567

House of Commons

Notices of Amendments

given on

Friday 27 March 2009

Consideration of Bill

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Apprenticeships, Skills, Children and Learning Bill, As Amended

Quality of further education college buildings

Michael Gove

Mr David Willetts

Mr Nick Gibb

Mr John Hayes

Mrs Maria Miller

Bill Wiggin

NC1

To move the following Clause:—

‘(1)	The Secretary of State shall commission an audit, to be completed by a person or

body he considers appropriate, of all further education colleges in England with

the objective of establishing the quality of the college buildings and facilities.

(2)	The audit commissioned in subsection (1) shall be completed within twelve

months and the results submitted to the Secretary of State.

(3)	The Secretary of State shall publish the results of the audit submitted to him under

subsection (2).’.

Comparative study of qualifications

Michael Gove

Mr David Willetts

Mr Nick Gibb

Mr John Hayes

Mrs Maria Miller

Bill Wiggin

NC2

To move the following Clause:—

‘(1)	The Secretary of State shall commission a comparative study, to be conducted by

a person or body he considers appropriate, of the standards of—

(a)	GCSEs, and

(b)

A levels,

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Apprenticeships, Skills, Children and Learning Bill, continued

with comparable qualifications in each of the jurisdictions of the European

Union, to be completed within a period of 18 months of the coming into force of

this Act.

(2)	The Secretary of State shall publish the results of this study.’.

Abolition of appeals against permanent exclusion of pupils

Michael Gove

Mr David Willetts

Mr Nick Gibb

Mr John Hayes

Mrs Maria Miller

Bill Wiggin

NC3

To move the following Clause:—

‘(1)	The Exclusion (Pupil Exclusions and Appeals) (Maintained Schools) (England)

Regulations 2002 are amended as follows.

(2)	Omit Regulation 6 and the Schedule to the Regulations.’.

Commission on costs of abolition of the Learning and Skills Council

Michael Gove

Mr David Willetts

Mr Nick Gibb

Mr John Hayes

Mrs Maria Miller

Bill Wiggin

NC4

To move the following Clause:—

‘(1)	The Secretary of State shall establish a Commission to report on the costs

involved in abolishing the Learning and Skills Council and establishing the

Young People’s Learning Agency and the office of Chief Executive of Skills.

(2)	The Commission shall consist of a chairman and no more than three other

members.

(3)	The Commission shall report to the Secretary of State within a period of six

months of the date on which this Act received Royal Assent.

(4)	The Secretary of State shall publish the report submitted to him under subsection

(3).’.

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Apprenticeships, Skills, Children and Learning Bill, continued

Science

Michael Gove

Mr David Willetts

Mr Nick Gibb

Mr John Hayes

Mrs Maria Miller

Bill Wiggin

NC5

To move the following Clause:—

‘(1)	Section 85 of the Education Act 2002 is amended as follows.

(2)	After subsection (5) insert—

“(5A)

A pupil in the fourth key stage is entitled, if he so elects, to follow a

course of study in science that leads to separate qualifications in—

(a)

biology,

(b)	chemistry, and

(c)	physics.”.’.

Michael Gove

Mr David Willetts

Mr Nick Gibb

Mr John Hayes

Mrs Maria Miller

Bill Wiggin

NS1

To move the following Schedule:—

‘the chief executive of academies

Status

1    (1)

The Chief Executive of Academies is to perform the functions of the office on

behalf of the Crown.

(2)	The person for the time being holding the office of Chief Executive of

Academies is by the name of that office to be a corporation sole.

Tenure of office and terms of appointment

2    (1)

The Secretary of State may remove the Chief Executive of Academies from

office on the grounds of inability or unfitness to carry out the functions of the

office.

(2)	The Chief Executive of Academies may resign at any time by giving written

notice to the Secretary of State.

(3)	Otherwise, the Chief Executive of Academies holds and vacates office in

accordance with the terms of appointment to that office (which may include

provision for dismissal).

(4)	Service as Chief Executive of Academies is to be service in the civil service of

the State.

