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| and other ordinary members’. |
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| Member’s explanatory statement
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| This amendment, with amendments 323 to 325, restricts the application of paragraph 3 of Schedule |
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| 3 to members of the YPLA other than the chief executive. The chief executive‘s term of office will |
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| be determined in accordance with conditions of service set under paragraph 5(A1): see |
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| Schedule 3, page 155, line 20, leave out ‘A member of the YPLA’ and insert ‘The |
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| chair and other ordinary members’. |
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| Member’s explanatory statement
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| See Member’s explanatory statement for amendment 322. |
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| Schedule 3, page 155, line 22, leave out ‘a member of the YPLA’ and insert ‘an |
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| Member’s explanatory statement
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| See Member’s explanatory statement for amendment 322. |
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| Schedule 3, page 155, line 27, leave out ‘a member of the YPLA’ and insert ‘the |
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| chair or another ordinary member’. |
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| Member’s explanatory statement
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| See Member’s explanatory statement for amendment 322. |
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| Schedule 3, page 155, line 28, at end insert— |
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| | ‘(5) | If the chair ceases to be an ordinary member, the person also ceases to be the |
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| | Member’s explanatory statement
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| | This amendment provides for a member of the YPLA who is also its chair to cease to be the chair |
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| | on ceasing to be a member. |
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| Schedule 3, page 155, line 31, leave out ‘its’ and insert ‘the ordinary’. |
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| Member’s explanatory statement
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| This amendment, with amendments 328 and 329, restricts the application of paragraph 4 of |
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| Schedule 3 to members of the YPLA other than the chief executive. The chief executive‘s pay and |
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| pension will be determined in accordance with conditions of service set under paragraph 5(A1): |
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| Schedule 3, page 155, line 34, leave out ‘member of the YPLA’ and insert |
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| Member’s explanatory statement
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| See Member’s explanatory statement for amendment 327. |
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| Schedule 3, page 155, line 35, leave out ‘a member of the YPLA’ and insert ‘an |
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| Member’s explanatory statement
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| See Member’s explanatory statement for amendment 327. |
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| Schedule 3, page 155, line 40, at end insert— |
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| | ‘(A1) | The chief executive is to be appointed by the Secretary of State, on conditions |
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| | of service determined by the Secretary of State.’. |
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| | Member’s explanatory statement
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| | The effect of this amendment is that the chief executive of the YPLA will be a member of its staff |
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| | and will always be appointed by the Secretary of State, on conditions of service determined by the |
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| Schedule 3, page 155, line 41, after ‘appoint’ insert ‘other members of’. |
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| Member’s explanatory statement
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| This amendment is consequent on amendment 330. |
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| Schedule 3, page 156, line 1, leave out sub-paragraph (2) and insert— |
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| | ‘(2) | The conditions of service of the other members of the YPLA’s staff are to be |
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| | determined by the YPLA with the approval of the Secretary of State.’. |
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| | Member’s explanatory statement
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| | This amendment provides for the YPLA to determine the conditions of service of members of staff |
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| | other than the chief executive, with the Secretary of State‘s approval. |
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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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| Schedule 3, page 157, line 37, leave out ‘the chief executive or any of the ordinary |
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| members’ and insert ‘any of the other ordinary members or the chief executive’. |
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| Member’s explanatory statement
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| This amendment is consequent on amendment 319. |
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| Schedule 3, page 160, line 23, leave out ‘this or any other’ and insert ‘any’. |
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| Member’s explanatory statement
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| See Member’s explanatory statement for amendment 291. |
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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 10, at end insert— |
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| | ‘(aa) | persons providing or proposing to provide suitable education to children |
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| | subject to youth detention;’. |
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| | Member’s explanatory statement
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| | This amendment places a duty on the YPLA to fund the provision of education to children who are |
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| | subject to youth detention.“Subject to youth detention” is defined in clause 77, as a result of |
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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 or training’ and insert |
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| ‘education or training within paragraph (a) or (aa)’. |
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| Member’s explanatory statement
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| This amendment is consequent on amendment 308. |
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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 38, line 30, after ‘(1)(a)’ insert ‘or (aa)’. |
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| Member’s explanatory statement
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| This amendment is consequent on amendment 308 and confers power on the YPLA to fund persons |
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| providing goods or services in connection with education provided to children subject to youth |
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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 58, page 39, line 12, after ‘(1)’ insert ‘(a)’. |
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| Member’s explanatory statement
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| This amendment is consequent on amendment 308. |
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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 63, page 41, line 9, at end insert— |
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| | ‘(3) | The YPLA may secure the provision of suitable education for children subject to |
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| | Member’s explanatory statement
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| | This amendment gives the YPLA the power to secure the provision of education for children subject |
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| Clause 64, page 41, line 12, after ‘perform’ insert ‘— (a)’. |
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| Member’s explanatory statement
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| This amendment, with amendment 314, amends clause 64 to confer power on the YPLA to |
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| intervene if an LEA has failed or is likely to fail to perform its duties in respect of people subject |
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| Clause 64, page 41, line 14, leave out ‘(“the section 15ZA duty”)’ and insert ‘, or |
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| | (b) | its duty under section 18A(1) of that Act (duty to secure provision of |
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| | enough suitable education and training for persons subject to youth |
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| | |
| | Member’s explanatory statement
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| | See Member’s explanatory statement for amendment 313. |
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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 16, leave out ‘YPLA may’ and insert ‘Secretary of State, |
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| upon receipt of a recommendation from the YPLA, may’. |
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| Clause 64, page 41, line 17, leave out ‘section 15ZA duty’ and insert ‘duty in |
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| Member’s explanatory statement
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| This amendment is consequent on amendment 314. |
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| Clause 64, page 41, line 21, leave out subsection (4). |
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| Clause 64, page 41, line 24, leave out ‘YPLA’ and insert Secretary of State’. |
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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 subsection (1) and insert— |
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| | ‘(1) | The Secretary of State must issue guidance to local education authorities about |
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| | the performance of YPLA of its duties under section 15ZA(1) of the Education |
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| | |
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