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Apprenticeships, Skills, Children and Learning Bill


Apprenticeships, Skills, Children and Learning Bill
Schedule 3 — The Young People’s Learning Agency for England

163

 

      (5)  

The YPLA may arrange for the payment of remuneration, allowances and

expenses to any person who—

(a)   

is a member of a joint committee or joint sub-committee, but

(b)   

is not a member of the YPLA or the YPLA’s staff.

Procedure etc.

5

9     (1)  

The YPLA may regulate—

(a)   

its own proceedings (including quorum), and

(b)   

the procedure (including quorum) of YPLA committees.

      (2)  

A joint committee may regulate—

(a)   

its own procedure (including quorum), and

10

(b)   

the procedure (including quorum) of any sub-committee established

by it.

      (3)  

The validity of proceedings of the YPLA, or of a YPLA committee, joint

committee or joint sub-committee, is not affected by—

(a)   

a vacancy;

15

(b)   

a defective appointment.

10    (1)  

The following have the right to attend meetings of the YPLA, and of YPLA

committees, joint committees and joint sub-committees—

(a)   

the Secretary of State;

(b)   

a representative of the Secretary of State.

20

      (2)  

A person attending a meeting of the YPLA, or of a YPLA committee, joint

committee or joint sub-committee under sub-paragraph (1) may take part in

its deliberations (but not its decisions).

      (3)  

If a person with a right to attend a meeting of the YPLA, or of a YPLA

committee, joint committee or joint sub-committee requests it, the YPLA

25

must provide the person with all information relating to the meeting that—

(a)   

has been distributed to the members of the YPLA, or of the YPLA

committee, joint committee or joint sub-committee, and

(b)   

is likely to be needed by the person in order to take part in the

meeting.

30

Delegation

11    (1)  

The YPLA may delegate any of its functions to—

(a)   

the chair or the chief executive;

(b)   

a committee established by the YPLA;

(c)   

a joint committee.

35

      (2)  

If a function is delegated to the chair, the chair may delegate the function to

any of the other ordinary members or the chief executive.

      (3)  

If a function is delegated to the chief executive, the chief executive may

delegate the function to a member of the YPLA’s staff.

      (4)  

A function is delegated under this paragraph to the extent and on the terms

40

that the person delegating it determines.

12    (1)  

A committee established by the YPLA or a joint committee may delegate any

of its functions to a sub-committee established by it.

 
 

Apprenticeships, Skills, Children and Learning Bill
Schedule 3 — The Young People’s Learning Agency for England

164

 

      (2)  

A function is delegated under this paragraph to the extent and on the terms

that the committee determines.

      (3)  

The power of a committee established by the YPLA to delegate a function

under this paragraph, and to determine the extent and terms of the

delegation, are subject to the YPLA’s powers to direct what a committee

5

established by it may and may not do.

      (4)  

The power of a joint committee to delegate a function under this paragraph,

and to determine the extent and terms of the delegation, are subject to the

power of the YPLA and any other person with whom the YPLA established

the committee to direct (acting jointly) what the committee may and may not

10

do.

Plans

13    (1)  

The YPLA must make and publish a plan for each academic year.

      (2)  

The YPLA’s plan for an academic year must be published before the start of

the academic year.

15

      (3)  

The YPLA’s plan for an academic year must include—

(a)   

the YPLA’s proposals as to how it intends to achieve in that year any

objectives for the year set out in directions under section 73 or grant

conditions;

(b)   

the YPLA’s proposals as to how it proposes to use its grant funding

20

for the year.

      (4)  

In this paragraph—

“academic year” means—

(a)   

the period beginning on the day on which section 58 comes

into force and ending on the following 31 August;

25

(b)   

each successive period of 12 months;

“grant conditions” mean conditions to which a grant under paragraph

18 is subject;

“grant funding” means a grant under that paragraph.

Reports

30

14    (1)  

As soon as reasonably practicable after the end of each reporting period the

YPLA must prepare an annual report for the period.

      (2)  

The annual report must state how the YPLA has performed its functions in

the reporting period.

      (3)  

The YPLA must send a copy of each annual report to the Secretary of State.

35

      (4)  

The Secretary of State must lay before Parliament a copy of each report

received under sub-paragraph (3) and arrange for it to be published.

      (5)  

In this paragraph “reporting period” means—

(a)   

the period specified by the Secretary of State in a direction given to

the YPLA;

40

(b)   

each successive period of 12 months.

 
 

Apprenticeships, Skills, Children and Learning Bill
Schedule 3 — The Young People’s Learning Agency for England

165

 

Accounts

15    (1)  

The YPLA must—

(a)   

keep proper accounts and proper records in relation to the accounts,

and

(b)   

prepare annual accounts in respect of each financial year.

5

      (2)  

The annual accounts must comply with any directions given by the

Secretary of State as to—

(a)   

the information to be contained in them,

(b)   

the manner in which the information contained in them is to be

presented, or

10

(c)   

the methods and principles according to which the annual accounts

are to be prepared.