Staff

3    (1)

The Chief Executive of Academies may appoint staff.

(2)	Service as a member of the Chief Executive of Academy’s staff is to be service

in the civil service of the State.

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Apprenticeships, Skills, Children and Learning Bill, continued

(3)	Subject to sub-paragraph (2), the conditions of service of the staff appointed

by the Chief Executive of Academies are to be determined by the Chief

Executive of Academies.

Delegation

4    (1)

The Chief Executive of Academies may delegate any of the functions of the

office to—

(a)	a member of the Chief Executive of Academies’ staff appointed under

paragraph 3, or

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

the Secretary of State under arrangements under paragraph 5.

(2)	Any delegation under sub-paragraph (1) is to be to the extent, and on terms that

the Chief Executive of Academies determines.

Arrangements with Secretary of State

5	The Secretary of State and the Chief Executive of Academies may enter into

arrangements with each other for the provision to the Chief Executive of

Academies by the Secretary of State, on such terms as may be agreed, of staff,

accommodation or services.

Funding

6    (1)

The Secretary of State may make grants to the Chief Executive of Academies.

(2)	Grants to the Chief Executive of Academies are to be made at such times and

subject to such conditions (if any) as the Secretary of State thinks appropriate.

(3)	Conditions to which a grant is subject may—

(a)	set the Chief Executive of Academies’ budget for any financial year;

(b)	require the Chief Executive of Academies to use the grant for specified

purposes;

(c)	require the Chief Executive of Academies to comply with specified

requirements in respect of a person or persons of a specified

description in securing the provision of specified financial resources

to such persons;

(d)	enable repayment (in whole or part) to be required of sums paid by the

Secretary of State if any condition subject to which the grant was made

is not complied with;

(e)	require the payment of interest in respect of any period during which

a sum due to the Secretary of State in accordance with any condition

remains unpaid.

(4)	Requirements which may be imposed under sub-paragraph (3)(c) include in

particular requirements that, if the Chief Executive of Academies provides

specified financial resources, the Chief Executive of Academies is to impose

specified conditions.

Reports

7    (1)

As soon as reasonably practicable after the end of each financial year the Chief

Executive of Academies must prepare an annual report for the financial year.

(2)	The annual report must state how the Chief Executive of Academies has

performed the functions of the office in the financial year.

(3)	The Chief Executive of Academies must send a copy of each report prepared

under sub-paragraph (1) to the Secretary of State.

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Apprenticeships, Skills, Children and Learning Bill, continued

(4)	The Secretary of State must lay before Parliament a copy of each report

received under sub-paragraph (3) and arrange for it to be published.

(5)	The Chief Executive of Academies—

(a)	may prepare other reports on matters relating to the functions of the

office, and

(b)	must send a copy of each report prepared under sub-sub-paragraph (a)

to the Secretary of State.

Accounts

8    (1)

The Chief Executive of Academies must—

(a)	keep proper accounts and proper records in relation to the accounts,

and

(b)	prepare annual accounts in respect of each financial year.

(2)	The annual accounts must comply with any directions given by the Secretary

of State with the approval of the Treasury as to—

(a)	the information to be contained in them,

(b)	the manner in which the information contained in them is to be

presented, or

(c)	the methods and principles according to which the annual accounts are

to be prepared.

(3)	Before the end of the month of August next following each financial year, the

Chief Executive of Academies must send copies of the annual accounts for the

year to—

(a)	the Secretary of State, and

(b)	the Comptroller and Auditor General.

(4)	The Comptroller and Auditor General must—

(a)	examine, certify and report on the annual accounts, and

(b)	give a copy of the report to the Secretary of State.

(5)	The Secretary of State must lay before Parliament—

(a)	a copy of any annual accounts received under sub-paragraph (3), and

(b)	a copy of each report received under sub-paragraph (4).

Supplementary powers

9    (1)

The Chief Executive of Academies may do anything that the Chief Executive

of Academies considers necessary or appropriate for the purposes of, or in

connection with, the functions of the office.

