House of Commons Amendments

House of Commons

Session 2008 - 09
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Other Bills before Parliament

613

House of Commons

Notices of Amendments

given on

Monday 27 April 2009

For other Amendment(s) see the following page(s) of Supplement to Votes:

567-74, 575-84, 585-91, 605-08, 609 and 611

Consideration of Bill

Apprenticeships, Skills, Children and Learning Bill, As Amended

Secretary Ed Balls

Secretary John Denham

16

Page  155,  line  12  [Clause  261],  at end insert—

‘(fa)
paragraphs 53A to 53C of Schedule 6, so far as relating to Wales;’.

Secretary Ed Balls

Secretary John Denham

17

Page  177,  line  5  [Schedule  6],  at end insert—

‘Education Act 2002 (c. 32)

53A
The Education Act 2002 is amended as follows.

53B
After section 208 insert—

“208A
Recoupment: adjustment between local education authorities and the

YPLA

(1)
This section applies in relation to the following cases—

(a)
the YPLA secures the provision of education under section 64

of the Apprenticeships, Skills, Children and Learning Act

2009 in respect of a person who belongs to the area of a local

education authority in England or Wales (“the home

authority”);

(b)
a local education authority in England or Wales (“the

providing authority”) secures the provision of education

within section 64(1) or (3) of that Act in respect of a person

who belongs to the area of a local education authority in

England.

(2)
Regulations made by the appropriate national authority may make

provision—

Notices of Amendments: 27 April 2009
614

Apprenticeships, Skills, Children and Learning Bill, continued

(a)
in relation to cases within subsection (1)(a), requiring or

authorising the payment of an amount by the home authority

to the YPLA;

(b)
in relation to cases within subsection (1)(b), requiring or

authorising the payment of an amount by the YPLA to the

providing authority.

(3)
The amounts that may be required or authorised to be paid are such

sums in respect of amounts described in the regulations as may be—

(a)
agreed between the YPLA and the local education authority in

question, or

(b)
failing agreement, determined in accordance with the

regulations.

(4)
The regulations may provide for the amounts payable—

(a)
to reflect the whole or any part of the average costs incurred

by local education authorities in the provision of education

(whether in England and Wales as a whole or in any particular

area or areas), and

(b)
to be based on figures for average costs determined by such

body or bodies representing local education authorities, or on

such other figures relating to costs so incurred, as the

appropriate national authority thinks appropriate.

(5)
Regulations made under this section by the Welsh Ministers may

provide that, in cases specified in or determined in accordance with the

regulations, the amounts payable are to be determined by the Welsh

Ministers with the consent of the Secretary of State.

(6)
In a case where the providing authority is a local education authority

in Wales, a dispute between the providing authority and the YPLA as

to whether the providing authority is entitled to be paid an amount by

the YPLA under the regulations is to be determined by the Welsh

Ministers with the consent of the Secretary of State.

(7)
In this section—

“the appropriate national authority” means—

(a)
in relation to a case where the providing authority is a local

education authority in Wales, the Welsh Ministers;

(b)
in relation to any other case, the Secretary of State;

“the YPLA” means the Young People’s Learning Agency for England.”

53C
In section 210(6A) (orders and regulations: provisions subject to annulment by

National Assembly for Wales) after “section 32(9)” insert “or section 208A”.’.

Further education corporations in England: co-operation and promotion of well-being

Secretary Ed Balls

Secretary John Denham

NC21

To move the following Clause:—

‘(1)
The Further and Higher Education Act 1992 (c. 13) is amended as follows.

(2)
In section 19 (supplementary powers of a further education corporation), after

subsection (8) add—

Notices of Amendments: 27 April 2009
615

Apprenticeships, Skills, Children and Learning Bill, continued

“(9)
A further education corporation may provide advice or assistance to any

other person where it appears to the corporation to be appropriate for

them to do so for the purpose of or in connection with the provision of

education by the other person.”

(3)
After that section insert—

“19A
Duty in relation to promotion of well-being of local area

(1)
This section applies to a further education corporation established in

respect of an educational institution in England.

(2)
In exercising their functions under sections 18 and 19, the corporation

must—

(a)
have regard, amongst other things, to the objective of promoting

the economic and social well-being of the local area, and

(b)
in doing so, have regard to any guidance issued by the Secretary

of State about co-operation with a view, directly or indirectly, to

advancing that objective.

