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Public Bill Committee: 10 March 2009                  

181

 

Apprenticeships, Skills, Children and Learning Bill, continued

 
 

of that section if, as a result of a certain young adult transport complaint,

 

the Secretary of State has directed them to do so.

 

(3)    

An authority that revises a statement under subsections (1) or (2) must

 

publish the revised statement and a description of the revision as soon as

 

practicable.

 

(4)    

The Secretary of State need not consider whether to exercise any power

 

under sections 496 to 497A (powers to prevent unreasonable exercise of

 

functions, etc) or subsection (2) of this section in response to a matter that

 

is, or could have been, the subject of a certain young adult transport

 

complaint made to him or her unless satisfied that—

 

(a)    

the matter has been brought to the notice of the local education

 

authority concerned, and

 

(b)    

the authority has had a resonable opportunity to investigate the

 

matter and respond.

 

(5)    

In this section “certain young adult transport complaint” means a

 

complaint that is—

 

(a)    

about a local education authority’s exercise of, or failure to

 

exercise, a function under sections 508F to 509AD in relation to

 

certain young adults,

 

(b)    

made by a person who is, or will be, a relevant young adult when

 

the matter complained of has effect, or by a parent of such a

 

person, and

 

(c)    

made by a “certain young adult” as defined by section 508F (8).

 

(6)    

For the purposes of sections 508G(8), 509AB(1) to (5), and 509AD, the

 

revision of a statement under this section is to be treated as the

 

preparation of a statement under section 508F.

 

(7)    

Where a local authority has published in a single document a statement

 

prepared under section 508G and a statement prepared under 509AA, the

 

requirement to publish a revised statement under subsection (3) is to be

 

treated as a requirement to publish a version of the document that

 

includes the revised statement.”.

 

(2)    

In section 496 of the Education Act 1996 (power of Secretary of State to prevent

 

unreasonable exercise of functions), after subsection (4) (as inserted by section

 

206(1) of this Act) insert—

 

“(6)    

This section is subject to section 509AF (complaints about transport

 

arrangements etc for certain young adults in England).”.

 

(3)    

In section 497 of the Education Act 1996 (general default powers of Secretary of

 

State), after subsection (6) insert—

 

“(7)    

This section is subject to section 509AF (complaints about transport

 

arragements etc for certain young adults in England).”.

 

(4)    

In section 497A of the Education Act 1996 (power of Secretary of State to secure

 

proper performance of LEA’s functions), at end insert—

 

“(9)    

This section is subject to section 509AF (complaints about transport

 

arrangements etc for certain young adults in England).”.’.

 



 
 

Public Bill Committee: 10 March 2009                  

182

 

Apprenticeships, Skills, Children and Learning Bill, continued

 
 

Power of the Secretary of State to direct a review of arrangements

 

Mr David Laws

 

Stephen Williams

 

Annette Brooke

 

NC4

 

To move the following Clause:—

 

‘(1)    

The Secretary of State may direct one or more local authorities to undertake a

 

review of their transport policy statement.

 

(2)    

The provision which may be made by a direction includes provision for—

 

(a)    

the timetable for the review and for the preparation and publication of a

 

scheme,

 

(b)    

the procedures to be followed in carrying out the review,

 

(c)    

particular issues which the review and any scheme must address, and

 

(d)    

the implementation of any policy.’.

 


 

Communication with further education colleges

 

Mr Nick Gibb

 

Mrs Maria Miller

 

Mr John Hayes

 

Bill Wiggin

 

NC5

 

To move the following Clause:—

 

‘(1)    

In considering whether to issue any guidance or other circular to the governing

 

bodies or principals of further education colleges in the exercise of functions

 

relating to education, the Secretary of State and the Chief Executive shall have

 

regard to—

 

(a)    

the desirability of providing information about good educational

 

practice, while recognising the professional expertise of college staff;

 

(b)    

the benefits that are expected to result from the issue of the guidance or

 

other circular; and

 

(c)    

the desirability of avoiding—

 

(i)    

the sending of excessive material to governing bodies or

 

principals, and

 

(ii)    

the imposition of excessive administrative burdens on governing

 

bodies or principals.

 

(2)    

In pursuance of the duty in subsection (1) the Secretary of State shall in respect

 

of each academic year—

 

(a)    

prepare a report listing—

 

(i)    

documents sent by him or the Chief Executive during the year to

 

all governing bodies of further education colleges in England or

 

to all principals of such colleges, and

 

(ii)    

documents (not falling with sub-paragraph (i)) sent by him

 

during the year to all governing bodies of further education

 

colleges in England of a particular kind or to all principals of

 

such colleges of a particular kind, and


 
 

Public Bill Committee: 10 March 2009                  

183

 

Apprenticeships, Skills, Children and Learning Bill, continued

 
 

(b)    

lay a copy of the report before each House of Parliament, and include

 

within it comparative statistics in respect of each of the two preceding

 

academic years on documents falling within this subsection sent out by

 

him.

