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| Clause 49, page 31, line 14, at end insert— |
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| | ‘(2A) | In carrying out the duty imposed by subsection (2) the home authority must have |
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| | regard to any special educational needs or learning difficulties (within the |
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| | meaning of section 15ZA(7) and (8)) the persons may have.’. |
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| Clause 49, page 31, line 15, leave out subsection (3). |
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| Clause 49, page 31, line 27, leave out ‘a local authority’ and insert ‘the Young |
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| People’s Learning Agency’. |
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| Clause 49, page 31, leave out lines 32 to 34. |
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| Member’s explanatory statement
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| This amendment is consequent on amendment 271. |
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| Clause 51, page 32, line 43, at end add— |
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| | ‘( ) | In section 509AB of the Education Act 1996 (c. 56) (further provision about |
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| | transport policy statement) after subsection (7) insert— |
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| | “(8) | In performing the duty to consult, an authority shall have regard to any |
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| | guidance issued by the Secretary of State concerning the timing and |
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| | manner of consultations under this section. |
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| | (9) | An authority shall make available to persons or bodies it proposes to |
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| | consult under this section such information as may be prescribed and is |
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| | in its possession or control; and it shall do so in such form and manner, |
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| | and at such time, as may be prescribed.”.’. |
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| Clause 54, page 35, leave out lines 39 to 41. |
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| Member’s explanatory statement
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| This amendment is consequent on amendment 282. |
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| Schedule 2, page 152, line 30, leave out from ‘(1)’ to end of line 31 and insert ‘after |
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| “secondary education” insert “and, in the case of a local education authority in England, |
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| Member’s explanatory statement
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| This amendment is consequent on amendment 282. |
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| Schedule 2, page 152, line 34, leave out from ‘persons’ to end of line and insert ‘— |
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| | (a) | who are over compulsory school age but under 19, or |
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| | (b) | who are aged 19 or over but under 25 and are subject to |
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| | learning difficulty assessment. |
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| | (4) | For the purposes of this Act a person is subject to learning difficulty |
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| | (a) | a learning difficulty assessment has been conducted in respect |
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| | (b) | arrangements for a learning difficulty assessment to be |
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| | conducted in respect of the person have been made or are |
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| | (5) | In subsection (4), a “learning difficulty assessment” means an |
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| | assessment under section 139A or 140 of the Learning and Skills Act |
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| | 2000 (assessments relating to learning difficulties). |
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| | (6) | For the purposes of subsection (1), persons who are subject to a |
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| | detention order are to be regarded as part of the population of the area |
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| | in which they are detained (and not any other area).”’. |
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| | Member’s explanatory statement
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| | New section 13(4) and (5) of the Education Act 1996 defines when persons are subject to a learning |
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| | difficulty assessment for 1996 Act purposes. New section 13(6) identifies the area to whose |
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| | population persons subject to a detention order are treated as belonging for section 13(1) |
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| Schedule 2, page 153, leave out lines 19 to 21. |
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| Member’s explanatory statement
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| This amendment is consequent on amendment 282. |
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| Schedule 2, page 154, leave out lines 25 to 27 and insert— |
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| | | ‘In section 580 (index) insert the following entries at the appropriate places— |
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| “relevant young adult (in sections |
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| “relevant youth accommodation |
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| “subject to a detention order |
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| “subject to learning difficulty |
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| | Member’s explanatory statement
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| | This amendment is consequent on amendments 271and 282. |
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| Clause 57, page 37, line 26, leave out subsection (1) and insert— |
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| | ‘(1) | There is to be a body which is part of the Skills Funding Agency known as the |
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| | Young Person Learning Agency for England.’. |
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| Clause 57, page 37, line 28, at end insert— |
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| | ‘(2A) | The YPLA is not permitted to employ more than 500 people in total.’. |
