads to competence in a chosen trade, |
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| | profession or occupation.’. |
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| | Clause 35, page 16, line 13, at end add— |
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| | | ‘(3A) | In subsection (4) after “the Secretary of State” insert “and is subject to monitoring |
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| | | by the Office for Standards in Education, Children’s Services and Skills”.’. |
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| | Clause 35, page 16, line 16, after ‘under’ insert ‘Chapter 1 of Part 1 of’. |
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| | Member’s explanatory statement
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| | This is a technical drafting amendment to clarify the reference to the provisions of the Bill under |
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| | which apprenticeship certificates will be issued. |
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| | Clause 35, page 16, line 18, leave out from beginning to end of line 19 and insert |
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| | ‘English certifying authority (within the meaning of that Chapter);”.’. |
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| | Member’s explanatory statement
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| | This amendment is consequent on amendment 152. |
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| | Clause 38, page 17, line 8, leave out from ‘authority”’ to end of line 9 and insert |
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| | ‘has the meaning given by section 4;’. |
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| | Member’s explanatory statement
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| | This amendment is consequent on amendment 152. |
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| | Clause 39, page 18, line 5, leave out ‘A’ and insert ‘Where an employer does not |
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| | have acceptable annual arrangements for discussing employees’ training needs in place |
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| | through annual performance reviews or other arrangements, a’. |
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| | Clause 39, page 18, line 23, at end insert— |
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| | | ‘(6A) | An employee is also a qualifying employee for the purposes of this section if the |
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| | | employee is a qualified school teacher with responsibility for educating children |
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| | | with special educational needs and who requests training to ensure the needs of |
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| | | these children will be met.’. |
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| | Clause 39, page 19, line 28, at end insert— |
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| | | ‘(v) | the date of the applicant’s last request for training.’. |
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| | Clause 39, page 19, line 35, at end insert— |
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| | | ‘(d) | provide the date of the applicant’s last request for training.’. |
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| Clause 39, page 20, line 9, after ‘employer’ insert ‘has reasonable grounds to |
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| | | Clause 39, page 20, line 12, leave out ‘thinks’ and insert ‘has reasonable grounds to |
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| | | Clause 39, page 20, line 20, leave out paragraph (b) and insert ‘the burden of |
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| | additional costs is unreasonable in proportion to the value to be derived from the proposed |
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| | | Clause 39, page 20, line 26, leave out ‘insufficiency of work’ and insert ‘inability |
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| | to provide sufficient work’. |
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| Clause 39, page 20, line 27, at end insert ‘except where that employee is employed |
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| | by an employer who employs less than 20 employees;’. |
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| | Clause 39, page 20, line 30, at end insert— |
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| | | ‘(k) | a documented discussion of training needs resulting in a decision on |
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| | | whether to extend such provision to the applicant took place within the |
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| | Clause 39, page 20, line 43, leave out ‘and (b)’ and insert ‘to (c)’. |
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| | Member’s explanatory statement
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| | This amendment is about those who accompany, or seek to accompany, employees to meetings |
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| | about section 63D applications. It ensures the regulation-making power at new section 63F(4) |
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| | (inserted into the Employment Rights Act 1996) includes power to make provision about |
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| | companions’ right not to suffer detriment and about unfair dismissal. |
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| | Clause 39, page 21, line 12, at end insert— |
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| | | ‘(d) | fails to attend more than two consecutive periods of study or training.’. |
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| | Clause 39, page 21, line 14, at end insert— |
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| | | ‘(4) | Failure to start, attend or complete the agreed study or training shall constitute |
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| | | permissible grounds for an employer to remove the awarded time off.’. |
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| | Clause 39, page 23, line 6, leave out ‘learning support’ and insert ‘section 63D’. |
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| | Member’s explanatory statement
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| | This amendment makes new section 104E (which is inserted into the Employment Rights Act 1996) |
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| | consistent with other provisions inserted by clause 39, which refer to a ‘section 63D application’. |
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