 

(3)    

In pursuance of the duty in subsection (1) the National Assembly for Wales shall

 

in respect of each academic year prepare and publish a report listing—

 

(a)    

documents sent by the Assembly during the year to all governing bodies

 

of further education colleges in Wales or to all principals of such

 

colleges, and

 

(b)    

documents (not falling within paragraph (a)) sent by the Assembly during

 

the year to all governing bodies of further education colleges in Wales of

 

a particular kind or to all principals of such colleges of a particular kind.

 

(4)    

The documents referred to in subsections (2) and (3) do not include any document

 

sent by the Secretary of State or the National Assembly for Wales—

 

(a)    

otherwise than in the exercise of functions relating to education, or

 

(b)    

at the request of the person to whom it is sent.

 

(5)    

Each document issued by the Secretary of State or the National Assembly for

 

Wales and falling within subsections (2)(a)(i) or (ii) or (3)(a) or (b) shall list

 

within it previous relevant documents issued by the Secretary of State or the

 

National Assembly for Wales and shall state clearly those documents which are

 

superseded by the current document.

 

(6)    

Each document issued by the Secretary of State or the National Assembly for

 

Wales and falling within subsections (2)(a)(i) or (ii) or (3)(a) or (b) shall state

 

clearly the persons for whom any advice and guidance is intended.

 

(7)    

In this section “academic year” means a period beginning with 1 August and

 

ending with the next 31 July.’.

 


 

Communication with sixth form colleges

 

Mr Nick Gibb

 

Mrs Maria Miller

 

Mr John Hayes

 

Bill Wiggin

 

NC6

 

To move the following Clause:—

 

‘(1)    

In considering whether to issue any guidance or other circular to the governing

 

bodies or principals of sixth form colleges in the exercise of functions relating to

 

education, the Secretary of State and the relevant local education authority shall

 

have regard to—

 

(a)    

the desirability of providing information about good educational

 

practice, while recognising the professional expertise of college staff,

 

(b)    

the benefits that are expected to result from the issue of the guidance or

 

other circular, and

 

(c)    

the desirability of avoiding—

 

(i)    

the sending of excessive material to governing bodies or

 

principals, and

 

(ii)    

the imposition of excessive administrative burdens on governing

 

bodies or principals.


 
 

Public Bill Committee: 10 March 2009                  

184

 

Apprenticeships, Skills, Children and Learning Bill, continued

 
 

(2)    

In pursuance of the duty in subsection (1), the Secretary of State shall in respect

 

of each academic year—

 

(a)    

prepare a report listing—

 

(i)    

documents sent by him or a local education authority during the

 

year to all governing bodies of sixth form colleges in England or

 

to all principals of such colleges, and

 

(ii)    

documents (not falling within sub-paragraph (i)) sent by him

 

during the year to all governing bodies of sixth form colleges in

 

England of a particular kind or to all principals of such colleges

 

of a particular kind, and

 

(b)    

lay a copy of the report before each House of Parliament, and include

 

within it comparative statistics in respect of each of the two preceding

 

academic years on documents falling within this subsection sent out by

 

him.

 

(3)    

Each document issued by the Secretary of State or a local education authority and

 

falling within subsection (2)(a)(i) shall list within it previous relevant documents

 

issued by the Secretary of State or a local education authority and shall state

 

clearly those documents which are superseded by the current document.

 

(4)    

Each document issued by the Secretary of State or local education authority and

 

falling within subsection (2)(a)(i) or (ii) shall state clearly the persons for whom

 

any advice and guidance is intended.

 

(5)    

In this section “academic year” means a period beginning with 1 August and

 

ending with the next 31 July.’.

 


 

Prescribed courses

 

Mr Nick Gibb

 

Mrs Maria Miller

 

Mr John Hayes

 

Bill Wiggin

 

NC7

 

To move the following Clause:—

 

‘In section 65(c) of the Further and Higher Education Act 1992 “Prescribed

 

courses” includes units or modules comprising parts of directly funded

 

qualifications.’.