(3)
In subsection (2)—

(a)
the reference to the well-being of an area includes a reference to

the well-being of people who live or work in the area;

(b)
“co-operation”, in relation to a further education corporation,

means any form of co-operation, including consulting, seeking

advice or assistance from, providing advice or assistance to, or

collaborating or otherwise participating in joint working with,

other educational institutions, employers or other persons (who

may be, or include, persons outside the local area).

(4)
In this section, “the local area”, in relation to a further education

corporation, means the locality of the institution in respect of which they

are established.

(5)
Nothing in this section is to be taken to affect the operation of section

49A.”’.

Secretary Ed Balls

Secretary John Denham

18

Page  68,  line  27,  leave out Clause 117.

Secretary Ed Balls

Secretary John Denham

19

Page  148,  line  23,  leave out Clause 248.

Secretary Ed Balls

Secretary John Denham

20

Page  185,  line  36  [Schedule  8],  at end insert—

‘“(11)
A sixth form college corporation may provide advice or assistance to

any other person where it appears to the corporation to be appropriate

for them to do so for the purpose of or in connection with the provision

of education by the other person.”’.

Notices of Amendments: 27 April 2009
616

Apprenticeships, Skills, Children and Learning Bill, continued

Secretary Ed Balls

Secretary John Denham

21

Page  73,  line  2  [Clause  126],  leave out ‘different types’ and insert ‘range’.

Secretary Ed Balls

Secretary John Denham

22

Page  73,  line  8  [Clause  126],  after ‘any’ insert ‘relevant’.

Secretary Ed Balls

Secretary John Denham

23

Page  73,  line  9  [Clause  126],  leave out from ‘a’ to ‘represent’ in line 10 and insert

‘qualification in respect of which the body is recognised under section 130’.

Secretary Ed Balls

Secretary John Denham

24

Page  73,  line  10  [Clause  126],  at end insert—

‘(7)
For the purposes of subsection (6) a sum is relevant if it is payable in respect of

the award or authentication of the qualification in question.’.

Secretary Ed Balls

Secretary John Denham

25

Page  74,  line  35  [Clause  128],  leave out from ‘is’ to end of line 38 and insert ‘any

of the following—

(a)
a foundation degree;

(b)
a first degree;

(c)
a degree at a higher level.’.

Secretary Ed Balls

Secretary John Denham

26

Page  82,  line  13  [Clause  142],  at end insert—

‘( )
At any time before the surrender date Ofqual may vary that date by giving further

notice to the recognised body.’.

Secretary Ed Balls

Secretary John Denham

27

Page  82,  line  14  [Clause  142],  after ‘deciding’ insert ‘or varying’.

Secretary Ed Balls

Secretary John Denham

28

Page  86,  line  20  [Clause  152],  after ‘a’ insert ‘form of a’.

Notices of Amendments: 27 April 2009
617

Apprenticeships, Skills, Children and Learning Bill, continued

Secretary Ed Balls

Secretary John Denham

29

Page  92,  line  22  [Clause  166],  leave out ‘has the same meaning as in’ and insert

‘means a higher education institution within the meaning of’.

Secretary Ed Balls

Secretary John Denham

30

Page  94,  line  33  [Clause  172],  leave out ‘or will’ and insert ‘, will be or may

reasonably be expected to’.

Secretary Ed Balls

Secretary John Denham

31

Page  210,  line  45  [Schedule  12],  leave out from beginning to end of line 1 on page

211 and insert—

    ‘(4)
For subsection (1B) substitute—

“(1B)
The functions set out in subsection (1) are exercisable solely by the

Welsh Ministers.”

      (5)
Omit subsections (1C), (1D) and (2).’.

Secretary Ed Balls

Secretary John Denham

32

Page  211,  line  6  [Schedule  12],  leave out from ‘is’ to end of line 9 and insert ‘any

of the following—

(a)
a foundation degree;

(b)
a first degree;

(c)
a degree at a higher level.’.

Secretary Ed Balls

Secretary John Denham

33

Page  214,  line  35  [Schedule  12],  at end insert—

      ‘()
At any time before the surrender date the Welsh Ministers may vary that date

by giving further notice to the recognised person.’.

Secretary Ed Balls

Secretary John Denham

34

Page  214,  line  36  [Schedule  12],  after ‘deciding’ insert ‘or varying’.

Secretary Ed Balls

Secretary John Denham

35

Page  214  [Schedule  12],  leave out lines 41 to 43.

