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(b)	where that period is part of a continuous period, comprising—

(i)	periods of detention in relevant youth accommodation

and in other accommodation, or

(ii)	periods of detention pursuant to two or more orders of

any court,

the beginning of that continuous period.

(5)	Where, on the child’s release, a local education authority (“the new

authority”) other than the authority mentioned in subsection (3) (“the old

authority”) becomes responsible for the child for the purposes of this

Part—

(a)	the old authority must transfer the statement to the new authority,

and

(b)	from the child’s release, the statement is to be treated as being

maintained by the new authority under section 324.”

(3)	In section 328(5) (reviews of educational needs), at the end of paragraph (a) (but

before “and”) insert—

“(aa)

where the child concerned—

(i)	has been subject to a detention order, and

(ii)	immediately before release was detained in relevant

youth accommodation,

on the child’s release from detention,”.’.

Member’s explanatory statement

This new clause inserts new provisions into Part 4 of the Education Act 1996 to suspend that Part

while a person is detained in relevant youth accommodation and make provision for a statement

of special educational needs maintained before a person’s detention to be revived and reviewed

on their release.

Sharing of information for education and training purposes

Jim Knight

Mr Siôn Simon

NC20

To move the following Clause:—

‘(1)	A person within subsection (3) may provide information to another person within

that subsection, or a person within subsection (4), for the purpose of enabling or

facilitating the exercise of any relevant function.

(2)	A person within subsection (4) may provide information to a person within

subsection (3) for the purpose of enabling or facilitating the exercise of any

relevant function.

(3)	The persons within this subsection are—

(a)	the Chief Executive;

(b)	the Young People’s Learning Agency for England;

(c)	a designated person;

(d)	a member of the Chief Executive’s staff;

(e)	a member of staff of a designated person;

(f)	a person providing services to any person within paragraphs (a) to (c).

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(4)	The persons within this subsection are—

(a)	a local education authority in England;

(b)	a person providing services to a local education authority in England in

its capacity as such.

(5)	In subsections (1) and (2), “relevant function” means—

(a)	any function of the Chief Executive,

(b)	any function of the Young People’s Learning Agency for England, or

(c)	any function conferred on a local education authority in England in its

capacity as such,

other than a function under this section.

(6)	In this section—

“the Chief Executive” means the Chief Executive of Skills Funding;

“designated person” means a person by whom any function of the Chief

Executive is exercisable by virtue of section 79(1);

“member of staff of a designated person” means a person—

(a)	appointed by a designated person to assist the designated person

in connection with the performance of any function exercisable

by the designated person by virtue of section 79(1), or

(b)	exercising any function of the Chief Executive by virtue of

section 79(4);

“member of the Chief Executive’s staff” means—

(c)	a member of the Chief Executive’s staff appointed by the Chief

Executive under paragraph 3 of Schedule 4, or

(d)	a member of staff provided to the Chief Executive by the

Secretary of State under arrangements under paragraph 5 of that

Schedule.

(7)	Nothing in this section—

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

section, or

(b)	authorises the disclosure of any information in contravention of any

provision made by or under any Act which prevents disclosure of the

information.’.

Member’s explanatory statement

This new clause replaces clause 119 to allow information sharing between bodies and persons

replacing the Learning and Skills Council. It differs from clause 119 in not extending local

education authorities’ existing statutory powers to share information with each other and in

defining “member of the Chief Executive‘s staff”.

Surrender of recognition

Jim Knight

Mr Siôn Simon

NC23

To move the following Clause:—

‘(1)	A recognised body may give notice to Ofqual that it wishes to cease to be

recognised in respect of the award or authentication of a specified qualification or

description of qualification.

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Apprenticeships, Skills, Children and Learning Bill, continued

(2)	As soon as reasonably practicable after receipt of a notice under subsection (1)

Ofqual must give notice to the recognised body of the date on which the body is

to cease to be recognised in the respect in question (“the surrender date”).

(3)	In deciding the surrender date Ofqual 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)	Ofqual may make saving or transitional provision in connection with a recognised

body ceasing to be recognised in any respect by virtue of this section.’.

Member’s explanatory statement

This new clause allows a recognised body to surrender recognition by giving notice to Ofqual.

Ofqual has 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.

Duty not to impose or maintain unnecessary burdens

Jim Knight

Mr Siôn Simon

NC24

To move the following Clause:—

‘(1)	Ofqual must keep its regulatory functions under review.

