House of Commons Amendments

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

575

House of Commons

Notices of Amendments

given on

Thursday 2 April 2009

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

567-74

Consideration of Bill

Apprenticeships, Skills, Children and Learning Bill, As Amended

Mr David Willetts

Mr Michael Gove

Mr John Hayes

Mr Nick Gibb

Mrs Maria Miller

Bill Wiggin

1

Page  10,  line  18  [Clause  21],  leave out subsection (4) and insert—

‘(4)
In preparing the first draft specification the Chief Executive must consult with

representatives of industry, employers, sectoral bodies and other persons that the

Chief Executive considers appropriate.’.

Duty to make an annual report on progress of capital funding

Mr David Willetts

Mr Michael Gove

Mr John Hayes

Mr Nick Gibb

Mrs Maria Miller

Bill Wiggin

NC11

To move the following Clause:—

‘(1)
As soon as reasonably practicable after the end of each financial year the Chief

Executive of Skills Funding must prepare an annual report on the condition of

infrastructure of colleges of further education.

(2)
The report must provide information about which applications for capital funding

by colleges of further education in that financial year have received approval—

(a)
in principle,

(b)
in detail.

(3)
The Chief Executive must send a copy of each report prepared under subsection

(1) to the Secretary of State.

Notices of Amendments: 2 April 2009
576

Apprenticeships, Skills, Children and Learning Bill, continued

(4)
The Secretary of State must lay before Parliament a copy of each report received

under subsection (3) and arrange for it to be published.’.

Duty to seek apprenticeship places for apprentices made redundant

Mr David Willetts

Mr Michael Gove

Mr John Hayes

Mr Nick Gibb

Mrs Maria Miller

Bill Wiggin

NC12

To move the following Clause:—

‘The Chief Executive of Skills Funding must exercise the functions of the office

in such a way as to ensure that suitable apprenticeship training is sought for

persons who are unable to complete the full apprenticeship framework as a result

of redundancy.’.

Mr David Willetts

Mr Michael Gove

Mr John Hayes

Mr Nick Gibb

Mrs Maria Miller

Bill Wiggin

2

Page  7,  line  2  [Clause  13],  leave out ‘Skills Funding’ and insert ‘the Skills Funding

Agency’.

Mr David Willetts

Mr Michael Gove

Mr John Hayes

Mr Nick Gibb

Mrs Maria Miller

Bill Wiggin

3

Page  7,  line  10  [Clause  13],  leave out ‘Skills Funding’ and insert ‘the Skills

Funding Agency’.

Mr David Willetts

Mr Michael Gove

Mr John Hayes

Mr Nick Gibb

Mrs Maria Miller

Bill Wiggin

4

Page  49,  line  6,  leave out Clause 79.

Notices of Amendments: 2 April 2009
577

Apprenticeships, Skills, Children and Learning Bill, continued

Mr David Willetts

Mr Michael Gove

Mr John Hayes

Mr Nick Gibb

Mrs Maria Miller

Bill Wiggin

5

Page  10,  line  11  [Clause  21],  leave out ‘Skills Funding’ and insert ‘the Skills

Funding Agency’.

Mr David Willetts

Mr Michael Gove

Mr John Hayes

Mr Nick Gibb

Mrs Maria Miller

Bill Wiggin

6

Page  10,  line  36  [Clause  23],  leave out ‘Skills Funding’ and insert ‘the Skills

Funding Agency’.

Skills Funding Agency

Mr David Willetts

Mr Michael Gove

Mr John Hayes

Mr Nick Gibb

Mrs Maria Miller

Bill Wiggin

NC13

To move the following Clause:—

‘(1)
There is to be a body corporate known as the Skills Funding Agency for England

(“SFA”) headed by a Chief Executive.

(2)
In this Part references to the “Chief Executive” refer to the Chief Executive of the

SFA.

(3)
Except as provided for in sections 104, 105 or 106, the Chief Executive is to

perform the functions of the office in relation to England only.

(4)
Schedule 4 makes further provision about the Chief Executive.’.

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.

Notices of Amendments: 2 April 2009
578

Apprenticeships, Skills, Children and Learning Bill, continued

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

1    (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

2    (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.

      (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

3    (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

4    (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.

Notices of Amendments: 2 April 2009
579

Apprenticeships, Skills, Children and Learning Bill, continued

      (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

5    (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.

6    (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

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

virtue of paragraph 4(2)).

Committees

7    (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.

8    (1)
The SFA and any other person may establish a committee jointly.

Notices of Amendments: 2 April 2009
580

Apprenticeships, Skills, Children and Learning Bill, continued

      (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.

9    (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.

10  (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.

      (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

11  (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.

Notices of Amendments: 2 April 2009
581

Apprenticeships, Skills, Children and Learning Bill, continued

      (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—

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

force and ending on the following 31 August;

(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

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,