 



 
 

Public Bill Committee: 10 March 2009                  

185

 

Apprenticeships, Skills, Children and Learning Bill, continued

 
 

Payments to employers

 

Mr Nick Gibb

 

Mr John Hayes

 

Mrs Maria Miller

 

Bill Wiggin

 

NC8

 

To move the following Clause:—

 

‘(1)    

The Chief Executive of Skills Funding shall ensure that—

 

(a)    

all employers who take on an apprentice within a recognised

 

apprenticeships framework are paid directly by the Chief Executive of

 

Skills Funding;

 

(b)    

funding for apprentices is paid out in one sum at the beginning of the

 

apprenticeship framework; and

 

(c)    

another sum is paid out upon completion.

 

(2)    

The Chief Executive of Skills Funding shall ensure that—

 

(a)    

any company with between 1 and 250 employees that subsequently takes

 

on a full-time apprentice within a recognised apprenticeship framework

 

should be paid a direct bonus on the learner’s completion of the full

 

apprenticeship framework;

 

(b)    

the bonus stipulated is paid in one sum upon completion of the full

 

apprenticeship framework; and

 

(c)    

a consultation process with small to medium companies engaged in fields

 

related to science, engineering, technology and mathematics is

 

undertaken with reference to the size of the financial incentive for these

 

sectors.

 

(3)    

The Chief Executive of Skills Funding shall—

 

(a)    

ensure that funds shall be provided for group training associations to

 

provide apprenticeship training;

 

(b)    

ensure that funding is paid to employers involved in the establishment of

 

group training associations;

 

(c)    

encourage employers who already operate successful apprenticeship

 

schemes to support group training associations.’.

 


 

Skills Funding Agency

 

Mr David Laws

 

Stephen Williams

 

Annette Brooke

 

NC9

 

To move the following Clause:—

 

‘(1)    

There is to be a body corporate called the Skills Funding Agency.

 

(2)    

The discharge of the powers and duties of the Skills Funding Agency shall be the

 

responsibility of the Chief Executive of Skills Funding.

 

(3)    

The Secretary of State must make regulations to amend Section 49(a) of the

 

Disability Discrimination Act 1995 to impose a specific duty on the Skills


 
 

Public Bill Committee: 10 March 2009                  

186

 

Apprenticeships, Skills, Children and Learning Bill, continued

 
 

Funding Agency with a requirement to publish a disability equality scheme by 1st

 

December 2009.’.

 


 

Persons aged 16 to 18 with a learning difficulty

 

Mr David Laws

 

Stephen Williams

 

Annette Brooke

 

NC10

 

To move the following Clause:—

 

‘(1)    

The Chief Executive must, in performing the functions of the office, have regard

 

to the needs of persons with learning difficulties to whom this section applies.

 

(2)    

This section applies to persons who are aged 16 to 18, other than persons who are

 

aged under 25 and are subject to learning difficulty assessment.

 

(3)    

For the purposes of this section, a person has a learning difficulty if—

 

(a)    

the person has a significantly greater difficulty in learning than the

 

majority of persons the same age, or

 

(b)    

the person has a disability which prevents or hinders the person from

 

making use of facilities of a kind generally provided by institutions

 

providing education falling within section 92(1)(a) or (b).’.

 


 

Provision of support in the apprenticeship workplace

 

Mr David Laws

 

Stephen Williams

 

Annette Brooke

 

NC11

 

To move the following Clause:—

 

‘(1)    

The Chief Executive of Skills Funding has a duty to ensure that apprentices with

 

learning difficulties receive appropriate support in the workplace through—

 

(a)    

special educational needs provision for apprentices in the workplace over

 

the age of 16; and

 

(b)    

The Access to Work Scheme.

 

(2)    

The Chief Executive of Skills Funding has a duty to ensure that employers and

 

apprentices are informed of their entitlement to support in the apprenticeship

 

workplace.

 

(3)    

In this section “support in the apprenticeship workplace” includes special

 

educational needs provision (regardless of whether the apprentice is subject to

 

learning difficulty assessment) and the Access to Work Scheme.’.

 



 
 

Public Bill Committee: 10 March 2009                  

187

 

Apprenticeships, Skills, Children and Learning Bill, continued

 
 

Council for Adult Skills and Higher Education

 

Stephen Williams

 

Mr David Laws

 

Annette Brooke

 

NC12

 

To move the following Clause:—

 

‘A new Council for Adult Skills and Higher Education shall be established to

 

distribute funding for all adult education, taking over the current functions of the

 

Learning and Skills Council and the Higher Education and Funding Council for

 

England and with the National Apprenticeships Service as a subordinate body.’.

 


 

Group training associations

 

Stephen Williams

 

Mr David Laws

 

Annette Brooke

 

NC13

 

To move the following Clause:—

 

‘The National Apprenticeships Service shall establish Group Training

 

Associations to assist small employers in the provision of apprentice places.’.

 


 

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.’.

 



 
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