House of Commons Public Bill Committee Proceedings

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

Public Bill Committee Proceedings: 17 March 2009
28

Apprenticeships, Skills, Children and Learning Bill, continued

Mr Nick Gibb

Mrs Maria Miller

Mr John Hayes

Bill Wiggin

Not called  130

Clause  47,  page  30,  line  9,  leave out ‘a local education authority’ and insert ‘the

Young People’s Learning Agency’.

Mr Nick Gibb

Mrs Maria Miller

Mr John Hayes

Bill Wiggin

Not called  131

Clause  47,  page  30,  line  11,  leave out ‘a local education authority in’ and insert ‘the

Young People’s Learning Agency’.

Jim Knight

Mr Siôn Simon

Agreed to  270

Clause  47,  page  30,  leave out lines 18 to 21.

Clause, as amended, Agreed to.

Jim Knight

Mr Siôn Simon

Agreed to  271

Clause  48,  page  30,  line  33,  leave out ‘section’ and insert ‘Act’.

Jim Knight

Mr Siôn Simon

Agreed to  343

Clause  48,  page  30,  line  45,  at end insert—

‘( )
After that subsection add—

“(3)
A child or young person who is being kept in accommodation provided

for the purpose of restricting liberty is not to be regarded for the purposes

of this section as detained in pursuance of an order made by a court by

reason of the fact that a court has authorised the person to be kept in such

accommodation under section 25(4) of the Children Act 1989 (use of

accommodation for restricting liberty).”’.

Clause, as amended, Agreed to.

Mr Nick Gibb

Mrs Maria Miller

Mr John Hayes

Bill Wiggin

Not called  132

Clause  49,  page  31,  line  11,  leave out ‘home authority’ and insert ‘Young People’s

Public Bill Committee Proceedings: 17 March 2009
29

Apprenticeships, Skills, Children and Learning Bill, continued

Learning Agency’.

Mr Nick Gibb

Mr John Hayes

Mrs Maria Miller

Bill Wiggin

Not called  232

Clause  49,  page  31,  line  14,  at end insert—

‘(2A)
In carrying out the duty imposed by subsection (2) the home authority must have

regard to any special educational needs or learning difficulties (within the

meaning of section 15ZA(7) and (8)) the persons may have.’.

Mr Nick Gibb

Mrs Maria Miller

Mr John Hayes

Bill Wiggin

Not called  133

Clause  49,  page  31,  line  15,  leave out subsection (3).

Mr Nick Gibb

Mr John Hayes

Mrs Maria Miller

Bill Wiggin

Not called  379

Clause  49,  page  31,  line  16,  leave out ‘education’.

Mr Nick Gibb

Mrs Maria Miller

Mr John Hayes

Bill Wiggin

Not called  134

Clause  49,  page  31,  line  27,  leave out ‘a local authority’ and insert ‘the Young

People’s Learning Agency’.

Jim Knight

Mr Siôn Simon

Not selected  344

Page  31,  line  2,  leave out Clause 49.

Clause Agreed to.

Jim Knight

Mr Siôn Simon

Not selected  345

Page  32,  line  16,  leave out Clause 50.

Clause Agreed to.

Public Bill Committee Proceedings: 17 March 2009
30

Apprenticeships, Skills, Children and Learning Bill, continued

Mr David Laws

Stephen Williams

Annette Brooke

Withdrawn  125

Clause  51,  page  32,  line  43,  at end add—

‘( )
In section 509AB of the Education Act 1996 (c. 56) (further provision about

transport policy statement) after subsection (7) insert—

“(8)
In performing the duty to consult, an authority shall have regard to any

guidance issued by the Secretary of State concerning the timing and

manner of consultations under this section.

(9)
An authority shall make available to persons or bodies it proposes to

consult under this section such information as may be prescribed and is

in its possession or control; and it shall do so in such form and manner,

and at such time, as may be prescribed.”.’.

Clause Agreed to.

Clauses 52 and 53 Agreed to.

Jim Knight

Mr Siôn Simon

Agreed to  273

Clause  54,  page  35,  leave out lines 39 to 41.

