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Employee study and training: minor and consequential amendments |
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Employment Rights Act 1996 (c. 18) |
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1 | The Employment Rights Act 1996 is amended as follows. |
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2 | In section 48 (right to present complaint of detriment to employment |
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tribunal), in subsection (1) for “or 47E” substitute “, 47E or 47F”. |
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3 | In section 105 (unfair dismissal: redundancy), after subsection (7BA) |
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“(7BB) | This subsection applies if the reason (or, if more than one, the |
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principal reason) for which the employee was selected for dismissal |
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was one of those specified in section 104E.” |
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4 | In section 108(3) (exceptions to one year qualifying period of continuous |
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employment for claims for unfair dismissal), after paragraph (gj) insert— |
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“(gk) | section 104E applies,”. |
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5 | In section 194 (House of Lords staff), in subsection (2)(e) before “VII” insert |
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6 | In section 195 (House of Commons staff), in subsection (2)(e) before “VII” |
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7 | In section 199 (mariners)— |
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(a) | in subsection (2), after “47E,” insert “47F,”; |
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(b) | in that subsection, before “VII” insert “6A,”; |
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(c) | in subsection (8)(d), before “VII” insert “6A,”. |
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8 | In section 225 (how to calculate a week’s pay in relation to rights during |
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employment) after subsection (4A) insert— |
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“(4B) | Where the calculation is for the purposes of section 63J, the |
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calculation date is the day on which the section 63D application was |
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9 | In section 227(1) (maximum amount of week’s pay) before paragraph (za) |
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“(zza) | an award of compensation under section 63J(1)(b),”. |
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10 | In section 235(1) (other definitions) at the appropriate place insert— |
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““section 63D application” has the meaning given by section |
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Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52) |
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11 | The Trade Union and Labour Relations (Consolidation) Act 1992 is amended |
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12 | In section 212A (arbitration scheme for unfair dismissal cases etc.), in |
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(a) | before paragraph (za) insert— |
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“(zza) | section 63F(4), (5) or (6) or 63I(1)(b) of the |
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Employment Rights Act 1996 (study and training);” |
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(b) | in paragraph (za) for “the Employment Rights Act 1996” substitute |
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13 | In section 237(1A)(a) (cases where employee may complain of unfair |
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dismissal despite participation in unofficial industrial action)— |
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(a) | for “or 104D” substitute “, 104D or 104E”; |
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(b) | for “and pension scheme membership” substitute “, pension scheme |
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membership, and study and training”. |
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14 | In section 238(2A)(a) (cases where employment tribunal to determine |
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whether dismissal of an employee is unfair despite limitation in subsection |
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(a) | for “or 104D” substitute “, 104D or 104E”; |
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(b) | for “and pension scheme membership” substitute “, pension scheme |
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membership, and study and training”. |
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Employment Tribunals Act 1996 (c. 17) |
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15 | In section 18 of the Employment Tribunals Act 1996 (conciliation), in |
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subsection (1)(d) after “28,” insert “63F(4), (5) or (6), 63I(1)(b),”. |
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LEA functions: minor and consequential amendments |
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Education Act 1996 (c. 56) |
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1 | The Education Act 1996 is amended as follows. |
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2 (1) | Section 13 (general responsibility for education) is amended as follows. |
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(2) | In subsection (1) after “secondary education” insert “and, in the case of a |
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local education authority in England, further education,”. |
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(3) | After subsection (2) insert— |
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“(3) | The reference in subsection (1) to further education is to further |
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(a) | who are over compulsory school age but under 19, or |
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(b) | who are aged 19 or over but under 25 and are subject to |
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learning difficulty assessment. |
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(4) | For the purposes of this Act a person is subject to learning difficulty |
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(a) | a learning difficulty assessment has been conducted in |
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respect of the person, or |
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(b) | arrangements for a learning difficulty assessment to be |
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conducted in respect of the person have been made or are |
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(5) | In subsection (4), a “learning difficulty assessment” means an |
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assessment under section 139A or 140 of the Learning and Skills Act |
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2000 (assessments relating to learning difficulties). |
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(6) | For the purposes of subsection (1), persons who are subject to a |
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detention order are to be regarded as part of the population of the |
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area in which they are detained (and not any other area).” |
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3 | For section 13A substitute— |
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“13A | Duty to promote high standards and fulfilment of potential |
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(1) | A local education authority in England must ensure that their |
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relevant education functions and their relevant training functions |
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are (so far as they are capable of being so exercised) exercised by the |
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authority with a view to— |
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(a) | promoting high standards, |
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(b) | ensuring fair access to opportunity for education and |
