Apprenticeships, Skills, Children and Learning Bill

House of Commons

Session 2008 - 09
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Other Bills before Parliament

Apprenticeships, Skills, Children and Learning Bill

Apprenticeships, Skills, Children and Learning Bill
Part 12 — Miscellaneous
150

(4)
In Schedule 2, after paragraph 6 insert—
“Insolvency: Northern Ireland
7     (1)
There shall not be treated as part of a bankrupt’s estate or claimed for
his estate under article 280 or 283 of the Insolvency (Northern
Ireland) Order 1989 any sums to which this paragraph applies that
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the bankrupt receives or is entitled to receive after the
commencement of the bankruptcy.
      (2)
No debt or liability to which a bankrupt is or may become subject in
respect of a sum to which this paragraph applies shall be included in
the bankrupt’s bankruptcy debts.
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      (3)
This paragraph applies to a sum by way of public sector student loan
or subsidised private sector student loan payable to the bankrupt
pursuant to an agreement entered into by the bankrupt before or
after the commencement of the bankruptcy.
8     (1)
This paragraph applies to a sum by way of public sector student loan
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or subsidised private sector student loan that a person (“the debtor”)
receives or is entitled to receive before or after a voluntary
arrangement under Part 8 of the Insolvency (Northern Ireland)
Order 1989 takes effect in respect of the debtor.
      (2)
The sum is to be ignored for the purposes of the voluntary
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arrangement.
9     (1)
Part 8 of the Insolvency (Northern Ireland) Order 1989 (individual
voluntary arrangements) has effect in relation to a student loan debt
with the following modifications.
      (2)
A student loan debt is to be treated as not included among the
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debtor’s debts.
      (3)
A person to whom a student loan debt is owed is to be treated as not
being one of the debtor’s creditors.
      (4)
A “student loan debt” is a debt or liability to which a debtor is or may
become subject in respect of a public sector student loan or
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subsidised private sector student loan.”
(5)
In section 4, for subsection (4) (extent) substitute—
“(4)
This Act does not extend to Northern Ireland, with the following
exceptions—
(a)
section 1, so far as necessary for the purpose of defining “public
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sector student loan” and “subsidised private sector student
loan”;
(b)
section 2;
(c)
as respects institutions in Northern Ireland, the power to make
regulations under paragraph 2 of Schedule 2;
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(d)
paragraphs 7 to 9 of Schedule 2.
(6)
Nothing in this section affects a voluntary arrangement that takes effect, or a
bankruptcy that commences, before this section comes into force.

Apprenticeships, Skills, Children and Learning Bill
Part 12 — Miscellaneous
151

Foundation degrees: Wales
251
Power to award foundation degrees: Wales
(1)
In section 76(1)(b) of the Further and Higher Education Act 1992 (c. 13) (power
of Privy Council to specify further education institutions in England that may
award foundation degrees) omit “in England”.
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(2)
Within the period of four years beginning with the commencement of
subsection (1) of this section, the Welsh Ministers must lay before the National
Assembly for Wales a report about its effect.
Complaints: Wales
252
Complaints: Wales
10
(1)
Section 29 of the Education Act 2002 (c. 32) (additional functions of governing
body) is amended as follows.
(2)
In subsection (1) after “maintained school” insert “in England”.
(3)
In subsection (2) for the words from “(in relation to England)” to the end
substitute “by the Secretary of State”.
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(4)
After subsection (2) insert—
“(2A)
The Welsh Ministers may make regulations establishing procedures in
relation to relevant complaints.
(2B)
For the purposes of subsection (2A), a “relevant complaint” is a
complaint which relates to a maintained school in Wales, or to the
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provision of facilities or services under section 27 by the governing
body of such a school, other than a complaint which falls to be dealt
with in accordance with any procedures required to be established in
relation to the school by virtue of a statutory provision other than this
section.
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(2C)
Where the Welsh Ministers establish procedures by regulations under
subsection (2A), the governing body of a maintained school in Wales
shall—
(a)
adopt the procedures, and
(b)
publicise them in the way specified in the regulations.
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(2D)
In adopting or publicising procedures established by virtue of
subsection (2A), the governing body shall have regard to any guidance
given from time to time by the Welsh Ministers.”
Local Government Act 1974
253
Local Government Act 1974: minor amendment
35
In paragraph 5(2) of Schedule 5 to the Local Government Act 1974 (c. 7)
(exclusion of matters relating to teaching etc. in any school maintained by local
authority), after “authority” insert “, except so far as relating to special
educational needs (within the meaning given by section 312 of the Education
Act 1996)”.
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Apprenticeships, Skills, Children and Learning Bill
Part 13 — General
152

