House of Commons Amendments

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

Public Bill Committee: 19 March 2009
464

Apprenticeships, Skills, Children and Learning Bill, continued

“32ZA
Qualifications functions of Welsh Ministers: co-operation and joint

working etc.

(1)
The Welsh Ministers may co-operate or work jointly with a relevant

authority where it is appropriate to do so in connection with the

carrying out of any of their qualifications functions.

(2)
The Welsh Ministers may provide information to a relevant authority

for the purpose of enabling or facilitating the carrying out of a relevant

function of the authority.

(3)
Subject to subsection (4), the Welsh Ministers and any other relevant

authority may establish a committee jointly, and any committee so

established may establish sub-committees.

(4)
The Welsh Ministers may only exercise the power in subsection (3) if

they consider it appropriate to do so for the purpose of the carrying out

of any of their qualifications functions.

(5)
In this section a committee established under subsection (3) is referred

to as a “joint committee” and a sub-committee established under that

subsection is referred to as a “joint sub-committee”.

(6)
A joint committee and a joint sub-committee must include at least one

member of staff of the Welsh Assembly Government.

(7)
A joint committee may regulate—

(a)
its own procedure (including quorum), and

(b)
the procedure (including quorum) of any sub-committee

established by it.

(8)
The validity of proceedings of a joint committee or a joint sub-

committee is not affected by—

(a)
a vacancy, or

(b)
a defective appointment.

(9)
The Welsh Ministers may delegate any of their qualifications

functions to a joint committee to the extent and on the terms that they

determine.

(10)
A joint committee may delegate any of its functions to a sub-

committee established by it to the extent and on the terms that the joint

committee determines.

(11)
The powers of a joint committee under subsection (10) are subject to

the power of the Welsh Ministers and any other person with whom

they established the joint committee to direct (acting jointly) what the

committee may and may not do.

(12)
Nothing in subsection (2)—

(a)
affects any power to disclose information that exists apart

from that subsection, or

(b)
authorises the disclosure of information in contravention of

any provision made by or under any Act which prevents

disclosure of the information.

(13)
In this section—

“qualifications functions” means functions in connection with relevant

qualifications;

Public Bill Committee: 19 March 2009
465

Apprenticeships, Skills, Children and Learning Bill, continued

“relevant authority” means any person who carries out a function

(whether or not in the United Kingdom) which is similar to any of the

qualifications functions of the Welsh Ministers;

“relevant function” means a function which is similar to any of the

qualifications functions of the Welsh Ministers.”’.

Member’s explanatory statement

This new section for the Education Act 1997 allows the Welsh Ministers to co-operate, work jointly

and form joint committees with other relevant authorities whose functions are similar to any of the

qualifications functions of the Welsh Ministers (for example, Ofqual).

Jim Knight

Mr Siôn Simon

508


Schedule  12,  page  205,  line  26,  leave out ‘section 32B’ and insert ‘sections 32B

and 32C’.

Member’s explanatory statement

This amendment is consequent on amendment 512.

Jim Knight

Mr Siôn Simon

509


Schedule  12,  page  205,  line  42,  at end insert ‘awarded or authenticated by the

person’.

Member’s explanatory statement

This is a technical amendment. See Member’s explanatory statement for amendment 482.

Jim Knight

Mr Siôn Simon

510


Schedule  12,  page  206,  leave out lines 35 to 37.

Member’s explanatory statement

This is a technical amendment to remove an unnecessary provision. All decisions made in the name

of the Welsh Ministers are treated as decisions made by them.

Jim Knight

Mr Siôn Simon

511


Schedule  12,  page  206,  line  38,  leave out ‘that decision’ and insert ‘the decision on

review’.

Member’s explanatory statement

This amendment is consequent on amendment 510.

Jim Knight

Mr Siôn Simon

512


Schedule  12,  page  206,  line  39,  at end insert—

‘32C
Surrender of recognition

(1)
A recognised person may give notice to the Welsh Ministers that the

person wishes to cease to be recognised in respect of the award or

authentication of a specified qualification or description of

qualification.

Public Bill Committee: 19 March 2009
466

Apprenticeships, Skills, Children and Learning Bill, continued

(2)
As soon as reasonably practicable after receipt of a notice under

subsection (1) the Welsh Ministers must give notice to the recognised

person of the date on which the person is to cease to be recognised in

the respect in question (“the surrender date”).