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| Schedule 3, page 155, line 5, at end insert— |
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| | ‘(d) | at least one principal or governor of a futher education college, and |
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| | (e) | at least one principal or governor of a sixth form college.’. |
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| Schedule 3, page 157, line 4, at end insert— |
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| | ‘(6) | The YPLA must have regard to regulations in relation to a committee, established |
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| | jointly with the Chief Executive of Skills Funding, with responsibility for capital |
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| | building projects for further education and sixth form colleges.’. |
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| Clause 58, page 38, line 5, at beginning insert ‘Under guidance from the Chief |
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| Executive of the Skills Funding Agency,’. |
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| Clause 58, page 38, leave out lines 6 to 12 and insert— |
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| | ‘(a) | local education authorities for the purposes of their functions in relation |
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| | to the education or training of persons— |
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| | (i) | who are compulsory school age but under 19, or |
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| | (ii) | who are aged 19 or over but under 25 and are subject to learning |
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| | (b) | persons providing or proposing to provide education or training for such |
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| | persons in pursuance of arrangements made by local education |
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| | authorities in the discharge of those functions.’. |
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| Clause 58, page 38, line 11, leave out subsection (b). |
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| Clause 58, page 38, line 12, leave out ‘such education and training’ and insert |
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| Clause 58, page 38, line 15, at beginning insert ‘Under guidance from the Chief |
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| Executive of the Skills Funding Agency,’. |
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| Clause 58, page 38, line 25, at beginning insert ‘Under guidance from the Chief |
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| Executive of the Skills Funding Agency,’. |
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| Clause 58, page 39, line 1, at beginning insert ‘Under guidance from the Chief |
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| Executive of the Skills Funding Agency,’. |
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| Clause 58, page 39, line 7, at beginning insert ‘Under guidance from the Chief |
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| Executive of the Skills Funding Agency,’. |
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| Clause 59, page 40, line 3, leave out ‘a learning difficulty assessment’ and insert |
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| ‘an assessment under section 139A or 140 of the Learning and Skills Act 2000 (c. 21) |
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| (assessments relating to learning difficulties)’. |
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| Member’s explanatory statement
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| This amendment is consequent on amendment 276. |
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| Clause 60, page 40, line 16, at end add— |
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| | ‘(3) | The YPLA must consult with the following when adopting or developing |
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| | schemes as set out in subsection (1)— |
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| | (a) | the Chief Executive of Skills Funding, |
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| | (b) | a local education authority in England, and |
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| Clause 61, page 40, line 22, at end add ‘but it may not make bonus payments under |
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| section 58(4)(a) which relate to attendance, academic performance or completion of |
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| Clause 63, page 41, line 5, leave out subsections (a) and (b) and insert ‘only where |
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| no alternative provision is available from external providers.’. |
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| Clause 64, page 41, line 16, leave out subsections (2) to (5) and insert— |
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| | ‘(2) | The YPLA may withdraw funding from the provider and secure the provision of |
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| | financial resources to other persons providing or proposing to provide suitable |
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| | education or training to persons in sections 58(a)(i) and 58(a)(ii).’. |
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| Clause 64, page 41, line 24, at end add— |
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| | ‘(6) | A further education college may inform YPLA if it is satisfied that a local |
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| | education authority is failing, or is likely to fail, to perform its duty under section |
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| | 15ZA of the Education Act 1996.’. |
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| Clause 69, page 43, line 27, leave out from ‘YPLA’ to end of line 33 and insert |
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| ‘must issue guidance to persons providing education or training about the performance of |
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| their duties under section 15ZA of the Education Act 1996,’. |
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| Clause 74, page 45, line 25, after ‘State’, insert ‘, subject to the agreement of the |
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| Clause 74, page 45, line 29, at end insert— |
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| | ‘(2A) | For the purposes of subsection (2) “Academy arrangements” require the YPLA to |
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| | support the objective of the autonomy of Academies wherever it is reasonable to |
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| Clause 74, page 45, line 39, after ‘section’, insert ‘, except any functions related to |
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| the monitoring and assessment of school performance’. |
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