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(c) | promoting the fulfilment of learning potential by every |
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person to whom this subsection applies. |
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(2) | Subsection (1) applies to the following— |
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(a) | persons under the age of 20; |
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(b) | persons aged 20 or over but under 25 who are subject to |
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learning difficulty assessment. |
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(3) | A local education authority in Wales must ensure that their relevant |
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education functions and their relevant training functions are (so far |
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as they are capable of being so exercised) exercised by the authority |
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(a) | promoting high standards, and |
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(b) | promoting the fulfilment of learning potential by every |
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person to whom this subsection applies. |
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(4) | Subsection (3) applies to persons under the age of 20. |
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“education” and “training” have the same meanings as in |
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“relevant education function”, in relation to a local education |
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authority in England, means a function relating to the |
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provision of education for— |
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(a) | persons of compulsory school age (whether at school |
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(b) | persons (whether at school or otherwise) who are |
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over compulsory school age and to whom subsection |
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(c) | persons who are under compulsory school age and |
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are registered as pupils at schools maintained by the |
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“relevant education function”, in relation to a local education |
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authority in Wales, means a function relating to the provision |
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(a) | persons of compulsory school age (whether at school |
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(b) | persons (whether at school or otherwise) who are |
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over compulsory school age but under the age of 20; |
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(c) | persons who are under compulsory school age and |
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are registered as pupils at schools maintained by the |
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“relevant training function” means a function relating to the |
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4 (1) | Section 15A (functions in respect of full-time education for 16 to 18 year olds) |
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(2) | In subsection (1) after “local education authority” insert “in Wales”. |
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(3) | After subsection (1) insert— |
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“(1ZA) | A local education authority in England may secure the provision for |
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their area of full-time or part-time education suitable to the |
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requirements of persons from other areas who are over compulsory |
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school age but have not attained the age of 19.” |
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(4) | In subsection (1A) for “subsection (1)” substitute “subsections (1) and |
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(5) | In subsection (3) for “section 13(5) and (6) of the Learning and Skills Act |
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2000” substitute “section 15ZA(7) and (8)”. |
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(6) | In the title for “Functions in respect of full-time education” substitute |
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“Powers in respect of education and training”. |
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5 | In section 15B (functions in respect of education for persons over 19) in |
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subsection (3) for “section 13(5) and (6) of the Learning and Skills Act 2000” |
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substitute “section 15ZA(7) and (8)”. |
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6 | In section 312(2) (when a child has a “learning difficulty”) for “15A or 15B” |
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substitute “15ZA, 15A, 15B or 18A”. |
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7 (1) | In the title of section 509AA, for “Provision” substitute “LEAs in England: |
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(2) | For the title of section 509AB substitute “LEAs in England: further provision |
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about transport policy statements for persons of sixth form age”. |
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(3) | In the title of section 509A, for “Travel” substitute “LEAs in England: travel”. |
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8 | After section 569 insert— |
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“569A | Regulations made by Welsh Ministers under Chapter 5A |
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(1) | Any power of the Welsh Ministers to make regulations under |
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Chapter 5A shall be exercised by statutory instrument. |
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(2) | A statutory instrument containing any such regulations made by the |
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Welsh Ministers shall be subject to annulment in pursuance of a |
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resolution of the National Assembly for Wales. |
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(3) | Any such regulations may make different provision for different |
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cases, circumstances or areas and may contain such incidental, |
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supplemental, saving or transitional provisions as the Welsh |
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9 | In section 579(1) (general interpretation)— |
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(a) | in the definition of “prescribed”, after ““prescribed”” insert “(except |
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(b) | in the definition of “regulations”, after ““regulations”” insert “(except |
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10 | In section 580 (index) insert the following entries at the appropriate places— |
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| “relevant young adult (in sections |
| | | | | | | | 15 | | “relevant youth accommodation |
| | | | | “subject to a detention order |
| | | | | “subject to learning difficulty |
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Education Act 2002 (c. 32) |
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11 | In section 207(2) of the Education Act 2002 (recoupment: adjustment |
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between local education authorities), for “primary education and secondary |
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education)” substitute “— |
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(c) | education provided under section 562C of the Education Act |
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1996 (detention of persons with special educational needs: |
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appropriate special educational provision).” |
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The Young People’s Learning Agency for England |
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1 (1) | The YPLA is not to be regarded— |
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(a) | as a servant or agent of the Crown, or |