(2)	Ofqual must secure that in performing any of its regulatory functions it does

not—

(a)	impose burdens which it considers to be unnecessary, or

(b)	maintain burdens which it considers to have become unnecessary.

(3)	Subsection (2) does not require the removal of a burden which has become

unnecessary where its removal would, having regard to all the circumstances, be

impracticable or disproportionate.

(4)	Ofqual must publish a statement setting out—

(a)	what it proposes to do pursuant to subsections (1) and (2) in the period to

which the statement relates,

(b)	(except in the case of the first statement published under this section)

what it has done pursuant to subsections (1) and (2) since the previous

statement was published under this section, and

(c)	where a burden which has become unnecessary is maintained pursuant to

subsection (3), the reasons why the removal of the burden would, having

regard to all the circumstances, be impracticable or disproportionate.

(5)	The first statement published under this section—

(a)	must be published as soon as reasonably practicable after the

commencement of section 124, and

(b)	is to be a statement for the period of 12 months beginning with the day of

its publication.

(6)	A subsequent statement published under this section—

(a)	must be published during the period to which the previous statement

related or as soon as reasonably practicable after the end of that period,

and

(b)	must be a statement for the period of 12 months beginning with the end

of the period to which the previous statement related.

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(7)	Ofqual must, in performing any of its regulatory functions during a period for

which a statement is in force under this section, have regard to the statement.

(8)	In this section “regulatory function” has the same meaning as in the Legislative

and Regulatory Reform Act 2006 (c. 51) (see section 32 of that Act).’.

Member’s explanatory statement

This new clause imposes a duty on Ofqual not to impose or maintain unnecessary regulatory

burdens. The clause is similar in effect to section 72 of the Regulatory Enforcement and Sanctions

Act 2008, which imposes almost identical duties on a range of regulators.

Free school meals

Mr David Laws

Stephen Williams

Annette Brooke

NC1

To move the following Clause:—

‘(1)	A local education authority may provide registered students at—

(a)	a sixth form college, or

(b)	a further education college,

who are over compulsory school age, but under 19, with lunches.

(2)	Where provision is made under subsection (1) it shall be made in a case within

paragraph (a) or (b) of that subsection, either on the college premises or at any

other place where education is being provided.

(3)	A local education authority shall exercise its power under subsection (1) to

provide college lunches for any person if—

(a)	any prescribed requirements are met,

(b)	a request for the provision of college lunches has been made by or on

behalf of that person to the authority, and

(c)

either—

(i)	that person is eligible for free lunches (as defined by section

512ZB (4) of the Education Act 1996, or

(ii)	in the case of a person within subsection (1) (a), it would not be

unreasonable for the authority to provide the lunches.

(4)	Where the local education authority provides lunch in accordance with subsection

(3) to a person who is eligible for free lunches, the authority shall provide the

meal free of charge.’.

Further provision about transport policy statements

Mr David Laws

Stephen Williams

Annette Brooke

NC2

To move the following Clause:—

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‘(1)	In section 509AB of the Education Act 1996 (c. 56) omit subsection (3)(d) and

insert after subsection (7)—

“(8)	In preparing a statement under that section a local education authority has

a duty to provide affordable transport.”.’.

Complaints about transport arrangements

Mr David Laws

Stephen Williams

Annette Brooke

NC3

To move the following Clause:—

‘(1)	After section 509AE of the Education Act 1996 (complaints about transport

arrangements etc for persons of sixth form age in England) insert—

“509AF

Complaints about transport arrangements etc for certain young

adults

(1)	A local education authority may revise a statement prepared under

section 508F to change the arrangements specified under subsection (1)

of that section if, as a result of a certain young adult’s transport

complaint, they have come to consider the change necessary for the

purpose mentioned in that subsection.

(2)	A local education authority must revise a statement prepared under

section 508F to change the arrangements specified under subsection (1)

of that section if, as a result of a certain young adult transport complaint,

the Secretary of State has directed them to do so.

(3)	An authority that revises a statement under subsections (1) or (2) must

publish the revised statement and a description of the revision as soon as

practicable.

(4)	The Secretary of State need not consider whether to exercise any power

under sections 496 to 497A (powers to prevent unreasonable exercise of

functions, etc) or subsection (2) of this section in response to a matter that

is, or could have been, the subject of a certain young adult transport

complaint made to him or her unless satisfied that—

(a)	the matter has been brought to the notice of the local education

authority concerned, and

(b)	the authority has had a resonable opportunity to investigate the

matter and respond.