Part 13
General
254
Orders and regulations
(1)
A power to make an order or regulations under Chapter 1 of Part 1, or Part 3
or 4—
5
(a)
so far as exercisable by the Secretary of State, the Welsh Ministers or the
Scottish Ministers, is exercisable by statutory instrument;
(b)
so far as exercisable by the Department for Employment and Learning
in Northern Ireland, is exercisable by statutory rule for the purposes of
the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I.
10
12).
(2)
Any other power of the Secretary of State to make an order or regulations
under this Act is exercisable by statutory instrument.
(3)
A power of the Secretary of State or the Welsh Ministers to make an order or
regulations under this Act (except a power conferred by section 15, 20 or 261)
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includes power—
(a)
to make different provision for different purposes (including different
areas);
(b)
to make provision generally or in relation to specific cases;
(c)
to make incidental, consequential, supplementary, transitional,
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transitory or saving provision.
(4)
An order under section 96 may amend or repeal any provision of, or in an
instrument made under, this or any other Act.
(5)
Subject to subsection (6), a statutory instrument containing an order or
regulations made by the Secretary of State under any provision of this Act
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(other than an order under section 37 or 261) is subject to annulment in
pursuance of a resolution of either House of Parliament.
(6)
A statutory instrument which contains (whether alone or with other provision)
any of the following may not be made unless a draft of the instrument has been
laid before, and approved by a resolution of, each House of Parliament—
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(a)
an order under section 94(8) or 96;
(b)
an order under section 86 or paragraph 9 of Schedule 5;
(c)
an order under section 128(5);
(d)
an order under section 213;
(e)
an order under section 242(2);
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(f)
an order under section 244(5);
(g)
an order under section 257 which amends or repeals any provision of
an Act.
(7)
A statutory instrument containing an order or regulations made by the Welsh
Ministers under Chapter 1 of Part 1 (other than an order under section 8) or
40
under section 66 or 104 is subject to annulment in pursuance of a resolution of
the National Assembly for Wales.
(8)
A statutory instrument containing an order made by the Scottish Ministers
under section 66 or 104 is subject to annulment in pursuance of a resolution of
the Scottish Parliament.
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Apprenticeships, Skills, Children and Learning Bill
Part 13 — General
153

(9)
A statutory rule containing an order made by the Department for Employment
and Learning in Northern Ireland under section 66 or 104 is to be subject to
negative resolution within the meaning of section 41(6) of the Interpretation
Act (Northern Ireland) 1954 (c. 33 (N.I.)) as if it were a statutory instrument
within the meaning of that Act.
5
(10)
If a draft of an instrument containing an order under paragraph 9 of Schedule
5 would, apart from this subsection, be treated for the purposes of the Standing
Orders of either House of Parliament as a hybrid instrument, it is to proceed in
that House as it if were not a hybrid instrument.
255
Directions
10
A direction given by the Secretary of State under this Act—
(a)
may be amended or revoked by the Secretary of State;
(b)
may make different provision for different purposes.
256
General interpretation of Act
(1)
In this Act, unless the context otherwise requires—
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“prescribed” means prescribed by regulations;
“regulations” means regulations made by the Secretary of State.
(2)
Subject to subsections (4) and (5), the Education Act 1996 (c. 56) and the
provisions of this Act specified in subsection (3) are to be construed as if those
provisions were contained in that Act.
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(3)
The provisions are—
(a)
Parts 3, 4 and 5;
(b)
Parts 7 and 8;
(c)
Chapter 4 of Part 10;
(d)
sections 241, 243 and 244.
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(4)
Section 562 of the Education Act 1996 (Act not to apply to certain persons
detained under order of a court) does not apply to functions of the Secretary of
State under Part 4.
(5)
If—
(a)
an expression is given a meaning for the purposes of a provision within
30
subsection (3) (its “local meaning”), and
(b)
that meaning is different from the meaning given to it for the purposes
of the Education Act 1996 (its “1996 Act meaning”),

the expression’s local meaning applies instead of its 1996 Act meaning.
(6)
Unless the context otherwise requires, a reference in this Act to—
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(a)
a community, foundation or voluntary school, or
(b)
a community or foundation special school,

is to such a school within the meaning of the School Standards and Framework
Act 1998 (c. 31).
257
Power to make consequential and transitional provision etc.
40
(1)
The Secretary of State may by order make—
(a)
such supplementary, incidental or consequential provision, or

