House of Commons Amendments

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

Consideration of Bill: 5 May 2009
739

Apprenticeships, Skills, Children and Learning Bill, continued

      (2)
The annual report must state how the Chief Executive of Academies has

performed the functions of the office in the financial year.

      (3)
The Chief Executive of Academies 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.

      (5)
The Chief Executive of Academies—

(a)
may prepare other reports on matters relating to the functions of the

office, and

(b)
must send a copy of each report prepared under sub-sub-paragraph (a)

to the Secretary of State.

Accounts

16  (1)
The Chief Executive of Academies must—

(a)
keep proper accounts and proper records in relation to the accounts,

and

(b)
prepare annual accounts in respect of each financial year.

      (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

(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 of Academies must send copies of the annual accounts for the

year to—

(a)
the Secretary of State, and

(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—

(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

17  (1)
The Chief Executive of Academies may do anything that the Chief Executive

of Academies considers necessary or appropriate for the purposes of, or in

connection with, the functions of the office.

      (2)
The power in sub-paragraph (1) is subject to any restrictions imposed by or

under any provision of this or any other Act.

      (3)
The Chief Executive of Academies may not borrow money.

      (4)
The Chief Executive of Academies may not do any of the following without

the consent of 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

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

Consideration of Bill: 5 May 2009
740

Apprenticeships, Skills, Children and Learning Bill, continued

      (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

otherwise.

Directions about management

18
The Secretary of State may give directions to the Chief Executive of

Academies about the financial and other management of and administrative

arrangements relating to the office comprising the Chief Executive of

Academies and the staff of the Chief Executive of Academies.

Financial year

19
In this Schedule “financial year” means—

(a)
the period beginning on the day on which section [Chief Executive of

Academies] comes into force and ending on the following 31 March;

(b)
each successive period of 12 months.’.

Mr David Willetts

Mr Michael Gove

Mr John Hayes

Mr Nick Gibb

Mrs Maria Miller

Bill Wiggin

NS2

To move the following Schedule:—

‘The Skills Funding Agency

Status

20  (1)
The SFA 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 SFA’s property is not to be regarded—

(a)
as property of the Crown, or

(b)
as property held on behalf of the Crown.

Membership

21  (1)
The SFA is to consist of—

(a)
a member appointed to chair the SFA (“the chair”),

(b)
between 5 and 15 other members (“ordinary members”), and

(c)
the chief executive of the SFA.

      (2)
The chair is to be appointed by the Secretary of State, on terms determined by

the Secretary of State.

      (3)
The first chief executive and ordinary members are to be appointed by the

Secretary of State, on terms determined by the Secretary of State.

Consideration of Bill: 5 May 2009
741

Apprenticeships, Skills, Children and Learning Bill, continued

      (4)
Later chief executives and ordinary members are to be appointed by the SFA,

on terms determined by the SFA with the approval of the Secretary of State.

      (5)
In appointing a person as a member, the Secretary of State or the SFA must

have regard to the desirability of appointing a person who has experience

relevant to any of the SFA’s functions.

Tenure

22  (1)
The members of the SFA hold and vacate office in accordance with the terms

of their appointments, subject to the following provisions of this Schedule.

      (2)
A member of the SFA may resign from office at any time by giving written

notice to the Secretary of State.

      (3)
The Secretary of State may remove a member of the SFA from office on either

of the following grounds—

(a)
inability or unfitness to carry out the duties of the office;

(b)
absence from the SFA’s meetings for a continuous period of more than

6 months without the SFA’s permission.

      (4)
The previous appointment of a person as a member of the SFA does not affect

the person’s eligibility for re-appointment.

Remuneration etc. of members

23  (1)
The SFA may, and must if the Secretary of State requires if to do so, pay

remuneration, allowances and expenses to any of its members.

      (2)
The SFA 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 or in

respect of a current or former member of the SFA.

      (3)
If a person ceases to be a member of the SFA and the Secretary of State decides

that the person should be compensated because of special circumstances, the

SFA must pay compensation to the person.

      (4)
The amount of a payment under this paragraph is to be determined by the

Secretary of State.

Staff

24  (1)
The SFA may appoint staff.

      (2)
The following are to be determined by the SFA with the approval of the

Secretary of State—

(a)
the conditions of service to the SFA’s staff;

(b)
the amount of remuneration, allowances and expenses paid to them.

25  (1)
Employment with the SFA 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 apply.

      (2)
The SFA 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.

      (3)
Sub-paragraph (4) applies if a member of staff of the SFA (“E”)—

(a)
is, by reference to employment with the SFA, a participant in a scheme

under section 1 of the Superannuation Act 1972, and

(b)
is also a member of the SFA.

      (4)
The Secretary of State may determine that E’s service as a member of the SFA

is to be treated for the purposes of the scheme as service as a member of staff

Consideration of Bill: 5 May 2009
742

Apprenticeships, Skills, Children and Learning Bill, continued

of the SFA (whether or not any benefits are payable to or in respect of E by

virtue of paragraph 4(2)).

Committees

26  (1)
The SFA may establish committees, and any committee established by the

YPLA may establish sub-committees.