      (3)  

Before the end of the month of August next following each financial year, the

YPLA must send copies of the annual accounts for the year to—

(a)   

the Secretary of State, and

15

(b)   

the Comptroller and Auditor General.

      (4)  

The Comptroller and Auditor General must—

(a)   

examine, certify and report on the annual accounts, and

(b)   

give a copy of the report to the Secretary of State.

      (5)  

The Secretary of State must lay before Parliament—

20

(a)   

a copy of any annual accounts received under sub-paragraph (3), and

(b)   

a copy of each report received under sub-paragraph (4).

      (6)  

In this paragraph “financial year” means—

(a)   

the period specified by the Secretary of State in a direction given to

the YPLA;

25

(b)   

each successive period of 12 months.

Documents

16         

The application of the YPLA’s seal is authenticated by the signatures of—

(a)   

the chair or another person authorised (generally or specifically) for

that purpose by the YPLA, and

30

(b)   

one other member of the YPLA.

17         

Any document purporting to be an instrument made or issued by or on

behalf of the YPLA, and to be duly executed by a person authorised by the

YPLA in that behalf—

(a)   

is to be received in evidence, and

35

(b)   

is to be taken to be made or issued in that way, unless the contrary is

shown.

Funding

18    (1)  

The Secretary of State may make grants to the YPLA for the purposes of any

of its functions.

40

      (2)  

Grants to the YPLA under this paragraph are to be made at such times and

subject to such conditions (if any) as the Secretary of State thinks

appropriate.

 
 

Apprenticeships, Skills, Children and Learning Bill
Schedule 3 — The Young People’s Learning Agency for England

166

 

      (3)  

Conditions to which a grant is subject may (in particular)—

(a)   

set the YPLA’s budget for any financial year;

(b)   

require the YPLA to use the grant for specified purposes;

(c)   

require the YPLA to comply with specified requirements in respect

of persons or persons of a specified description in securing the

5

provision of specified financial resources to such persons;

(d)   

enable repayment (in whole or part) to be required of sums paid by

the Secretary of State if any condition subject to which the grant was

made is not complied with;

(e)   

require the payment of interest in respect of any period during which

10

a sum due to the Secretary of State in accordance with any condition

remains unpaid.

      (4)  

Requirements which may be imposed under sub-paragraph (3)(c) include in

particular requirements that, if the YPLA provides specified financial

resources, it is to impose specified conditions.

15

      (5)  

The Secretary of State may not impose conditions which relate to the YPLA’s

securing of the provision of financial resources to a particular person or

persons.

Supplementary powers

19    (1)  

The YPLA may do anything that it considers necessary or appropriate for

20

the purposes of, or in connection with, its functions.

      (2)  

The power in sub-paragraph (1) is subject to any restrictions imposed by or

under any provision of any Act.

      (3)  

The YPLA may not borrow money.

      (4)  

The YPLA may not do any of the following without the consent of the

25

Secretary of State—

(a)   

lend money;

(b)   

form, participate in forming or invest in a company;

(c)   

form, participate in forming or otherwise become a member of a

charitable incorporated organisation (within the meaning of section

30

69A of the Charities Act 1993 (c. 10)).

      (5)  

In sub-paragraph (4)(b) the reference to investing in a company includes a

reference to—

(a)   

becoming a member of the company, and

(b)   

investing in it by the acquisition of any assets, securities or rights or

35

otherwise.

Parliamentary Commissioner Act 1967 (c. 13)

20         

In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc.

subject to investigation) at the appropriate place insert—

“The Young People’s Learning Agency.”

40

House of Commons Disqualification Act 1975 (c. 24)

21         

In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975

 
 

Apprenticeships, Skills, Children and Learning Bill
Schedule 4 — The Chief Executive of Skills Funding

167

 

(other disqualifying offices) at the appropriate place insert—

“Any member of the Young People’s Learning Agency for England in

receipt of remuneration.”

Superannuation Act 1972 (c. 11)

22         

In Schedule 1 to the Superannuation Act 1972 (kinds of employment, etc,

5

referred to in section 1 of that Act) under the heading “Other bodies”

insert—

“The Young People’s Learning Agency for England”.

Schedule 4

Section 79

 

The Chief Executive of Skills Funding

10

Status

1     (1)  

The Chief Executive is to perform the functions of the office on behalf of the

Crown.

      (2)  

The person for the time being holding the office of Chief Executive is by the

name of that office to be a corporation sole.

15

Tenure of office and terms of appointment

2     (1)  

The Secretary of State may remove the Chief Executive from office on the

grounds of inability or unfitness to carry out the functions of the office.

      (2)  

The Chief Executive may resign at any time by giving written notice to the

Secretary of State.

20

      (3)  

Otherwise, the Chief Executive holds and vacates office in accordance with

the terms of appointment to that office (which may include provision for

dismissal).

      (4)  

Service as Chief Executive is to be service in the civil service of the State.