Apprenticeships, Skills, Children and Learning Bill
Part 13 — General
154

(b)
such transitory, transitional or saving provision,

as the Secretary of State thinks appropriate for the general purposes, or any
particular purpose, of this Act or in consequence of, or for giving full effect to,
any provision made by this Act.
(2)
An order under this section may in particular—
5
(a)
provide for any provision of this Act which comes into force before
another provision made by or under this or any other Act has come into
force to have effect, until that other provision has come into force, with
specified modifications;
(b)
amend, repeal, revoke or otherwise modify any provision of—
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(i)
an Act passed before or in the same Session as this Act, or
(ii)
an instrument made under an Act before the passing of this Act.
(3)
Nothing in this section limits the powers conferred by section 254(3)(c) or
261(8)(b).
(4)
The amendments that may be made by virtue of subsection (2)(b) are in
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addition to those that are made by any other provision of this Act.
258
Repeals and revocations
Schedule 16 contains repeals and revocations (including repeals and
revocations of spent provisions).
259
Financial provisions
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(1)
There are to be paid out of money provided by Parliament—
(a)
any expenditure incurred by virtue of this Act by the Secretary of State,
(b)
any expenditure incurred by virtue of this Act by the Office of
Qualifications and Examinations Regulation, and
(c)
any increase attributable to this Act in the sums payable by virtue of
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any other Act out of money provided by Parliament.
(2)
Any sums received by the Secretary of State by virtue of Chapter 1 of Part 1,
section 76(3)(c), paragraph 18(3)(d) of Schedule 3 or paragraph 6(3)(d) of
Schedule 4 are to be paid into the Consolidated Fund.
260
Extent
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(1)
This Act extends to England and Wales only, subject to subsections (2) to (4).
(2)
Sections 39, 66, 67, 104, 105 and this Part also extend to Scotland.
(3)
Sections 66, 68, 104, 106, Part 7, sections 249 and 250 and this Part also extend
to Northern Ireland.
(4)
An amendment, repeal or revocation made by this Act has the same extent as
35
the provision to which it relates.
261
Commencement
(1)
This Part (except section 258) comes into force on the day on which this Act is
passed.

Apprenticeships, Skills, Children and Learning Bill
Part 13 — General
155

(2)
The following provisions of this Act come into force at the end of two months
beginning with the day on which this Act is passed—
(a)
section 56 (and the associated entries in Schedule 16);
(b)
sections 189 to 192.
(3)
The following provisions of this Act come into force on such day as the Welsh
5
Ministers may by order appoint—
(a)
sections 5 to 8;
(b)
sections 9 and 10, so far as relating to Wales;
(c)
sections 16 to 20;
(d)
sections 26 to 29;
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(e)
section 38, so far as relating to Wales;
(f)
sections 47 to 50, so far as relating to Wales;
(g)
paragraphs 11, 13 and 27 of Schedule 12, so far as relating to Wales (and
the associated entries in Schedule 16);
(h)
paragraphs 14 to 19 and 29 of Schedule 12 (and the associated entries in
15
Schedule 16);
(i)
section 186 so far as it relates to the paragraphs of Schedule 12
mentioned in paragraphs (g) and (h);
(j)
section 196 and Schedule 14;
(k)
section 251;
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(l)
section 252;
(m)
section 258, so far as it relates to the entries in Schedule 16 mentioned
in paragraphs (g) and (h).
(4)
The other provisions of this Act come into force on such day as the Secretary of
State may by order appoint.
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(5)
The Secretary of State must exercise the power conferred by subsection (4) so
as to secure that, subject to any provision made by virtue of subsection (8),
sections 89 to 97 and 102 are in force no later than the day after the day which
is the school leaving date for 2013.
(6)
Before making an order under subsection (4) bringing into force any provision
30
of Part 7 which confers functions on the Office of Qualifications and
Examinations Regulation in relation to Northern Ireland, the Secretary of State
must consult the Department for Employment and Learning in Northern
Ireland.
(7)
The powers conferred by this section are exercisable by statutory instrument.
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(8)
An order under this section may—
(a)
appoint different days for different purposes (including different
areas);
(b)
contain transitional, transitory or saving provision in connection with
the coming into force of this Act.
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262
Short title
(1)
This Act may be cited as the Apprenticeships, Skills, Children and Learning
Act 2009.
(2)
This Act is to be included in the list of Education Acts set out in section 578 of
the Education Act 1996 (c. 56).
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