House of Commons Amendments

House of Commons

Session 2008 - 09
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Other Bills before Parliament

Notices of Amendments: 2 April 2009
582

Apprenticeships, Skills, Children and Learning Bill, continued

(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.

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.

Notices of Amendments: 2 April 2009
583

Apprenticeships, Skills, Children and Learning Bill, continued

      (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—


“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

8

Page  49,  line  18  [Clause  80],  leave out subsection (2).

Notices of Amendments: 2 April 2009
584

Apprenticeships, Skills, Children and Learning Bill, continued

Mr David Willetts

Mr Michael Gove

Mr John Hayes

Mr Nick Gibb

Mrs Maria Miller

Bill Wiggin

9

Page  49,  line  31  [Clause  80],  leave out from ‘sub-delegation’ to end of line 36.