(3)
In deciding the surrender date the Welsh Ministers must have regard

to the need to avoid prejudicing persons who are seeking, or might

reasonably be expected to seek, to obtain the qualification, or a

qualification of the description, specified in the notice under

subsection (1).

(4)
The Welsh Ministers may make saving or transitional provision in

connection with a recognised person ceasing to be recognised in any

respect by virtue of this section.”’.

Member’s explanatory statement

This amendment allows a recognised person to surrender recognition by giving notice to the Welsh

Ministers. The Welsh Ministers have the power to decide the date on which the surrender takes

effect (acting in accordance with the requirements of subsections (2) and (3)) and may make saving

or transitional provision.

Jim Knight

Mr Siôn Simon

513


Schedule  12,  page  206,  line  39,  at end insert—


‘In section 35(1) (transfer of staff) at the end insert “, known instead as the

Qualifications and Curriculum Development Agency from the day on which

section 166 of the Apprenticeships, Skills, Children and Learning Act 2009

comes into force”.’.

Member’s explanatory statement

This amendment makes a change to section 35 of the Education Act 1997 (which made provision

for the transfer of staff to the Qualifications and Curriculum Agency (QCA) when it was

established) to reflect the QCA’s change of name.

Jim Knight

Mr Siôn Simon

514


Schedule  12,  page  207,  line  6,  at end insert—


‘In Schedule 7 (minor and consequential amendments) omit paragraph 2.’.

Member’s explanatory statement

See Member’s explanatory statement for amendment 501.

Jim Knight

Mr Siôn Simon

515


Schedule  12,  page  212,  line  13,  at end insert—

‘Safeguarding Vulnerable Groups Act 2006 (c. 47)


In section 21(10) of the Safeguarding Vulnerable Groups Act 2006 (controlled

activity relating to children) in paragraph (d) for “Qualifications and

Curriculum Authority” substitute “Qualifications and Curriculum

Development Agency”.’.

Member’s explanatory statement

This amendment changes the reference to the Qualifications and Curriculum Agency (QCA) in the

Public Bill Committee: 19 March 2009
467

Apprenticeships, Skills, Children and Learning Bill, continued

Safeguarding Vulnerable Groups Act 2006 to reflect the QCA’s new name.

Mr Nick Gibb

Mr John Hayes

Mrs Maria Miller

Bill Wiggin

75

Clause  184,  page  97,  leave out lines 18 to 20.

Mr David Laws

Stephen Williams

Annette Brooke

367

Clause  184,  page  97,  line  23,  at end insert—

‘(fe)
the management committee of a school falling within section 19(2B) of

the Education Act 1996 (c.56) (pupil referral units)’.

Mrs Maria Miller

Mr John Hayes

Mr Nick Gibb

Bill Wiggin

195

Clause  184,  page  97,  line  26,  at end insert—

‘(ff)
a short stay school within the area of the authority;

(fg)
a Sure Start Children’s Centre within the area of the authority;

(fh)
a representative of an extended school provider within the area of the

authority;

(fi)
general medical practitioners within the area of the authority.’.

Mr Nick Gibb

Mr John Hayes

Mrs Maria Miller

Bill Wiggin

211

Clause  184,  page  97,  line  36,  at end insert—

‘(9A)
Arrangements under this section shall not diminish the powers of school leaders

in fulfilling their responsibilities for the day to day management of their school.’.

Mrs Maria Miller

Mr John Hayes

Mr Nick Gibb

Bill Wiggin

194

Clause  185,  page  98,  line  26,  at end insert—

‘(1A)
The Children’s Trust Board—

(a)
is responsible to the Children’s Services Director in the Children’s

Services Authority;

Public Bill Committee: 19 March 2009
468

Apprenticeships, Skills, Children and Learning Bill, continued

(b)
must provide information to the local strategic partnership and have

regard to its plan;

(c)
must inform the primary care trust chief executive of plans.’.

Mrs Maria Miller

Mr John Hayes

Mr Nick Gibb

Bill Wiggin

190

Clause  185,  page  98,  line  31,  at end insert—

‘(2A)
Children’s Trust Boards must seek and take account of the views of private,

voluntary and independent providers of children’s services when planning and

commissioning the provision of services.’.