Notices of Amendments: 27 April 2009
618

Apprenticeships, Skills, Children and Learning Bill, continued

Secretary Ed Balls

Secretary John Denham

36

Page  231,  line  30  [Schedule  16],  leave out ‘30(6)’ and insert ‘30(1C), (1D), (2) and

(6)’.

Secretary Ed Balls

Secretary John Denham

37

Page  233,  line  4  [Schedule  16],  leave out ‘162(3) and’ and insert ‘162(2) to’.

Secretary Ed Balls

Secretary John Denham

38

Page  143,  line  33  [Clause  241],  at end insert—

‘(2A)
A relevant partner must secure that, at least once in every 12 month period, a

partnership report is prepared and submitted to the local Children’s Trust Board

in relation to each of the arrangements under subsection (2) to which the relevant

partner has been a party at any time during the period to which the report relates.

(2B)
A partnership report, in relation to arrangements under subsection (2), is a report

that—

(a)
gives details of the arrangements and what has been done under them

during the period to which the report relates;

(b)
assesses the effectiveness of the arrangements during that period;

(c)
gives details of what is proposed to be done under the arrangements in the

future.’.

Secretary Ed Balls

Secretary John Denham

39

Page  143,  line  39  [Clause  241],  after ‘of’ insert ‘a proprietor of’.

Secretary Ed Balls

Secretary John Denham

40

Page  143,  line  41  [Clause  241],  at end insert—

‘(c)
the local Children’s Trust Board, in relation to a relevant partner, is the

Children’s Trust Board established for their area by virtue of section 12A

of the Children Act 2004 (c. 31).’.

Secretary Ed Balls

Secretary John Denham

NS3

To move the following Schedule:—

‘Learning and Skills Council for England: transfer schemes

Staff transfer schemes

54
The Secretary of State may make a scheme (a “staff transfer scheme”)

providing for the transfer of designated employees of the LSC—

(a)
to a permitted transferee, or

(b)
so as to become employed in the civil service of the state.

Notices of Amendments: 27 April 2009
619

Apprenticeships, Skills, Children and Learning Bill, continued

55  (1)
This paragraph applies where a staff transfer scheme provides for the transfer

of an employee of the LSC to a permitted transferee or so as to become

employed in the civil service of the state.

      (2)
The scheme must provide for the TUPE regulations to apply (to the extent that

they would not otherwise apply) as if—

(a)
any transfer of functions (however effected and described) from the

LSC to a permitted transferee or the Crown were a transfer of an

undertaking;

(b)
the transfer of the undertaking took effect on a designated date;

(c)
the transfer of the undertaking were a relevant transfer for the purposes

of the regulations;

(d)
the employee had for those purposes been assigned to an organised

grouping of resources or employees that was subject to the relevant

transfer.

56  (1)
This paragraph applies where a staff transfer scheme provides for a transfer of

an employee of the LSC so as to become employed in the civil service of the

state on terms which do not constitute a contract of employment.

      (2)
The scheme must provide for the TUPE regulations to apply with the necessary

modifications.

57
A staff transfer scheme may provide for the transfer of an employee of the LSC

to a permitted transferee or so as to become employed in the civil service of the

state despite any provisions, of whatever nature, which would otherwise

prevent the employee from being so transferred.

Property transfer schemes

58  (1)
The Secretary of State may make a scheme (a “property transfer scheme”)

providing for the transfer from the LSC of designated property, rights or

liabilities of the LSC to—

(a)
a permitted transferee,

(b)
the Secretary of State, or

(c)
the Chief Executive of Skills Funding.

      (2)
A property transfer scheme may—

(a)
create rights, or impose liabilities, in relation to property or rights

transferred by virtue of the scheme;

(b)
provide for anything done by or in relation to the LSC in connection

with any property, rights or liabilities transferred by the scheme to be

treated as done, or to be continued, by or in relation to the person to

whom the property, rights or liabilities in question are transferred;

(c)
apportion property, rights and liabilities;

(d)
make provision about the continuation of legal proceedings.

      (3)
The things that may be transferred by a property transfer scheme include—

(a)
property, rights and liabilities that could not otherwise be transferred;

(b)
property acquired, and rights and liabilities arising, after the making of

the scheme.

Continuity

59
A transfer by virtue of a staff transfer scheme or a property transfer scheme

does not affect the validity of anything done by or in relation to the LSC before

the transfer takes effect.