House of Commons Amendments

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

Public Bill Committee: 17 March 2009
319

Apprenticeships, Skills, Children and Learning Bill, continued

and other ordinary members’.

Member’s explanatory statement

This amendment, with amendments 323 to 325, 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

amendment 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 322.

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

See Member’s explanatory statement for amendment 322.

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 322.

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 328 and 329, restricts the application of paragraph 4 of

Schedule 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.

Public Bill Committee: 17 March 2009
320

Apprenticeships, Skills, Children and Learning Bill, continued

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 327.

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 327.

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

and will always be appointed by the Secretary of State, on conditions of service determined by the

Secretary of State.

Jim Knight

Mr Siôn Simon

331

Schedule  3,  page  155,  line  41,  after ‘appoint’ insert ‘other members of’.

Member’s explanatory statement

This amendment is consequent on amendment 330.

Jim Knight

Mr Siôn Simon

332

Schedule  3,  page  156,  line  1,  leave out sub-paragraph (2) and insert—

    ‘(2)
The conditions of service of the other members of the YPLA’s staff are to be

determined by the YPLA with the approval of the Secretary of State.’.

Member’s explanatory statement

This amendment provides for the YPLA to determine the conditions of service of members of staff

other than the chief executive, with the Secretary of State‘s approval.

Mr Nick Gibb

Mrs Maria Miller

Mr John Hayes

Bill Wiggin

126

Schedule  3,  page  157,  line  4,  at end insert—

‘(6)
The YPLA must have regard to regulations in relation to a committee, established

jointly with the Chief Executive of Skills Funding, with responsibility for capital

building projects for further education and sixth form colleges.’.

Public Bill Committee: 17 March 2009
321

Apprenticeships, Skills, Children and Learning Bill, continued

Jim Knight

Mr Siôn Simon

333

Schedule  3,  page  157,  line  37,  leave out ‘the chief executive or any of the ordinary

members’ and insert ‘any of the other ordinary members or the chief executive’.

Member’s explanatory statement

This amendment is consequent on amendment 319.

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.

Mr John Hayes

Mr Nick Gibb

Mrs Maria Miller

Bill Wiggin

240

Clause  58,  page  38,  line  5,  at beginning insert ‘Under guidance from the Chief

Executive of the Skills Funding Agency,’.

Mr David Laws

Stephen Williams

Annette Brooke

256

Clause  58,  page  38,  leave out lines 6 to 12 and insert—

‘(a)
local education authorities for the purposes of their functions in relation

to the education or training of persons—

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

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

difficulty assessment;

(b)
persons providing or proposing to provide education or training for such

persons in pursuance of arrangements made by local education

authorities in the discharge of those functions.’.

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 318.

Public Bill Committee: 17 March 2009
322

Apprenticeships, Skills, Children and Learning Bill, continued

Mr John Hayes

Mr Nick Gibb

Mrs Maria Miller

Bill Wiggin

241

Clause  58,  page  38,  line  11,  leave out subsection (b).

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.

Mr David Laws

Stephen Williams

Annette Brooke

122

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

‘subsection (a) (i)’.

Mr John Hayes

Mr Nick Gibb

Mrs Maria Miller

Bill Wiggin

242

Clause  58,  page  38,  line  15,  at beginning insert ‘Under guidance from the Chief

Executive of the Skills Funding Agency,’.

Mr John Hayes

Mr Nick Gibb

Mrs Maria Miller

Bill Wiggin

243

Clause  58,  page  38,  line  25,  at beginning insert ‘Under guidance from the Chief

Executive of the Skills Funding Agency,’.

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 308 and confers power on the YPLA to fund persons

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

detention.

Mr John Hayes

Mr Nick Gibb

Mrs Maria Miller

Bill Wiggin

244

Clause  58,  page  39,  line  1,  at beginning insert ‘Under guidance from the Chief

Executive of the Skills Funding Agency,’.

Public Bill Committee: 17 March 2009
323

Apprenticeships, Skills, Children and Learning Bill, continued

Mr John Hayes

Mr Nick Gibb

Mrs Maria Miller

Bill Wiggin

245

Clause  58,  page  39,  line  7,  at beginning insert ‘Under guidance from the Chief

Executive of the Skills Funding Agency,’.

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 308.

Jim Knight

Mr Siôn Simon

274

Clause  59,  page  40,  line  3,  leave out ‘a learning difficulty assessment’ and insert

‘an assessment under section 139A or 140 of the Learning and Skills Act 2000 (c. 21)

(assessments relating to learning difficulties)’.

Member’s explanatory statement

This amendment is consequent on amendment 276.

Mr Nick Gibb

Mrs Maria Miller

Mr John Hayes

Bill Wiggin

135

Clause  60,  page  40,  line  16,  at end add—

‘(3)
The YPLA must consult with the following when adopting or developing

schemes as set out in subsection (1)—

(a)
the Chief Executive of Skills Funding,

(b)
a local education authority in England, and

(c)
Ofsted.’.

Mr David Laws

Stephen Williams

Annette Brooke

142

Clause  61,  page  40,  line  22,  at end add ‘but it may not make bonus payments under

section 58(4)(a) which relate to attendance, academic performance or completion of

Public Bill Committee: 17 March 2009
324

Apprenticeships, Skills, Children and Learning Bill, continued

course work.’.

Mr John Hayes

Mr Nick Gibb

Mrs Maria Miller

Bill Wiggin

236

Clause  63,  page  41,  line  5,  leave out subsections (a) and (b) and insert ‘only where

no alternative provision is available from external providers.’.

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.

Jim Knight

Mr Siôn Simon

313

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

Member’s explanatory statement

This amendment, with amendment 314, amends clause 64 to confer power on the YPLA to

intervene 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 313.

Mr John Hayes

Mr Nick Gibb

Mrs Maria Miller

Bill Wiggin

237

Clause  64,  page  41,  line  16,  leave out subsections (2) to (5) and insert—

Public Bill Committee: 17 March 2009
325

Apprenticeships, Skills, Children and Learning Bill, continued

‘(2)
The YPLA may withdraw funding from the provider and secure the provision of

financial resources to other persons providing or proposing to provide suitable

education or training to persons in sections 58(a)(i) and 58(a)(ii).’.

Mr David Laws

Stephen Williams

Annette Brooke

393

Clause  64,  page  41,  line  16,  leave out ‘YPLA may’ and insert ‘Secretary of State,

upon receipt of a recommendation from the YPLA, may’.

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 314.

Mr David Laws

Stephen Williams

Annette Brooke

394

Clause  64,  page  41,  line  21,  leave out subsection (4).

Mr David Laws

Stephen Williams

Annette Brooke

395

Clause  64,  page  41,  line  24,  leave out ‘YPLA’ and insert Secretary of State’.

Mr David Laws

Stephen Williams

Annette Brooke

120

Clause  64,  page  41,  line  24,  at end add—

‘(6)
A further education college may inform YPLA if it is satisfied that a local

education authority is failing, or is likely to fail, to perform its duty under section

15ZA of the Education Act 1996.’.

Mr David Laws

Stephen Williams

Annette Brooke

396

Clause  69,  page  43,  line  27,  leave out subsection (1) and insert—

‘(1)
The Secretary of State must issue guidance to local education authorities about

the performance of YPLA of its duties under section 15ZA(1) of the Education

Act 1996 (c. 56).’.