House of Commons Amendments

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

Public Bill Committee: 17 March 2009
312

Apprenticeships, Skills, Children and Learning Bill, continued

Jim Knight

Mr Siôn Simon

342

Clause  47,  page  30,  line  6,  at end insert—

‘( )
Any arrangements made by a local education authority under subsection

(1) for the provision by another person (the “learning provider”) of

education or training must require the learning provider, in making any

determination as to the education or training to be provided for a

particular person, to have regard to any information provided under

section 562E by the person’s home authority (within the meaning of

Chapter 5A of Part 10) for the purpose of assisting any such

determination.’.

Member’s explanatory statement

This amendment requires authorities to ensure that any learning providers engaged by them to

deliver education to persons in relevant youth accommodation must take account of any

educational information provided to them by the person’s home local education authority when

determining the education and training provision for a particular person.

Mr Nick Gibb

Mrs Maria Miller

Mr John Hayes

Bill Wiggin

129

Clause  47,  page  30,  line  7,  leave out ‘a local education authority’ and insert ‘the

Young People’s Learning Agency’.

Mr Nick Gibb

Mrs Maria Miller

Mr John Hayes

Bill Wiggin

130

Clause  47,  page  30,  line  9,  leave out ‘a local education authority’ and insert ‘the

Young People’s Learning Agency’.

Mr Nick Gibb

Mrs Maria Miller

Mr John Hayes

Bill Wiggin

131

Clause  47,  page  30,  line  11,  leave out ‘a local education authority in’ and insert ‘the

Young People’s Learning Agency’.

Jim Knight

Mr Siôn Simon

270

Clause  47,  page  30,  leave out lines 18 to 21.

Member’s explanatory statement

This amendment is consequent on amendment 271.

Public Bill Committee: 17 March 2009
313

Apprenticeships, Skills, Children and Learning Bill, continued

Jim Knight

Mr Siôn Simon

271

Clause  48,  page  30,  line  33,  leave out ‘section’ and insert ‘Act’.

Member’s explanatory statement

This amendment makes the definitions set out in new subsection (1A) of section 562 of the

Education Act 1996 (inserted by clause 48) apply for the purposes of the whole Act rather than just

section 562.

Jim Knight

Mr Siôn Simon

343

Clause  48,  page  30,  line  45,  at end insert—

‘( )
After that subsection add—

“(3)
A child or young person who is being kept in accommodation provided

for the purpose of restricting liberty is not to be regarded for the purposes

of this section as detained in pursuance of an order made by a court by

reason of the fact that a court has authorised the person to be kept in such

accommodation under section 25(4) of the Children Act 1989 (use of

accommodation for restricting liberty).”’.

Member’s explanatory statement

This amendment clarifies that section 562 of the Education Act 1996 (which disapplies provisions

of education legislation in relation to certain detained persons) does not operate in relation to

children and young people who are kept in secure accommodation under section 25 of the Children

Act 1989.

Mr Nick Gibb

Mrs Maria Miller

Mr John Hayes

Bill Wiggin

132

Clause  49,  page  31,  line  11,  leave out ‘home authority’ and insert ‘Young People’s

Learning Agency’.

Mr Nick Gibb

Mr John Hayes

Mrs Maria Miller

Bill Wiggin

232

Clause  49,  page  31,  line  14,  at end insert—

‘(2A)
In carrying out the duty imposed by subsection (2) the home authority must have

regard to any special educational needs or learning difficulties (within the

meaning of section 15ZA(7) and (8)) the persons may have.’.

Mr Nick Gibb

Mrs Maria Miller

Mr John Hayes

Bill Wiggin

133

Clause  49,  page  31,  line  15,  leave out subsection (3).

Public Bill Committee: 17 March 2009
314

Apprenticeships, Skills, Children and Learning Bill, continued

Mr Nick Gibb

Mr John Hayes

Mrs Maria Miller

Bill Wiggin

379

Clause  49,  page  31,  line  16,  leave out ‘education’.

Mr Nick Gibb

Mrs Maria Miller

Mr John Hayes

Bill Wiggin

134

Clause  49,  page  31,  line  27,  leave out ‘a local authority’ and insert ‘the Young

People’s Learning Agency’.

Jim Knight

Mr Siôn Simon

344

Page  31,  line  2,  leave out Clause 49.

Member’s explanatory statement

This amendment is consequent on amendment NC17.

Jim Knight

Mr Siôn Simon

345

Page  32,  line  16,  leave out Clause 50.

Member’s explanatory statement

This amendment is consequent on amendment NC18.

Mr David Laws

Stephen Williams

Annette Brooke

125

Clause  51,  page  32,  line  43,  at end add—

‘( )
In section 509AB of the Education Act 1996 (c. 56) (further provision about

transport policy statement) after subsection (7) insert—

“(8)
In performing the duty to consult, an authority shall have regard to any

guidance issued by the Secretary of State concerning the timing and

manner of consultations under this section.

(9)
An authority shall make available to persons or bodies it proposes to

consult under this section such information as may be prescribed and is

in its possession or control; and it shall do so in such form and manner,

and at such time, as may be prescribed.”.’.

Public Bill Committee: 17 March 2009
315

Apprenticeships, Skills, Children and Learning Bill, continued

Jim Knight

Mr Siôn Simon

273

Clause  54,  page  35,  leave out lines 39 to 41.

Member’s explanatory statement

This amendment is consequent on amendment 282.

Jim Knight

Mr Siôn Simon

281

Schedule  2,  page  152,  line  30,  leave out from ‘(1)’ to end of line 31 and insert ‘after

“secondary education” insert “and, in the case of a local education authority in England,

further education,”’.

Member’s explanatory statement

This amendment is consequent on amendment 282.

