Apprenticeships, Skills, Children and Learning Bill

House of Commons

Session 2008 - 09
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Apprenticeships, Skills, Children and Learning Bill

156
Apprenticeships, Skills, Children and Learning Bill
Schedule 1 — Employee study and training: minor and consequential amendments

Schedules
Schedule 1
Section 39

Employee study and training: minor and consequential amendments
Employment Rights Act 1996 (c. 18)
1
The Employment Rights Act 1996 is amended as follows.
5
2
In section 48 (right to present complaint of detriment to employment
tribunal), in subsection (1) for “or 47E” substitute “, 47E or 47F”.
3
In section 105 (unfair dismissal: redundancy), after subsection (7BA)
insert—
“(7BB)
This subsection applies if the reason (or, if more than one, the
10
principal reason) for which the employee was selected for dismissal
was one of those specified in section 104E.”
4
In section 108(3) (exceptions to one year qualifying period of continuous
employment for claims for unfair dismissal), after paragraph (gj) insert—
“(gk)
section 104E applies,”.
15
5
In section 194 (House of Lords staff), in subsection (2)(e) before “VII” insert
“6A,”.
6
In section 195 (House of Commons staff), in subsection (2)(e) before “VII”
insert “6A,”.
7
In section 199 (mariners)—
20
(a)
in subsection (2), after “47E,” insert “47F,”;
(b)
in that subsection, before “VII” insert “6A,”;
(c)
in subsection (8)(d), before “VII” insert “6A,”.
8
In section 225 (how to calculate a week’s pay in relation to rights during
employment) after subsection (4A) insert—
25
“(4B)
Where the calculation is for the purposes of section 63J, the
calculation date is the day on which the section 63D application was
made.”
9
In section 227(1) (maximum amount of week’s pay) before paragraph (za)
insert—
30
“(zza)
an award of compensation under section 63J(1)(b),”.
10
In section 235(1) (other definitions) at the appropriate place insert—
““section 63D application” has the meaning given by section
63D(2);”.

Apprenticeships, Skills, Children and Learning Bill
Schedule 2 — LEA functions: minor and consequential amendments
157

Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52)
11
The Trade Union and Labour Relations (Consolidation) Act 1992 is amended
as follows.
12
In section 212A (arbitration scheme for unfair dismissal cases etc.), in
subsection (1)—
5
(a)
before paragraph (za) insert—
“(zza)
section 63F(4), (5) or (6) or 63I(1)(b) of the
Employment Rights Act 1996 (study and training);”
(b)
in paragraph (za) for “the Employment Rights Act 1996” substitute
“that Act”.
10
13
In section 237(1A)(a) (cases where employee may complain of unfair
dismissal despite participation in unofficial industrial action)—
(a)
for “or 104D” substitute “, 104D or 104E”;
(b)
for “and pension scheme membership” substitute “, pension scheme
membership, and study and training”.
15
14
In section 238(2A)(a) (cases where employment tribunal to determine
whether dismissal of an employee is unfair despite limitation in subsection
(2) of that section)—
(a)
for “or 104D” substitute “, 104D or 104E”;
(b)
for “and pension scheme membership” substitute “, pension scheme
20
membership, and study and training”.
Employment Tribunals Act 1996 (c. 17)
15
In section 18 of the Employment Tribunals Act 1996 (conciliation), in
subsection (1)(d) after “28,” insert “63F(4), (5) or (6), 63I(1)(b),”.
Schedule 2
25
Section 57

LEA functions: minor and consequential amendments
Education Act 1996 (c. 56)
1
The Education Act 1996 is amended as follows.
2     (1)
Section 13 (general responsibility for education) is amended as follows.
      (2)
In subsection (1) after “secondary education” insert “and, in the case of a
30
local education authority in England, further education,”.
      (3)
After subsection (2) insert—
“(3)
The reference in subsection (1) to further education is to further
education for persons—
(a)
who are over compulsory school age but under 19, or
35
(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—

Apprenticeships, Skills, Children and Learning Bill
Schedule 2 — LEA functions: minor and consequential amendments
158