Mrs Maria Miller

Mr John Hayes

Mr Nick Gibb

Bill Wiggin

191

Clause  185,  page  99,  line  33,  at end add—

‘(1A)
The establishing authority and their relevant partners must make payments to be

made to the Children’s Trust Board on a regular basis, as defined by that Board.’.

Mrs Maria Miller

Mr John Hayes

Mr Nick Gibb

Bill Wiggin

189

Clause  185,  page  100,  line  37,  after ‘plan’ insert ‘, which shall include children and

relevant young persons in the area of the authority’.

Mr David Laws

Stephen Williams

Annette Brooke

368

Clause  185,  page  100,  line  40,  at end insert—

‘(4A)
Regulations under this section must specify that—

(a)
a children and young people’s plan deal with transport and travel matters;

(b)
a Children’s Trust Board consult the relevant local transport authority.’.

Mrs Maria Miller

Mr John Hayes

Mr Nick Gibb

Bill Wiggin

193

Clause  185,  page  101,  line  13,  at end insert—

‘(c)
monitor the implementation of strategies set out in the children and

young people’s plan and prepare and publish an annual report about the

extent to which strategies result in improved outcomes for children and

families,’.

(d)
forward for formal response copies of both reports to relevant partners.’.

Public Bill Committee: 19 March 2009
469

Apprenticeships, Skills, Children and Learning Bill, continued

Mrs Maria Miller

Mr John Hayes

Mr Nick Gibb

Bill Wiggin

192

Clause  185,  page  101,  line  13,  at end insert—

‘(4)
The Director of the Children’s Services Authority shall be responsible for the

implementation of the children and young people’s plan and the cooperation of

persons and bodies within the plan, in particular relevant persons or bodies.’.

Mrs Maria Miller

Mr Nick Gibb

Mr John Hayes

Bill Wiggin

402

Clause  186,  page  102,  line  15,  at end insert—

‘(1A)
A local authority may not provide early childhood services unless the local

authority is satisfied—

(a)
that no other person is willing to provide the early childhood services

(whether in pursuance of arrangements made with the authority or

otherwise), or

(b)
if another person is willing to do so, that in the circumstances it is

appropriate for the local authority to provide the early years services.’.

Mrs Maria Miller

Mr Nick Gibb

Mr John Hayes

Bill Wiggin

403

Clause  186,  page  102,  line  31,  at end insert ‘alongside support for the wider family

designed to improve outcomes for children.’.

Mr David Laws

Stephen Williams

Annette Brooke

424


Clause  186,  page  103,  leave out lines 7 to 11.

Mrs Maria Miller

Mr Nick Gibb

Mr John Hayes

Bill Wiggin

401

Clause  186,  page  103,  leave out lines 12 to 39.

Mrs Maria Miller

Mr Nick Gibb

Mr John Hayes

Bill Wiggin

405

Clause  186,  page  104,  leave out lines 1 and 2.

Public Bill Committee: 19 March 2009
470

Apprenticeships, Skills, Children and Learning Bill, continued

Mrs Maria Miller

Mr Nick Gibb

Mr John Hayes

Bill Wiggin

406

Clause  186,  page  104,  leave out lines 8 to 10.

Mrs Maria Miller

Mr Nick Gibb

Mr John Hayes

Bill Wiggin

404

Clause  186,  page  104,  leave out lines 14 to 39 and insert—

‘5E
Services available through children’s centres

(1)
The management of children’s centres must determine with the local authority

and children’s trust boards which services are necessary to strengthen families

and improve outcomes for children in the local community.

(2)
In meeting their duties under subsection (1), priority must be given to providing

services to support the most disadvantaged families.

(3)
Relevant partners have a duty to work with children’s centres to assess how the

services are best delivered.

(4)
Health visitor services must be provided by children’s centres.

(5)
The Secretary of State may, by regulations, determine the services to be provided

under subsection (4).’.

Mrs Maria Miller

Mr Nick Gibb

Mr John Hayes

Bill Wiggin

399

Clause  186,  page  105,  line  13,  at end insert—

‘5H
Children’s centres: information on costs

The local authority must, on an annual basis, publish in respect of each children’s

centre within its area information on—

(a)
budgets allocated to children’s centres,

(b)
administration costs incurred in the operation of children’s centres, and

(c)
any other relevant costs associated with the children’s centres.’.

Mrs Maria Miller

Mr Nick Gibb

Mr John Hayes

Bill Wiggin

400

Clause  187,  page  105,  line  18,  at end insert—