      (2)
The SFA 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-

paragraph (1) is referred to as a “SFA committee”.

      (4)
A SFA committee may consist of or include persons who are not members of

the SFA or the SFA’s staff.

      (5)
The SFA may arrange for the payment of remuneration, allowances and

expenses to any person who—

(a)
is a member of a SFA committee, but

(b)
is not a member of the SFA or the SFA’s staff.

      (6)
The SFA must keep under review—

(a)
the structure of SFA committees, and

(b)
the scope of each SFA committee’s activities.

27  (1)
The SFA 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

referred to as a “joint sub-committee”.

      (5)
The SFA 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 SFA or the SFA’s staff.

Procedure etc.

28  (1)
The SFA may regulate—

(a)
its own proceedings (including quorum), and

(b)
the procedure (including quorum) of SFA committees.

      (2)
A joint committee may regulate—

(a)
its own procedure (including quorum), and

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

by it.

      (3)
The validity of proceedings of the SFA, or of a SFA committee, joint

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

(a)
a vacancy;

(b)
a defective appointment.

29  (1)
The following have the right to attend meetings of the SFA, and of SFA

committees, joint committees and joint sub-committees—

(a)
the Secretary of State;

(b)
a representative of the Secretary of State.

Consideration of Bill: 5 May 2009
743

Apprenticeships, Skills, Children and Learning Bill, continued

      (2)
A person attending a meeting of the SFA, or of a SFA 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 SFA, or of a SFA committee,

joint committee or joint sub-committee requests it, the SFA must provide the

person with all information relating to the meeting that—

(a)
has been distributed to the members of the SFA, or of the SFA

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.

Delegation

30  (1)
The SFA may delegate any of its functions to—

(a)
the chair or the chief executive;

(b)
a committee established by the SFA;

(c)
a joint committee.

      (2)
If a function is delegated to the chair, the chair may delegate the function to the

chief executive or any of the ordinary members.

      (3)
If a function is delegated to the chief executive, the chief executive may

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

      (4)
A function is delegated under this paragraph to the extent and on the terms that

the person delegating it determines.

12  (1)
A committee established by the SFA or a joint committee may delegate any of

its functions to a sub-committee established by it.

      (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 SFA to delegate a function under

this paragraph, and to determine the extent and terms of the delegation, are

subject to the SFA’s powers to direct what a committee 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 extend and terms of the delegation, are subject to the

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

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

Plans

13  (1)
The SFA must make and publish a plan for each academic year.

      (2)
The SFA’s plan for an academic year must be published before the start of the

academic year.

      (3)
The SFA’s plan for an academic year must include—

(a)
the SFA’S proposals as to how it intends to achieve in that year any

objectives for the year.

(b)
the SFA’s proposals as to how it proposes to use its grant funding for

the year.

      (4)
In this paragraph—

“academic year” means—

(d)
the period beginning on the day on which this Act comes into

force and ending on the following 31 August;

(e)
each successive period of 12 months;

“grant conditions” mean conditions to which a grant under paragraph 18 is

subject;

Consideration of Bill: 5 May 2009
744

Apprenticeships, Skills, Children and Learning Bill, continued

“grant funding” means a grant under that paragraph.

Reports

14  (1)
As soon as reasonably practicable after the end of each reporting period the

SFA must prepare an annual report for the period.

      (2)
The annual report must state how the SFA has performed its functions in the

reporting period.

      (3)
The SFA must send a copy of each annual report 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.

      (5)
In this paragraph “reporting period” means—

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

SFA;

(b)
each successive period of 12 months.

Accounts

15  (1)
The SFA must—

(a)
keep proper accounts and proper records in relation to the accounts,

and

(b)
prepare annual accounts in respect of each financial year.

      (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

(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

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

(a)
the Secretary of State, and

(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—

(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

SFA;

(b)
each successive period of 12 months.

Documents

16
The application of the SFA’s seal is authenticated by the signatures of—

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

that purpose by the SFA, and

(b)
one other member of the SFA.

Consideration of Bill: 5 May 2009
745

Apprenticeships, Skills, Children and Learning Bill, continued

17
Any document purporting to be an instrument made or issued by or on behalf

of the SFA, and to be duly executed by a person authorised by the SFA in that

behalf—

(a)
is to be received in evidence, and

(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 SFA for the purposes of any of

its functions.

      (2)
Grants to the SFA under this paragraph are to be made at such times and

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

      (3)
Conditions to which a grant is subject may (in particular)—

(a)
set the SFA’s budget for any financial year;

(b)
require the SFA to use the grant for specified purposes;

(c)
require the SFA to comply with specified requirements in 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;

(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 SFA provides specified financial resources,

it is to impose specified conditions.

      (5)
The Secretary of State may not impose conditions which relate to the SFA’s

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

persons.

Supplementary powers

19  (1)
The SFA may do anything that it considers necessary or appropriate for 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 this or any other Act.

      (3)
The SFA may not borrow money.

      (4)
The SFA may not do any of the following without the consent of 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

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

otherwise.

20
In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc.

subject to investigation) at the appropriate place insert—