House of Commons Public Bill Committee Proceedings

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

Public Bill Committee Proceedings: 26 March 2009
89

Apprenticeships, Skills, Children and Learning Bill, continued

(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;

“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.”’.

Public Bill Committee Proceedings: 26 March 2009
90

Apprenticeships, Skills, Children and Learning Bill, continued

Jim Knight

Mr Siôn Simon

Agreed to  508

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

and 32C’.

Jim Knight

Mr Siôn Simon

Agreed to  509

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

person’.

Jim Knight

Mr Siôn Simon

Agreed to  510

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

Jim Knight

Mr Siôn Simon

Agreed to  511

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

review’.

Jim Knight

Mr Siôn Simon

Agreed to  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.

(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.”’.

Jim Knight

Mr Siôn Simon

Agreed to  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

Public Bill Committee Proceedings: 26 March 2009
91

Apprenticeships, Skills, Children and Learning Bill, continued

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

comes into force”.’.

Jim Knight

Mr Siôn Simon

Agreed to  514

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


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

Jim Knight

Mr Siôn Simon

Agreed to  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”.’.

Schedule, as amended, Agreed to.

Mr Nick Gibb

Mr John Hayes

Mrs Maria Miller

Bill Wiggin

Negatived on division  75

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

Mr David Laws

Stephen Williams

Annette Brooke

Not called  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

Not called  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.’.

Public Bill Committee Proceedings: 26 March 2009
92

Apprenticeships, Skills, Children and Learning Bill, continued

Mr Nick Gibb

Mr John Hayes

Mrs Maria Miller

Bill Wiggin

Withdrawn  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.’.

Clause Agreed to.

Mrs Maria Miller

Mr John Hayes

Mr Nick Gibb

Bill Wiggin

Not selected  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;

(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

Negatived on division  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

Not called  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

Not selected  189

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

relevant young persons in the area of the authority’.

Public Bill Committee Proceedings: 26 March 2009
93

Apprenticeships, Skills, Children and Learning Bill, continued

Mr David Laws

Stephen Williams

Annette Brooke

Withdrawn  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

Withdrawn  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.’.

Mrs Maria Miller

Mr John Hayes

Mr Nick Gibb

Bill Wiggin

Not called  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.’.

Clause Agreed to.

Mrs Maria Miller

Mr Nick Gibb

Mr John Hayes

Bill Wiggin

Not selected  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.’.

Public Bill Committee Proceedings: 26 March 2009
94

Apprenticeships, Skills, Children and Learning Bill, continued

Mrs Maria Miller

Mr Nick Gibb

Mr John Hayes

Bill Wiggin

Withdrawn  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

Withdrawn  424

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

Mrs Maria Miller

Mr Nick Gibb

Mr John Hayes

Bill Wiggin

Withdrawn  401

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

Mrs Maria Miller

Mr Nick Gibb

Mr John Hayes

Bill Wiggin

Not called  405

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

Mrs Maria Miller

Mr Nick Gibb

Mr John Hayes

Bill Wiggin

Not called  406

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

Mrs Maria Miller

Mr Nick Gibb

Mr John Hayes

Bill Wiggin

Withdrawn  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).’.

Public Bill Committee Proceedings: 26 March 2009
95

Apprenticeships, Skills, Children and Learning Bill, continued

Mrs Maria Miller

Mr Nick Gibb

Mr John Hayes

Bill Wiggin

Not called  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.’.

Clause Agreed to.

Mrs Maria Miller

Mr Nick Gibb

Mr John Hayes

Bill Wiggin

Withdrawn  400

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

‘98ZA
Unified system of inspection

The Chief Inspector must establish one inspection programme to include—

(a)
childcare provision,

(b)
early years learning,

(c)
other services provided by children’s centres.’.

Mrs Maria Miller

Mr Nick Gibb

Mr John Hayes

Bill Wiggin

Withdrawn  407

Clause  187,  page  106,  line  9,  after ‘the’, insert ‘health and’.

Mrs Maria Miller

Mr Nick Gibb

Mr John Hayes

Bill Wiggin

Not called  408

Clause  187,  page  106,  line  9,  at end insert—

‘(d)
raising the achievements of disadvantaged children as defined in the

relevant Children’s Trust Board’s Children and Young People’s Plan.’.

Clause Agreed to.