Staff

25

3     (1)  

The Chief Executive may appoint staff.

      (2)  

Service as a member of the Chief Executive’s staff is to be service in the civil

service of the State.

      (3)  

Subject to sub-paragraph (2), the conditions of service of the staff appointed

by the Chief Executive are to be determined by the Chief Executive.

30

Delegation

4     (1)  

The Chief Executive may delegate any of the functions of the office to—

(a)   

to a member of the Chief Executive’s staff appointed under

paragraph 3, or

(b)   

to a member of staff provided to the Chief Executive by the Secretary

35

of State under arrangements under paragraph 5.

 
 

Apprenticeships, Skills, Children and Learning Bill
Schedule 4 — The Chief Executive of Skills Funding

168

 

      (2)  

Any delegation under sub-paragraph (1) is to be to the extent, and on terms,

that the Chief Executive determines.

      (3)  

This paragraph is subject to section 80.

Arrangements with Secretary of State

5          

The Secretary of State and the Chief Executive may enter into arrangements

5

with each other for the provision to the Chief Executive by the Secretary of

State, on such terms as may be agreed, of staff, accommodation or services.

Funding

6     (1)  

The Secretary of State may make grants to the Chief Executive.

      (2)  

Grants to the Chief Executive are to be made at such times and subject to

10

such conditions (if any) as the Secretary of State thinks appropriate.

      (3)  

Conditions to which a grant is subject may—

(a)   

set the Chief Executive’s budget for any financial year;

(b)   

require the Chief Executive to use the grant for specified purposes;

(c)   

require the Chief Executive to comply with specified requirements in

15

respect of persons or persons of a specified description in securing

the provision of specified financial resources to such persons;

(d)   

enable repayment (in whole or part) to be required of sums paid by

the Secretary of State if any condition subject to which the grant was

made is not complied with;

20

(e)   

require the payment of interest in respect of any period during which

a sum due to the Secretary of State in accordance with any condition

remains unpaid.

      (4)  

Requirements which may be imposed under sub-paragraph (3)(c) include in

particular requirements that, if the Chief Executive provides specified

25

financial resources, the Chief Executive is to impose specified conditions.

Reports

7     (1)  

As soon as reasonably practicable after the end of each financial year the

Chief Executive must prepare an annual report for the financial year.

      (2)  

The annual report must state how the Chief Executive has performed the

30

functions of the office in the financial year.

      (3)  

The Chief Executive must send a copy of each report prepared under sub-

paragraph (1) to the Secretary of State.

      (4)  

The Secretary of State must lay before Parliament a copy of each report

received under sub-paragraph (3) and arrange for it to be published.

35

      (5)  

The Chief Executive may—

(a)   

prepare other reports on matters relating to the functions of the

office, and

(b)   

must send a copy of each report prepared under paragraph (a) to the

Secretary of State.

40

 
 

Apprenticeships, Skills, Children and Learning Bill
Schedule 4 — The Chief Executive of Skills Funding

169

 

Accounts

8     (1)  

The Chief Executive must—

(a)   

keep proper accounts and proper records in relation to the accounts,

and

(b)   

prepare annual accounts in respect of each financial year.

5

      (2)  

The annual accounts must comply with any directions given by the

Secretary of State with the approval of the Treasury as to—

(a)   

the information to be contained in them,

(b)   

the manner in which the information contained in them is to be

presented, or

10

(c)   

the methods and principles according to which the annual accounts

are to be prepared.

      (3)  

Before the end of the month of August next following each financial year, the

Chief Executive must send copies of the annual accounts for the year to—

(a)   

the Secretary of State, and

15

(b)   

the Comptroller and Auditor General.

      (4)  

The Comptroller and Auditor General must—

(a)   

examine, certify and report on the annual accounts, and

(b)   

give a copy of the report to the Secretary of State.

      (5)  

The Secretary of State must lay before Parliament—

20

(a)   

a copy of any annual accounts received under sub-paragraph (3), and

(b)   

a copy of each report received under sub-paragraph (4).

Supplementary powers

9     (1)  

The Chief Executive may do anything that the Chief Executive considers

necessary or appropriate for the purposes of, or in connection with, the

25

functions of the office.

      (2)  

The power in sub-paragraph (1) is subject to any restrictions imposed by or

under any provision of any Act.

      (3)  

The Chief Executive may not borrow money.

      (4)  

The Chief Executive may not do any of the following without the consent of

30

the Secretary of State—

(a)   

lend money;

(b)   

form, participate in forming or invest in a company;

(c)   

form, participate in forming or otherwise become a member of a

charitable incorporated organisation (within the meaning of section

35

69A of the Charities Act 1993 (c. 10)).

      (5)  

In sub-paragraph (4)(b) the reference to investing in a company includes a

reference to—

(a)   

becoming a member of the company, and

(b)   

investing in it by the acquisition of any assets, securities or rights or

40

otherwise.

 
 

 
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