617

House of Commons

Notices of Amendments

given on

Tuesday 24 March 2009

For other Amendment(s) see the following page(s) of Supplement to Votes:

Apprenticeships, Skills, Children and Learning Bill Committee 530-615

Public Bill Committee

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Apprenticeships, Skills, Children and Learning Bill

Jim Knight

Mr Siôn Simon

560

Clause  248,  page  147,  line  17,  after ‘section’, insert ‘[Recoupment],’.

Member’s explanatory statement

This amendment is consequent on new clause 28.

Jim Knight

Mr Siôn Simon

561

Clause  255,  page  149,  line  29,  at end insert—

‘(fa)

section [Recoupment], so far as relating to Wales;’.

Member’s explanatory statement

This amendment is consequent on new clause 28.

Recoupment

Jim Knight

Mr Siôn Simon

NC28

To move the following Clause:—

‘(1)	This section applies in relation to the following cases—

(a)	the YPLA secures the provision of education under section 63 in respect

of a person who belongs to the area of a local education authority in

England or Wales (“the home authority”);

(b)	a local education authority in England or Wales (“the providing

authority”) secures the provision of education within section 63(1) or (3)

in respect of a person who belongs to the area of a local education

authority in England.

Notices of Amendments: 24 March 2009

618

Apprenticeships, Skills, Children and Learning Bill, continued

(2)	Regulations made by the appropriate national authority may make provision—

(a)	in relation to cases within subsection (1)(a), requiring or authorising the

payment of an amount by the home authority to the YPLA;

(b)	in relation to cases within subsection (1)(b), requiring or authorising the

payment of an amount by the YPLA to the providing authority.

(3)	The amounts that may be required or authorised to be paid are such sums in

respect of amounts described in the regulations as may be—

(a)	agreed between the YPLA and the local education authority in question,

or

(b)	failing agreement, determined in accordance with the regulations.

(4)	The regulations may provide for the amounts payable—

(a)	to reflect the whole or any part of the average costs incurred by local

education authorities in the provision of education (whether in England

and Wales as a whole or in any particular area or areas), and

(b)	to be based on figures for average costs determined by such body or

bodies representing local education authorities, or on such other figures

relating to costs so incurred, as the appropriate national authority thinks

appropriate.

(5)	Regulations made under this section by the Welsh Ministers may provide that, in

cases specified in or determined in accordance with the regulations, the amounts

payable are to be determined by the Welsh Ministers with the consent of the

Secretary of State.

(6)	In a case where the providing authority is a local education authority in Wales, a

dispute between the providing authority and the YPLA as to whether the

providing authority is entitled to be paid an amount by the YPLA under the

regulations is to be determined by the Welsh Ministers with the consent of the

Secretary of State.

(7)	“The appropriate national authority” means—

(a)	in relation to a case where the providing authority is a local education

authority in Wales, the Welsh Ministers;

(b)	in relation to any other case, the Secretary of State.’.

Member’s explanatory statement

This clause enables the Secretary of State and Welsh Ministers to make regulations allowing the

YPLA to recover costs from local education authorities (LEAs) where it secures education within

clause 63, or an LEA to recover costs from the YPLA where it secures such education in place of

another LEA.

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Revised 25 March 2009