(a)
a learning difficulty assessment has been conducted in
respect of the person, or
(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
(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
10
area in which they are detained (and not any other area).”
3
For section 13A substitute—
“13A
Duty to promote high standards and fulfilment of potential
(1)
A local education authority in England must ensure that their
relevant education functions and their relevant training functions
15
are (so far as they are capable of being so exercised) exercised by the
authority with a view to—
(a)
promoting high standards,
(b)
ensuring fair access to opportunity for education and
training, and
20
(c)
promoting the fulfilment of learning potential by every
person to whom this subsection applies.
(2)
Subsection (1) applies to the following—
(a)
persons under the age of 20;
(b)
persons aged 20 or over but under 25 who are subject to
25
learning difficulty assessment.
(3)
A local education authority in Wales must ensure that their relevant
education functions and their relevant training functions are (so far
as they are capable of being so exercised) exercised by the authority
with a view to—
30
(a)
promoting high standards, and
(b)
promoting the fulfilment of learning potential by every
person to whom this subsection applies.
(4)
Subsection (3) applies to persons under the age of 20.
(5)
In this section—
35
“education” and “training” have the same meanings as in
section 15ZA;
“relevant education function”, in relation to a local education
authority in England, means a function relating to the
provision of education for—
40
(a)
persons of compulsory school age (whether at school
or otherwise);
(b)
persons (whether at school or otherwise) who are
over compulsory school age and to whom subsection
(1) applies;
45

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Schedule 2 — LEA functions: minor and consequential amendments
159

(c)
persons who are under compulsory school age and
are registered as pupils at schools maintained by the
authority;
“relevant education function”, in relation to a local education
authority in Wales, means a function relating to the provision
5
of education for—
(a)
persons of compulsory school age (whether at school
or otherwise);
(b)
persons (whether at school or otherwise) who are
over compulsory school age but under the age of 20;
10
(c)
persons who are under compulsory school age and
are registered as pupils at schools maintained by the
authority;
“relevant training function” means a function relating to the
provision of training.”
15
4     (1)
Section 15A (functions in respect of full-time education for 16 to 18 year olds)
is amended as follows.
      (2)
In subsection (1) after “local education authority” insert “in Wales”.
      (3)
After subsection (1) insert—
“(1ZA)
A local education authority in England may secure the provision for
20
their area of full-time or part-time education suitable to the
requirements of persons from other areas who are over compulsory
school age but have not attained the age of 19.”
      (4)
In subsection (1A) for “subsection (1)” substitute “subsections (1) and
(1ZA)”.
25
      (5)
In subsection (3) for “section 13(5) and (6) of the Learning and Skills Act
2000” substitute “section 15ZA(7) and (8)”.
      (6)
In the title for “Functions in respect of full-time education” substitute
“Powers in respect of education and training”.
5
In section 15B (functions in respect of education for persons over 19) in
30
subsection (3) for “section 13(5) and (6) of the Learning and Skills Act 2000”
substitute “section 15ZA(7) and (8)”.
6
In section 312(2) (when a child has a “learning difficulty”) for “15A or 15B”
substitute “15ZA, 15A, 15B or 18A”.
7     (1)
In the title of section 509AA, for “Provision” substitute “LEAs in England:
35
provision”.
      (2)
For the title of section 509AB substitute “LEAs in England: further provision
about transport policy statements for persons of sixth form age”.
      (3)
In the title of section 509A, for “Travel” substitute “LEAs in England: travel”.
8
After section 569 insert—
40
“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.

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(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,
5
supplemental, saving or transitional provisions as the Welsh
Ministers think fit.”
9
In section 579(1) (general interpretation)—
(a)
in the definition of “prescribed”, after ““prescribed”” insert “(except
in Chapter 5A)”;
10
(b)
in the definition of “regulations”, after ““regulations”” insert “(except
in Chapter 5A)”.
10
In section 580 (index) insert the following entries at the appropriate places—

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

508F and 508G)

15

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

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

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

assessment

Education Act 2002 (c. 32)
20
11
In section 207(2) of the Education Act 2002 (recoupment: adjustment
between local education authorities), for “primary education and secondary
education)” substitute “—
(a)
primary education;
(b)
secondary education;
25
(c)
education provided under section 562C of the Education Act
1996 (detention of persons with special educational needs:
appropriate special educational provision).”
Schedule 3
Section 58

The Young People’s Learning Agency for England
30
Status
1     (1)
The YPLA is not to be regarded—
(a)
as a servant or agent of the Crown, or
(b)
as enjoying any status, immunity or privilege of the Crown.
      (2)
The YPLA’s property is not to be regarded—
35
(a)
as property of the Crown, or
(b)
as property held on behalf of the Crown.