Clause, as amended, Agreed to.

Clauses 55 and 56 Agreed to.

Jim Knight

Mr Siôn Simon

Agreed to  281

Schedule  2,  page  152,  line  30,  leave out from ‘(1)’ to end of line 31 and insert ‘after

“secondary education” insert “and, in the case of a local education authority in England,

further education,”’.

Jim Knight

Mr Siôn Simon

Agreed to  282

Schedule  2,  page  152,  line  34,  leave out from ‘persons’ to end of line and insert ‘—

(a)
who are over compulsory school age but under 19, or

(b)
who are aged 19 or over but under 25 and are subject to

learning difficulty assessment.

(4)
For the purposes of this Act a person is subject to learning difficulty

assessment if—

(a)
a learning difficulty assessment has been conducted in respect

of the person, or

Public Bill Committee Proceedings: 17 March 2009
31

Apprenticeships, Skills, Children and Learning Bill, continued

(b)
arrangements for a learning difficulty assessment to be

conducted in respect of the person have been made or are

required to be made.

(5)
In subsection (4), a “learning difficulty assessment” means an

assessment under section 139A or 140 of the Learning and Skills Act

2000 (assessments relating to learning difficulties).

(6)
For the purposes of subsection (1), persons who are subject to a

detention order are to be regarded as part of the population of the area

in which they are detained (and not any other area).”’.

Jim Knight

Mr Siôn Simon

Agreed to  348

Schedule  2,  page  153,  line  13,  after ‘functions’ insert ‘and their relevant training

functions’.

Jim Knight

Mr Siôn Simon

Agreed to  349

Schedule  2,  page  153,  line  16,  leave out ‘educational’ and insert ‘learning’.

Jim Knight

Mr Siôn Simon

Agreed to  283

Schedule  2,  page  153,  leave out lines 19 to 21.

Jim Knight

Mr Siôn Simon

Agreed to  350

Schedule  2,  page  154,  line  18,  leave out from ‘difficulty”)’ to end of line 19 and

insert ‘for “15A or 15B” substitute “15ZA, 15A, 15B or 18A”’.

Jim Knight

Mr Siôn Simon

Agreed to  351

Schedule  2,  page  154,  line  24,  at end insert—

‘
After section 569 insert—

“569A
Regulations made by Welsh Ministers under Chapter 5A

(1)
Any power of the Welsh Ministers to make regulations under Chapter

5A shall be exercised by statutory instrument.

(2)
A statutory instrument containing any such regulations made by the

Welsh Ministers shall be subject to annulment in pursuance of a

resolution of the National Assembly for Wales.

(3)
Any such regulations may make different provision for different cases,

circumstances or areas and may contain such incidental, supplemental,

saving or transitional provisions as the Welsh Ministers think fit.”


In section 579(1) (general interpretation)—

(a)
in the definition of “prescribed”, after ““prescribed”” insert “(except

in Chapter 5A)”;

Public Bill Committee Proceedings: 17 March 2009
32

Apprenticeships, Skills, Children and Learning Bill, continued

(b)
in the definition of “regulations”, after ““regulations”” insert “(except

in Chapter 5A)”.’.

Jim Knight

Mr Siôn Simon

Agreed to  284

Schedule  2,  page  154,  leave out lines 25 to 27 and insert—


‘In section 580 (index) insert the following entries at the appropriate places—

“relevant young adult (in sections
section 508F(8)”;

508F and 508G)

“relevant youth accommodation
section 562(1A)”;

“subject to a detention order
section 562(1A)”;

“subject to learning difficulty
section 13(4)”.’.

assessment

Jim Knight

Mr Siôn Simon

Agreed to  352

Schedule  2,  page  154,  line  27,  at end insert—

Education Act 2002 (c. 32)

‘
In section 207(2) of the Education Act 2002 (c. 32) (recoupment: adjustment

between local education authorities), for “primary education and secondary

education)” substitute “—

(a)
primary education;

(b)
secondary education;

(c)
education provided under section 562C of the Education Act

1996 (detention of persons with special educational needs:

appropriate special educational provision).”’.

