House of Commons Amendments

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

417

House of Commons

Thursday 19 March 2009

Public Bill Committee

New Amendments handed in are marked thus

Amendments which will comply with the required notice period at their next appearance

Apprenticeships, Skills, Children and Learning Bill

Note

The Amendments have been arranged in accordance with the Order of the

Committee [3 March 2009]

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).’.

Mr John Hayes

Mr Nick Gibb

Mrs Maria Miller

Bill Wiggin

238

Clause  69,  page  43,  line  27,  leave out from ‘YPLA’ to end of line 33 and insert

‘must issue guidance to persons providing education or training about the performance of

their duties under section 15ZA of the Education Act 1996,’.

Jim Knight

Mr Siôn Simon

316

Clause  69,  page  43,  line  28,  leave out ‘section 15ZA(1)’ and insert ‘sections

15ZA(1) and 18A(1)’.

Member’s explanatory statement

This amendment requires the YPLA to issue guidance about LEAs’ performance of their duties

under section 18A of the Education Act 1996 to secure education for persons subject to youth

Public Bill Committee: 19 March 2009
418

Apprenticeships, Skills, Children and Learning Bill, continued

detention.

Jim Knight

Mr Siôn Simon

317

Clause  69,  page  43,  line  31,  leave out ‘functions’ and insert ‘duties’.

Member’s explanatory statement

This amendment is consequent on amendment 316.

Jim Knight

Mr Siôn Simon

290

Clause  73,  page  45,  line  6,  leave out ‘from time to time’.

Member’s explanatory statement

This technical drafting amendment is needed to achieve consistency in references in the Bill to the

exercise of continuing powers.

Mr Nick Gibb

Mr John Hayes

Mrs Maria Miller

Bill Wiggin

24

Clause  74,  page  45,  line  25,  after ‘State’, insert ‘, subject to the agreement of the

relevant Academy.’.

Mr Nick Gibb

Mr John Hayes

Mrs Maria Miller

Bill Wiggin

26

Clause  74,  page  45,  line  29,  at end insert—

‘(2A)
For the purposes of subsection (2) “Academy arrangements” require the YPLA to

support the objective of the autonomy of Academies wherever it is reasonable to

do so.’.

Mr Nick Gibb

Mr John Hayes

Mrs Maria Miller

Bill Wiggin

339

Clause  74,  page  45,  line  29,  at end insert—

‘(2A)
In exercising the functions in subsection (2), the YPLA must allow academies a

right of appeal to the Secretary of State in circumstances where the governing

body of an academy believes that a decision taken by the YPLA is unreasonable

in the circumstances.’.

Public Bill Committee: 19 March 2009
419

Apprenticeships, Skills, Children and Learning Bill, continued

Mr David Laws

Stephen Williams

Annette Brooke

391

Clause  74,  page  45,  line  35,  at end insert ‘but excluding the power conferred on the

Secretary of State by section 482(1) of the Education Act 1996 (c. 56) (Academies).’.

Mr David Laws

Stephen Williams

Annette Brooke

392

Clause  74,  page  45,  line  38,  leave out paragraph (a) and insert—

‘(a)
an agreement entered into by him under section 482 of the Education Act

1996 (c. 56) (Academies);’.

Mr Nick Gibb

Mr John Hayes

Mrs Maria Miller

Bill Wiggin

25

Clause  74,  page  45,  line  39,  after ‘section’, insert ‘, except any functions related to

the monitoring and assessment of school performance’.

Jim Knight

Mr Siôn Simon

291

Clause  74,  page  46,  line  1,  leave out ‘this or any other’ and insert ‘any’.

Member’s explanatory statement

This technical drafting amendment is needed to achieve consistency in the provisions in the Bill

that refer to the Bill itself in conjunction with other Acts.

Mr David Laws

Stephen Williams

Annette Brooke

Mr Nick Gibb

Mr John Hayes

Mrs Maria Miller

143

Page  45,  line  23,  leave out Clause 74.

Mr Nick Gibb

Mr John Hayes

Mrs Maria Miller

Bill Wiggin

27

Clause  75,  page  46,  line  18,  at end insert—

‘(e)
require the YPLA to support the successful establishment of Academy

sixth forms.’.

Public Bill Committee: 19 March 2009
420

Apprenticeships, Skills, Children and Learning Bill, continued

Jim Knight

Mr Siôn Simon

318

Clause  77,  page  47,  line  16,  at end insert—

‘(2A)
For the purposes of this Part a child is subject to youth detention if—

(a)
subject to a detention order, and

(b)
detained in relevant youth accommodation.’.

Member’s explanatory statement

This amendment defines when a child is subject to youth detention, for the purposes of Part 3 of

the Bill.

Jim Knight

Mr Siôn Simon

275

Clause  77,  page  47,  line  17,  leave out subsection (3).

Member’s explanatory statement

This amendment is consequent on amendment 282. The effect of clause 250(2) and (3) is that the

definition in the new section 13(4) of the Education Act 1996 (inserted by amendment 282) will

apply for the purposes of Part 3 of the Bill.

Jim Knight

Mr Siôn Simon

276

Clause  77,  page  47,  leave out lines 25 to 27.

Member’s explanatory statement

This amendment is consequent on amendment 275.