(2)	The power in sub-paragraph (1) is subject to any restrictions imposed by or

under any provision of this or any other Act.

(3)	The Chief Executive of Academies may not borrow money.

(4)	The Chief Executive of Academies may not do any of the following without

the consent of the Secretary of State—

(a)	lend money;

(b)	form, participate in forming or invest in a company;

(c)	form, participate in forming or otherwise become a member of a

charitable incorporated organisation (within the meaning of section

69A of the Charities Act 1993 (c. 10)).

(5)	In sub-paragraph (4)(b) the reference to investing in a company includes a

reference to—

(a)	becoming a member of the company, and

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Apprenticeships, Skills, Children and Learning Bill, continued

(b)	investing in it by the acquisition of any assets, securities or rights or

otherwise.

Directions about management

10	The Secretary of State may give directions to the Chief Executive of

Academies about the financial and other management of and administrative

arrangements relating to the office comprising the Chief Executive of

Academies and the staff of the Chief Executive of Academies.

Financial year

11	In this Schedule “financial year” means—

(a)	the period beginning on the day on which section 78 comes into force

and ending on the following 31 March;

(b)	each successive period of 12 months.’.

Academy arrangements

Michael Gove

Mr David Willetts

Mr Nick Gibb

Mr John Hayes

Mrs Maria Miller

Bill Wiggin

NC6

To move the following Clause:—

‘(1)	The Secretary of State may require the Chief Executive of Academies to enter

into Academy arrangements with the Secretary of State.

(2)	For the purposes of this section and sections 75 and 76 “Academy arrangements”

are arrangements under which the Chief Executive of Academies is required to

exercise specified Academy functions on the Secretary of State’s behalf in

accordance with the arrangements.

(3)	An “Academy function” is a function of the Secretary of State relating to or

exercisable in connection with—

(a)	Academies, city technology colleges or city colleges for the technology

of the arts generally,

(b)	a particular, or particular description of, Academy, city technology

college or city college for the technology of the arts.

(4)	Academy functions include in particular functions of the Secretary of State

under—

(a)	section 482 of the Education Act 1996 (c. 56) (Academies) or an

agreement entered into under that section,

(b)	Schedule 35A to that Act (Academies: land).

(5)	References in a provision made by or under this or any other Act to the functions

of the Chief Executive of Academies do not include any functions conferred or

imposed on the Chief Executive of Academies under Academy arrangements.’.

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Apprenticeships, Skills, Children and Learning Bill, continued

Chief Executive of Academies

Michael Gove

Mr David Willetts

Mr Nick Gibb

Mr John Hayes

Mrs Maria Miller

Bill Wiggin

NC7

To move the following Clause:—

‘(1)	There is to be a Chief Executive of Academies.

(2)	In this Part that person is referred to as “the Chief Executive of Academies”.

(3)	The Chief Executive of Academies is to be appointed by the Secretary of State.

(4)	The Chief Executive of Academies is to perform the functions of the office in

relation to England only.

(5)	Schedule [The Chief Executive of Academies] makes further provision about the

Chief Executive of Academies.’.

Behaviour of pupils

Michael Gove

Mr David Willetts

Mr Nick Gibb

Mr John Hayes

Mrs Maria Miller

Bill Wiggin

NC8

To move the following Clause:—

‘(1)	Section 94 (2) of the Education and Inspections Act 2006 is amended as follows.

(2)	Omit “if he proves that the seizure, retention or disposal (as the case may be) was

lawful (whether or not by virtue of section 91)” and insert “if the item was

prohibited by the published rules of the school,”’.

School detentions

Michael Gove

Mr David Willetts

Mr Nick Gibb

Mr John Hayes

Mrs Maria Miller

Bill Wiggin

NC9

To move the following Clause:—

‘(1)	Section 93 (1) of the Education and Inspections Act 2006 is amended as follows.

(2)	After subsection (1)(c) insert—

“(d)	attempting to leave the room in which the pupil is subject to a

disciplinary penalty which consists of the detention of that pupil

outside school sessions,”’.

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Revised 30 March 2009