Jim Knight

Mr Siôn Simon

282

Schedule  2,  page  152,  line  34,  leave out from ‘persons’ to end of line and insert ‘—

(a)
who are over compulsory school age but under 19, or

(b)
who are aged 19 or over but under 25 and are subject to

learning difficulty assessment.

(4)
For the purposes of this Act a person is subject to learning difficulty

assessment if—

(a)
a learning difficulty assessment has been conducted in respect

of the person, or

(b)
arrangements for a learning difficulty assessment to be

conducted in respect of the person have been made or are

required to be made.

(5)
In subsection (4), a “learning difficulty assessment” means an

assessment under section 139A or 140 of the Learning and Skills Act

2000 (assessments relating to learning difficulties).

(6)
For the purposes of subsection (1), persons who are subject to a

detention order are to be regarded as part of the population of the area

in which they are detained (and not any other area).”’.

Member’s explanatory statement

New section 13(4) and (5) of the Education Act 1996 defines when persons are subject to a learning

difficulty assessment for 1996 Act purposes. New section 13(6) identifies the area to whose

population persons subject to a detention order are treated as belonging for section 13(1)

purposes.

Jim Knight

Mr Siôn Simon

348

Schedule  2,  page  153,  line  13,  after ‘functions’ insert ‘and their relevant training

functions’.

Member’s explanatory statement

Public Bill Committee: 17 March 2009
316

Apprenticeships, Skills, Children and Learning Bill, continued

This amendment is consequential on clause 47 and ensures that section 13A of the Education Act

1996 applies to local education authorities in Wales when they exercise their new training

functions under new section 18A(1)(b) of that Act.

Jim Knight

Mr Siôn Simon

349

Schedule  2,  page  153,  line  16,  leave out ‘educational’ and insert ‘learning’.

Member’s explanatory statement

This amendment is consequent on amendment 348.

Jim Knight

Mr Siôn Simon

283

Schedule  2,  page  153,  leave out lines 19 to 21.

Member’s explanatory statement

This amendment is consequent on amendment 282.

Jim Knight

Mr Siôn Simon

350

Schedule  2,  page  154,  line  18,  leave out from ‘difficulty”)’ to end of line 19 and

insert ‘for “15A or 15B” substitute “15ZA, 15A, 15B or 18A”’.

Member’s explanatory statement

This amendment clarifies that the definition of “learning difficulty” which applies to section 18A

is that set out in new section 15ZA(7) and (8) of the Education Act 1996 (as inserted by clause 40).

Jim Knight

Mr Siôn Simon

351

Schedule  2,  page  154,  line  24,  at end insert—

‘
After section 569 insert—

“569A
Regulations made by Welsh Ministers under Chapter 5A

(1)
Any power of the Welsh Ministers to make regulations under Chapter

5A shall be exercised by statutory instrument.

(2)
A statutory instrument containing any such regulations made by the

Welsh Ministers shall be subject to annulment in pursuance of a

resolution of the National Assembly for Wales.

(3)
Any such regulations may make different provision for different cases,

circumstances or areas and may contain such incidental, supplemental,

saving or transitional provisions as the Welsh Ministers think fit.”


In section 579(1) (general interpretation)—

(a)
in the definition of “prescribed”, after ““prescribed”” insert “(except

in Chapter 5A)”;

(b)
in the definition of “regulations”, after ““regulations”” insert “(except

in Chapter 5A)”.’.

Member’s explanatory statement

This amendment is consequent on amendment 344 and reinserts new section 569A of the Education

Act 1996.

Public Bill Committee: 17 March 2009
317

Apprenticeships, Skills, Children and Learning Bill, continued

Jim Knight

Mr Siôn Simon

284

Schedule  2,  page  154,  leave out lines 25 to 27 and insert—


‘In section 580 (index) insert the following entries at the appropriate places—

“relevant young adult (in sections
section 508F(8)”;

508F and 508G)

“relevant youth accommodation
section 562(1A)”;

“subject to a detention order
section 562(1A)”;

“subject to learning difficulty
section 13(4)”.’.

assessment

Member’s explanatory statement

This amendment is consequent on amendments 271and 282.

Jim Knight

Mr Siôn Simon

352

Schedule  2,  page  154,  line  27,  at end insert—

Education Act 2002 (c. 32)

‘
In section 207(2) of the Education Act 2002 (c. 32) (recoupment: adjustment

between local education authorities), for “primary education and secondary

education)” substitute “—

(a)
primary education;

(b)
secondary education;

(c)
education provided under section 562C of the Education Act

1996 (detention of persons with special educational needs:

appropriate special educational provision).”’.

Member’s explanatory statement

This amendment amends section 207 of the Education Act 2002 to enable regulations to make

provision for a local education authority to recoup the cost of making the special educational

provision required under new section 562C of the Education Act 1996 (inserted by NC17) from

another authority.

Mr John Hayes

Mr Nick Gibb

Mrs Maria Miller

Bill Wiggin

239

Clause  57,  page  37,  line  26,  leave out subsection (1) and insert—

‘(1)
There is to be a body which is part of the Skills Funding Agency known as the

Young Person Learning Agency for England.’.

Public Bill Committee: 17 March 2009
318

Apprenticeships, Skills, Children and Learning Bill, continued

Mr Nick Gibb

Mr John Hayes

Mrs Maria Miller

Bill Wiggin

105

Clause  57,  page  37,  line  28,  at end insert—

‘(2A)
The YPLA is not permitted to employ more than 500 people in total.’.

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.

Mr David Laws

Stephen Williams

Annette Brooke

121

Schedule  3,  page  155,  line  5,  at end insert—

‘(d)
at least one principal or governor of a futher education college, and

(e)
at least one principal or governor of a sixth form college.’.

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 319.

Jim Knight

Mr Siôn Simon

322

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