House of Commons Amendments

House of Commons

Session 2008 - 09
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Other Bills before Parliament

Notices of Amendments: 30 April 2009
690

Apprenticeships, Skills, Children and Learning Bill, continued


“The Skills Funding Agency.”

House of Commons Disqualification Act 1975 (c. 24)

21
In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975

(other disqualifying offices) at the appropriate place insert—


“Any member of the Skills Funding Agency in receipt of remuneration.”

Superannuation Act 1972 (c. 11)

22
In Schedule 1 to the Superannuation Act 1972 (kinds of employment, etc,

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


“Skills Funding Agency”.’

Mr David Willetts

Mr Michael Gove

Mr John Hayes

Mr Nick Gibb

Mrs Maria Miller

Bill Wiggin

7

Page  167,  line  9,  leave out Schedule 4.

Secretary Ed Balls

Secretary John Denham

52

Page  167,  line  24  [Schedule  4],  leave out ‘service in’ and insert ‘employment in’.

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

Notices of Amendments: 30 April 2009
691

Apprenticeships, Skills, Children and Learning Bill, continued

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—

(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—

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

education authority in Wales, the Welsh Ministers;

(d)
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”.’.

Notices of Amendments: 30 April 2009
692

Apprenticeships, Skills, Children and Learning Bill, continued

Secretary Ed Balls

Secretary John Denham

41

Page  177,  line  28,  leave out Schedule 7.

Mr David Laws

Stephen Williams

Annette Brooke

117

Page  181,  line  27  [Schedule  8],  at end insert—

( )
the responsible local education authority has given its consent to such an

order.’.

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.”’.

Mr David Laws

Stephen Williams

Annette Brooke

118

Page  187,  line  38  [Schedule  8],  leave out ‘YPLA’ and insert ‘relevant Local

Authority’.

Mr David Laws

Stephen Williams

Annette Brooke

119

Page  187,  line  40  [Schedule  8],  leave out ‘YPLA must consult the corporation,’

and insert ‘relevant Local Authority must consult the YPLA and the corporation’.

Mr David Laws

Stephen Williams

Annette Brooke

120

Page  187,  line  43  [Schedule  8],  leave out ‘YPLA’ and insert ‘relevant Local

Notices of Amendments: 30 April 2009
693

Apprenticeships, Skills, Children and Learning Bill, continued

Authority’.

Mr David Laws

Stephen Williams

Annette Brooke

121

Page  188,  line  7  [Schedule  8],  leave out ‘YPLA’ and insert ‘relevant Local

Authority’.

Mr David Laws

Stephen Williams

Annette Brooke

122

Page  188,  line  9  [Schedule  8],  at end insert ‘and the YPLA’.

Mr David Laws

Stephen Williams

Annette Brooke

123

Page  188,  line  10  [Schedule  8],  leave out subsection (3).

Mr David Laws

Stephen Williams

Annette Brooke

124

Page  188,  line  13  [Schedule  8],  leave out subsection (4).

Mr David Laws

Stephen Williams

Annette Brooke

125

Page  188,  line  19  [Schedule  8],  after second ‘the’, insert ‘relevant Local Authority

and’.

Mr David Laws

Stephen Williams

Annette Brooke

126

Page  188,  line  35  [Schedule  8],  at end insert ‘and the relevant Local Authority or

authorities, as they case may be.’.

Secretary Ed Balls

Secretary John Denham

53

Page  188,  line  38  [Schedule  8],  leave out from ‘1993’ to end of line 39.

Notices of Amendments: 30 April 2009
694

Apprenticeships, Skills, Children and Learning Bill, continued

Mr David Laws

Stephen Williams

Annette Brooke

86

Page  200,  line  25  [Schedule  9],  at end add—

‘(4)
Ofqual may carry out standardised sample testing of pupils for the purpose of

monitoring standards.

(5)
The results of any standardised sample testing carried out under subsection (4)

must be laid before Parliament.’.

Mr David Laws

Stephen Williams

Annette Brooke

93

Page  202,  line  12  [Schedule  11],  leave out sub-paragraph (1) and insert—

‘(1)
The QCDA is to perform its functions on behalf of the Crown.’.

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.’.

Notices of Amendments: 30 April 2009
695

Apprenticeships, Skills, Children and Learning Bill, continued

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.

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’.

Order of the House [23 February 2009]

That the following provisions shall apply to the Apprenticeships, Skills, Children and

Learning Bill:

Committal

1.
The Bill shall be committed to a Public Bill Committee.

Proceedings in Public Bill Committee

2.
Proceedings in the Public Bill Committee shall (so far as not previously

concluded) be brought to a conclusion on Tuesday 31 March 2009.

3.
The Public Bill Committee shall have leave to sit twice on the first day on

which it meets.

Consideration and Third Reading

4.
Proceedings on consideration shall (so far as not previously concluded) be

brought to a conclusion one hour before the moment of interruption on the

day on which those proceedings are commenced.

Notices of Amendments: 30 April 2009
696

Apprenticeships, Skills, Children and Learning Bill, continued

5.
Proceedings on Third Reading shall (so far as not previously concluded) be

brought to a conclusion at the moment of interruption on that day.

6.
Standing Order No. 83B (Programming committees) shall not apply to

proceedings on consideration and Third Reading.

Other proceedings

7.
Any other proceedings on the Bill (including any proceedings on

consideration of Lords Amendments or on any further messages from the

Lords) may be programmed.

NOTICES WITHDRAWN

The following Notices have been withdrawn:

Academy arrangements

Michael Gove

Mr David Willetts

Mr Nick Gibb

Mr John Hayes

Mrs Maria Miller

Bill Wiggin

NC6

To move the following Clause:—

‘(1)
The Secretary of State may require the Chief Executive of Academies to enter

into Academy arrangements with the Secretary of State.

(2)
For the purposes of this section and sections 75 and 76 “Academy arrangements”

are arrangements under which the Chief Executive of Academies is required to

exercise specified Academy functions on the Secretary of State’s behalf in

accordance with the arrangements.

(3)
An “Academy function” is a function of the Secretary of State relating to or

exercisable in connection with—

(a)
Academies, city technology colleges or city colleges for the technology

of the arts generally,

(b)
a particular, or particular description of, Academy, city technology

college or city college for the technology of the arts.

(4)
Academy functions include in particular functions of the Secretary of State

under—

(a)
section 482 of the Education Act 1996 (c. 56) (Academies) or an

agreement entered into under that section,

(b)
Schedule 35A to that Act (Academies: land).

(5)
References in a provision made by or under this or any other Act to the functions

of the Chief Executive of Academies do not include any functions conferred or

imposed on the Chief Executive of Academies under Academy arrangements.’.