(5)	In this section “certain young adult transport complaint” means a

complaint that is—

(a)	about a local education authority’s exercise of, or failure to

exercise, a function under sections 508F to 509AD in relation to

certain young adults,

(b)	made by a person who is, or will be, a relevant young adult when

the matter complained of has effect, or by a parent of such a

person, and

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Apprenticeships, Skills, Children and Learning Bill, continued

(c)	made by a “certain young adult” as defined by section 508F (8).

(6)	For the purposes of sections 508G(8), 509AB(1) to (5), and 509AD, the

revision of a statement under this section is to be treated as the

preparation of a statement under section 508F.

(7)	Where a local authority has published in a single document a statement

prepared under section 508G and a statement prepared under 509AA, the

requirement to publish a revised statement under subsection (3) is to be

treated as a requirement to publish a version of the document that

includes the revised statement.”.

(2)	In section 496 of the Education Act 1996 (power of Secretary of State to prevent

unreasonable exercise of functions), after subsection (4) (as inserted by section

206(1) of this Act) insert—

“(6)	This section is subject to section 509AF (complaints about transport

arrangements etc for certain young adults in England).”.

(3)	In section 497 of the Education Act 1996 (general default powers of Secretary of

State), after subsection (6) insert—

“(7)	This section is subject to section 509AF (complaints about transport

arragements etc for certain young adults in England).”.

(4)	In section 497A of the Education Act 1996 (power of Secretary of State to secure

proper performance of LEA’s functions), at end insert—

“(9)	This section is subject to section 509AF (complaints about transport

arrangements etc for certain young adults in England).”.’.

Power of the Secretary of State to direct a review of arrangements

Mr David Laws

Stephen Williams

Annette Brooke

NC4

To move the following Clause:—

‘(1)	The Secretary of State may direct one or more local authorities to undertake a

review of their transport policy statement.

(2)	The provision which may be made by a direction includes provision for—

(a)	the timetable for the review and for the preparation and publication of a

scheme,

(b)	the procedures to be followed in carrying out the review,

(c)	particular issues which the review and any scheme must address, and

(d)	the implementation of any policy.’.

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Communication with further education colleges

Mr Nick Gibb

Mrs Maria Miller

Mr John Hayes

Bill Wiggin

NC5

To move the following Clause:—

‘(1)	In considering whether to issue any guidance or other circular to the governing

bodies or principals of further education colleges in the exercise of functions

relating to education, the Secretary of State and the Chief Executive shall have

regard to—

(a)	the desirability of providing information about good educational

practice, while recognising the professional expertise of college staff;

(b)	the benefits that are expected to result from the issue of the guidance or

other circular; and

(c)	the desirability of avoiding—

(i)	the sending of excessive material to governing bodies or

principals, and

(ii)	the imposition of excessive administrative burdens on governing

bodies or principals.

(2)	In pursuance of the duty in subsection (1) the Secretary of State shall in respect

of each academic year—

(a)	prepare a report listing—

(i)	documents sent by him or the Chief Executive during the year to

all governing bodies of further education colleges in England or

to all principals of such colleges, and

(ii)	documents (not falling with sub-paragraph (i)) sent by him

during the year to all governing bodies of further education

colleges in England of a particular kind or to all principals of

such colleges of a particular kind, and

(b)	lay a copy of the report before each House of Parliament, and include

within it comparative statistics in respect of each of the two preceding

academic years on documents falling within this subsection sent out by

him.

(3)	In pursuance of the duty in subsection (1) the National Assembly for Wales shall

in respect of each academic year prepare and publish a report listing—

(a)	documents sent by the Assembly during the year to all governing bodies

of further education colleges in Wales or to all principals of such

colleges, and

(b)	documents (not falling within paragraph (a)) sent by the Assembly during

the year to all governing bodies of further education colleges in Wales of

a particular kind or to all principals of such colleges of a particular kind.

(4)	The documents referred to in subsections (2) and (3) do not include any document

sent by the Secretary of State or the National Assembly for Wales—

(a)	otherwise than in the exercise of functions relating to education, or

(b)	at the request of the person to whom it is sent.

(5)	Each document issued by the Secretary of State or the National Assembly for

Wales and falling within subsections (2)(a)(i) or (ii) or (3)(a) or (b) shall list

within it previous relevant documents issued by the Secretary of State or the

National Assembly for Wales and shall state clearly those documents which are

superseded by the current document.

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Revised 19 March 2009