Schedule, as amended, Agreed to.

Mr John Hayes

Mr Nick Gibb

Mrs Maria Miller

Bill Wiggin

Withdrawn  239

Clause  57,  page  37,  line  26,  leave out subsection (1) and insert—

‘(1)
There is to be a body which is part of the Skills Funding Agency known as the

Young Person Learning Agency for England.’.

Public Bill Committee Proceedings: 17 March 2009
33

Apprenticeships, Skills, Children and Learning Bill, continued

Mr Nick Gibb

Mr John Hayes

Mrs Maria Miller

Bill Wiggin

Not called  105

Clause  57,  page  37,  line  28,  at end insert—

‘(2A)
The YPLA is not permitted to employ more than 500 people in total.’.

Clause Agreed to.

Jim Knight

Mr Siôn Simon

Agreed to  319

Schedule  3,  page  155,  leave out lines 3 to 12 and insert—

‘(a)
between 6 and 16 members appointed by the Secretary of State (the

“ordinary members”), and

(b)
the chief executive of the YPLA.

      (2)
The Secretary of State must appoint one of the ordinary members to chair the

YPLA.’.

Mr David Laws

Stephen Williams

Annette Brooke

Not called  121

Schedule  3,  page  155,  line  5,  at end insert—

‘(d)
at least one principal or governor of a futher education college, and

(e)
at least one principal or governor of a sixth form college.’.

Jim Knight

Mr Siôn Simon

Agreed to  320

Schedule  3,  page  155,  line  13,  leave out second ‘a’ and insert ‘an ordinary’.

Jim Knight

Mr Siôn Simon

Agreed to  321

Schedule  3,  page  155,  line  13,  leave out ‘or the YPLA’.

Jim Knight

Mr Siôn Simon

Agreed to  322

Schedule  3,  page  155,  line  17,  leave out ‘members of the YPLA’ and insert ‘chair

and other ordinary members’.

Jim Knight

Mr Siôn Simon

Agreed to  323

Schedule  3,  page  155,  line  20,  leave out ‘A member of the YPLA’ and insert ‘The

chair and other ordinary members’.

Public Bill Committee Proceedings: 17 March 2009
34

Apprenticeships, Skills, Children and Learning Bill, continued

Jim Knight

Mr Siôn Simon

Agreed to  324

Schedule  3,  page  155,  line  22,  leave out ‘a member of the YPLA’ and insert ‘an

ordinary member’.

Jim Knight

Mr Siôn Simon

Agreed to  325

Schedule  3,  page  155,  line  27,  leave out ‘a member of the YPLA’ and insert ‘the

chair or another ordinary member’.

Jim Knight

Mr Siôn Simon

Agreed to  326

Schedule  3,  page  155,  line  28,  at end insert—

    ‘(5)
If the chair ceases to be an ordinary member, the person also ceases to be the

chair.’.

Jim Knight

Mr Siôn Simon

Agreed to  327

Schedule  3,  page  155,  line  31,  leave out ‘its’ and insert ‘the ordinary’.

Jim Knight

Mr Siôn Simon

Agreed to  328

Schedule  3,  page  155,  line  34,  leave out ‘member of the YPLA’ and insert

‘ordinary member’.

Jim Knight

Mr Siôn Simon

Agreed to  329

Schedule  3,  page  155,  line  35,  leave out ‘a member of the YPLA’ and insert ‘an

ordinary member’.

Jim Knight

Mr Siôn Simon

Agreed to  330

Schedule  3,  page  155,  line  40,  at end insert—

  ‘(A1)
The chief executive is to be appointed by the Secretary of State, on conditions

of service determined by the Secretary of State.’.

Jim Knight

Mr Siôn Simon

Agreed to  331

Schedule  3,  page  155,  line  41,  after ‘appoint’ insert ‘other members of’.

Jim Knight

Mr Siôn Simon

Agreed to  332

Schedule  3,  page  156,  line  1,  leave out sub-paragraph (2) and insert—