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(b) | as enjoying any status, immunity or privilege of the Crown. |
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(2) | The YPLA’s property is not to be regarded— |
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(a) | as property of the Crown, or |
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(b) | as property held on behalf of the Crown. |
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2 (1) | The YPLA is to consist of— |
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(a) | between 6 and 16 members appointed by the Secretary of State (the |
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(b) | the chief executive of the YPLA. |
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(2) | The Secretary of State must appoint one of the ordinary members to chair the |
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(3) | In appointing a person as an ordinary member, the Secretary of State must |
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have regard to the desirability of appointing a person who has experience |
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relevant to any of the YPLA’s functions. |
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3 (1) | The chair and other ordinary members hold and vacate office in accordance |
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with the terms of their appointments, subject to the following provisions of |
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(2) | The chair and other ordinary members may resign from office at any time by |
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giving written notice to the Secretary of State. |
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(3) | The Secretary of State may remove an ordinary member from office on either |
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of the following grounds— |
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(a) | inability or unfitness to carry out the duties of the office; |
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(b) | absence from the YPLA’s meetings for a continuous period of more |
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than 6 months without the YPLA’s permission. |
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(4) | The previous appointment of a person as the chair or another ordinary |
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member does not affect the person’s eligibility for re-appointment. |
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(5) | If the chair ceases to be an ordinary member, the person also ceases to be the |
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Remuneration etc. of members |
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4 (1) | The YPLA may, and must if the Secretary of State requires it to do so, pay |
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remuneration, allowances and expenses to any of the ordinary members. |
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(2) | The YPLA may, and must if the Secretary of State requires it to do so, pay, |
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or make provision for the payment of, a pension, allowances or gratuities to |
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or in respect of a current or former ordinary member. |
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(3) | If a person ceases to be an ordinary member and the Secretary of State |
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decides that the person should be compensated because of special |
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circumstances, the YPLA must pay compensation to the person. |
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(4) | The amount of a payment under this paragraph is to be determined by the |
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5 (1) | The chief executive is to be appointed by the Secretary of State, on conditions |
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of service determined by the Secretary of State. |
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(2) | The YPLA may appoint other members of staff. |
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(3) | The conditions of service of the other members of the YPLA’s staff are to be |
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determined by the YPLA with the approval of the Secretary of State. |
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6 (1) | Employment with the YPLA is to be included among the kinds of |
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employment to which a scheme under section 1 of the Superannuation Act |
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1972 (c. 11) (superannuation schemes as respects civil servants, etc.) can |
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(2) | The YPLA must pay to the Minister for the Civil Service, at such times as the |
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Minister may direct, such sums as the Minister may determine in respect of |
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increases attributable to this paragraph in the sums payable under the |
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Superannuation Act 1972 out of money provided by Parliament. |
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(3) | Sub-paragraph (4) applies if a member of staff of the YPLA (“E”)— |
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(a) | is, by reference to employment with the YPLA, a participant in a |
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scheme under section 1 of the Superannuation Act 1972, and |
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(b) | is also a member of the YPLA. |
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(4) | The Secretary of State may determine that E’s service as a member of the |
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YPLA is to be treated for the purposes of the scheme as service as a member |
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of staff of the YPLA (whether or not any benefits are payable to or in respect |
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of E by virtue of paragraph 4(2)). |
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7 (1) | The YPLA may establish committees, and any committee established by the |
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YPLA may establish sub-committees. |
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(a) | dissolve a sub-committee established under sub-paragraph (1), or |
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(b) | alter the purposes for which such a sub-committee is established. |
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(3) | In this Schedule a committee or sub-committee established under sub- |
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paragraph (1) is referred to as a “YPLA committee”. |
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(4) | A YPLA committee may consist of or include persons who are not members |
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of the YPLA or the YPLA’s staff. |
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(5) | The YPLA may arrange for the payment of remuneration, allowances and |
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expenses to any person who— |
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(a) | is a member of a YPLA committee, but |
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(b) | is not a member of the YPLA or the YPLA’s staff. |
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(6) | The YPLA must keep under review— |
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(a) | the structure of YPLA committees, and |
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(b) | the scope of each YPLA committee’s activities. |
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8 (1) | The YPLA and any other person may establish a committee jointly. |
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(2) | In this Schedule a committee established under sub-paragraph (1) is referred |
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to as a “joint committee”. |
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(3) | A joint committee may establish sub-committees. |
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(4) | In this Schedule a sub-committee established under sub-paragraph (3) is |
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referred to as a “joint sub-committee”. |
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