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Membership
2     (1)
The YPLA is to consist of—
(a)
between 6 and 16 members appointed by the Secretary of State (the
“ordinary members”), and
(b)
the chief executive of the YPLA.
5
      (2)
The Secretary of State must appoint one of the ordinary members to chair the
YPLA.
      (3)
In appointing a person as an ordinary member, the Secretary of State must
have regard to the desirability of appointing a person who has experience
relevant to any of the YPLA’s functions.
10
Tenure
3     (1)
The chair and other ordinary members hold and vacate office in accordance
with the terms of their appointments, subject to the following provisions of
this Schedule.
      (2)
The chair and other ordinary members may resign from office at any time by
15
giving written notice to the Secretary of State.
      (3)
The Secretary of State may remove an ordinary member from office on either
of the following grounds—
(a)
inability or unfitness to carry out the duties of the office;
(b)
absence from the YPLA’s meetings for a continuous period of more
20
than 6 months without the YPLA’s permission.
      (4)
The previous appointment of a person as the chair or another ordinary
member does not affect the person’s eligibility for re-appointment.
      (5)
If the chair ceases to be an ordinary member, the person also ceases to be the
chair.
25
Remuneration etc. of members
4     (1)
The YPLA may, and must if the Secretary of State requires it to do so, pay
remuneration, allowances and expenses to any of the ordinary members.
      (2)
The YPLA may, and must if the Secretary of State requires it to do so, pay,
or make provision for the payment of, a pension, allowances or gratuities to
30
or in respect of a current or former ordinary member.
      (3)
If a person ceases to be an ordinary member and the Secretary of State
decides that the person should be compensated because of special
circumstances, the YPLA must pay compensation to the person.
      (4)
The amount of a payment under this paragraph is to be determined by the
35
Secretary of State.
Staff
5     (1)
The chief executive is to be appointed by the Secretary of State, on conditions
of service determined by the Secretary of State.
      (2)
The YPLA may appoint other members of staff.
40

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      (3)
The conditions of service of the other members of the YPLA’s staff are to be
determined by the YPLA with the approval of the Secretary of State.
6     (1)
Employment with the YPLA is to be included among the kinds of
employment to which a scheme under section 1 of the Superannuation Act
1972 (c. 11) (superannuation schemes as respects civil servants, etc.) can
5
apply.
      (2)
The YPLA must pay to the Minister for the Civil Service, at such times as the
Minister may direct, such sums as the Minister may determine in respect of
increases attributable to this paragraph in the sums payable under the
Superannuation Act 1972 out of money provided by Parliament.
10
      (3)
Sub-paragraph (4) applies if a member of staff of the YPLA (“E”)—
(a)
is, by reference to employment with the YPLA, a participant in a
scheme under section 1 of the Superannuation Act 1972, and
(b)
is also a member of the YPLA.
      (4)
The Secretary of State may determine that E’s service as a member of the
15
YPLA is to be treated for the purposes of the scheme as service as a member
of staff of the YPLA (whether or not any benefits are payable to or in respect
of E by virtue of paragraph 4(2)).
Committees
7     (1)
The YPLA may establish committees, and any committee established by the
20
YPLA may establish sub-committees.
      (2)
The YPLA may—
(a)
dissolve a sub-committee established under sub-paragraph (1), or
(b)
alter the purposes for which such a sub-committee is established.
      (3)
In this Schedule a committee or sub-committee established under sub-
25
paragraph (1) is referred to as a “YPLA committee”.
      (4)
A YPLA committee may consist of or include persons who are not members
of the YPLA or the YPLA’s staff.
      (5)
The YPLA may arrange for the payment of remuneration, allowances and
expenses to any person who—
30
(a)
is a member of a YPLA committee, but
(b)
is not a member of the YPLA or the YPLA’s staff.
      (6)
The YPLA must keep under review—
(a)
the structure of YPLA committees, and
(b)
the scope of each YPLA committee’s activities.
35
8     (1)
The YPLA and any other person may establish a committee jointly.
      (2)
In this Schedule a committee established under sub-paragraph (1) is referred
to as a “joint committee”.
      (3)
A joint committee may establish sub-committees.
      (4)
In this Schedule a sub-committee established under sub-paragraph (3) is
40
referred to as a “joint sub-committee”.