Mr Nick Gibb

Mr John Hayes

Mrs Maria Miller

Bill Wiggin

398

Page  48,  line  6,  leave out Clause 78.

Mr Nick Gibb

Mr John Hayes

Mrs Maria Miller

Bill Wiggin

106

Schedule  4,  page  161,  line  30,  at end insert—

‘(2A)
The Chief Executive may not employ more than 1,800 people in total.’.

Jim Knight

Mr Siôn Simon

306

Schedule  4,  page  163,  line  28,  leave out ‘this or any other’ and insert ‘any’.

Public Bill Committee: 19 March 2009
421

Apprenticeships, Skills, Children and Learning Bill, continued

Member’s explanatory statement

See Member’s explanatory statement for amendment 291.

Mr Nick Gibb

Mr John Hayes

Mrs Maria Miller

Bill Wiggin

107

Clause  79,  page  48,  line  27,  at end insert—

‘(e)
requiring the Chief Executive to secure that the person designated under

subsection (1) is responsive to employers’ needs in relation to the

provision of apprenticeships.’.

Jim Knight

Mr Siôn Simon

185

Clause  79,  page  49,  line  1,  leave out ‘issued by the English certifying authority’.

Member’s explanatory statement

This amendment is consequent on amendment 152.

Jim Knight

Mr Siôn Simon

186

Clause  79,  page  49,  line  22,  leave out ‘(3)’ and insert ‘(4)’.

Member’s explanatory statement

This is a technical drafting amendment correcting a cross-reference.

Mr David Laws

Stephen Williams

Annette Brooke

229

Clause  80,  page  49,  line  41,  at end insert—

‘(ba)
increasing opportunities for people with learning difficulties to gain

skills and training to increase transition from education into

employment;’.

Mr Nick Gibb

Mr John Hayes

Mrs Maria Miller

Bill Wiggin

48

Clause  80,  page  50,  line  6,  after ‘agreement’, insert ‘that includes specific

requirements for supervised training in the workplace,’.

Public Bill Committee: 19 March 2009
422

Apprenticeships, Skills, Children and Learning Bill, continued

Mr David Laws

Stephen Williams

Annette Brooke

113

Clause  80,  page  50,  line  7,  leave out subsection (b).

Mr Nick Gibb

Mr John Hayes

Mrs Maria Miller

Bill Wiggin

204

Clause  81,  page  50,  line  11,  leave out ‘local education authorities’ and insert

‘employers and providers of training’.

Mr Nick Gibb

Mr John Hayes

Mrs Maria Miller

Bill Wiggin

205

Clause  81,  page  50,  line  14,  leave out subsection (2).

Jim Knight

Mr Siôn Simon

409

Clause  83,  page  50,  line  36,  leave out ‘conferred by sections 80 to 82’ and insert ‘of

the office’.

Member’s explanatory statement

This technical amendment is consequent on amendments 410 and 411. Its effect is to require the

Chief Executive to exercise functions relating to persons aged 19 or over so as to secure sufficient

suitable apprenticeship places for persons having elected for the apprenticeship scheme under

clause 84.

Mr David Laws

Stephen Williams

Annette Brooke

114

Clause  83,  page  50,  line  42,  at end insert—

‘(c)
whose employer has withdrawn from an apprenticeship agreement after

it has been entered into.’.

Mr David Laws

Stephen Williams

Annette Brooke

115

Clause  83,  page  51,  line  6,  at end insert—

Public Bill Committee: 19 March 2009
423

Apprenticeships, Skills, Children and Learning Bill, continued

‘(2A)
Where no suitable employer is available arrangements shall not be made for

persons eligible under subsection (1) to begin training or study until such time

when arrangements for employment can be made.’.

Jim Knight

Mr Siôn Simon

410

Clause  84,  page  51,  line  19,  leave out from ‘is’ to ‘and’ in line 20 and insert ‘within

subsection (1A) or (1B),’.

Member’s explanatory statement

The effect of this amendment (with amendment 411) is to permit a care leaver aged 19 or over who

satisfies the apprenticeship scheme requirements, and to whom a local authority in England owes

certain duties under the Children Act 1989, to elect for the apprenticeship scheme under clause 84.

Jim Knight

Mr Siôn Simon

411

Clause  84,  page  51,  line  23,  at end insert—

‘(1A)
A person within this subsection is one who—

(a)
is over compulsory school age, and

(b)
is aged under 19.

(1B)
A person within this subsection is one who is not within subsection (1A) and—

(a)
is a person aged under 21 towards whom a local authority in England has

the duties provided for in section 23C of the Children Act 1989 (c. 41)

(continuing functions in respect of certain formerly looked after

children), or

(b)
is a person to whom section 23CA of that Act applies, in relation to whom

a local authority in England is the responsible local authority (within the

meaning of that section).’.

Member’s explanatory statement

The new subsection (1B) inserted by this amendment describes the care leavers who will be eligible

to elect for the apprenticeship scheme, by reference to duties owed by local authorities in England

under the Children Act 1989.

Mr Nick Gibb

Mr John Hayes

Mrs Maria Miller

Bill Wiggin

49

Clause  85,  page  52,  line  13,  at end insert—

‘(d)
arrangements for courses of training at a college or other institution must

include some form of specific training in the workplace.’.