House of Commons Public Bill Committee Proceedings

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

Report Stage Proceedings: 5 May 2009
204

Apprenticeships, Skills, Children and Learning Bill, continued

property such as lockers and desks.’.

Mr David Laws

Stephen Williams

Annette Brooke

Not selected  107

Page  137,  line  10  [Clause  235],  at end insert—

‘(d)
the requirement in subsection (6)(b) shall not apply if there are no

members of staff of the same sex as P available and there is a risk of

serious disorder or physical danger.’.

Mr David Laws

Stephen Williams

Annette Brooke

Not selected  103

Page  137,  line  13  [Clause  235],  leave out paragraph (a).

Mr David Laws

Stephen Williams

Annette Brooke

Not called  115

Page  137,  line  15  [Clause  235],  after ‘section’, insert ‘and in section 550ZC’.

Mr David Laws

Stephen Williams

Annette Brooke

Not called  105

Page  137,  line  23  [Clause  235],  at end insert—

‘(9)
The requirement in subsection (6)(b) shall not apply in circumstances where—

(a)
the school has no members of staff of the same sex as P, or;

(b)
the provisions of subsection (4)(b) apply and there are no members of

staff of the same sex as P available.’.

Mr David Laws

Stephen Williams

Annette Brooke

Not called  106

Page  137,  line  23  [Clause  235],  at end insert—

‘(9)
The requirement in subsection (6)(c) shall not apply in circumstances where—

(a)
the school has fewer than two members of staff of the same sex as P, or;

(b)
the provisions of subsection (4)(b) apply and there are fewer than two

members of staff of the same sex as P available.’.

Mr David Laws

Stephen Williams

Annette Brooke

Not called  113

Page  137,  line  25  [Clause  235],  after ‘section 550ZA’, insert ‘or, if he is not the

person carrying out the search, a member of the security staff of the school.’.

Report Stage Proceedings: 5 May 2009
205

Apprenticeships, Skills, Children and Learning Bill, continued

Mr David Laws

Stephen Williams

Annette Brooke

Not called  114

Page  137,  line  29  [Clause  235],  before ‘any’, insert ‘in the case of a member of the

security staff of the school,’.

Mr David Laws

Stephen Williams

Annette Brooke

Not called  116

Page  138,  line  28  [Clause  235],  leave out paragraph (b).

Mr David Laws

Stephen Williams

Annette Brooke

Not selected  100

Page  142,  line  17  [Clause  239],  leave out paragraph (a).

Mr David Laws

Stephen Williams

Annette Brooke

Not called  95

Page  142,  line  18  [Clause  239],  after ‘uses’, insert ‘significant’.

Mr David Laws

Stephen Williams

Annette Brooke

Not selected  96

Page  142,  line  20  [Clause  239],  after ‘of’, insert ‘significant’.

Mr David Laws

Stephen Williams

Annette Brooke

Not called  97

Page  142,  line  21  [Clause  239],  leave out ‘each’ and insert ‘a’.

Mr David Laws

Stephen Williams

Annette Brooke

Not called  98

Page  142,  line  22  [Clause  239],  at end insert ‘provided that in the view of the

headteacher this is necessary, proportionate and unlikely to endanger the safety of the

child.’.

Report Stage Proceedings: 5 May 2009
206

Apprenticeships, Skills, Children and Learning Bill, continued

Mr David Laws

Stephen Williams

Annette Brooke

Not called  101

Page  142,  line  22  [Clause  239],  at end insert ‘subject to the discretion and

professional judgement of the head teacher.’.

Mr David Laws

Stephen Williams

Annette Brooke

Not called  102

Page  142,  line  25  [Clause  239],  leave out subsection (3).

Secretary Ed Balls

Secretary John Denham

Agreed to  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

Agreed to  39

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

Secretary Ed Balls

Secretary John Denham

Agreed to  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

Agreed to  51

Page  145,  line  22  [Clause  244],  leave out ‘, 11, 12 and 17’ and insert ‘to 12, 12C,

Report Stage Proceedings: 5 May 2009
207

Apprenticeships, Skills, Children and Learning Bill, continued

12D and 17A’.

Secretary Ed Balls

Secretary John Denham

Agreed to  19

Page  148,  line  23,  leave out Clause 248.

Secretary Ed Balls

Secretary John Denham

Agreed to  16

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

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

New ScheduleS

Secretary Ed Balls

Secretary John Denham

Added  NS3

To move the following Schedule:—

‘Learning and Skills Council for England: transfer schemes

Staff transfer schemes

1
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.

2    (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.

Report Stage Proceedings: 5 May 2009
208

Apprenticeships, Skills, Children and Learning Bill, continued

3    (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.

4
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

5    (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

6
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.

Supplementary provision etc.

7
A staff transfer scheme or a property transfer scheme may include

supplementary, incidental, transitional and consequential provision.

Interpretation

8
In this Schedule—

“designated”, in relation to a staff transfer scheme or a property transfer

scheme, means specified in, or determined in accordance with, the

scheme;

“the LSC” means the Learning and Skills Council for England;

“permitted transferee” means—

(a)
a local education authority in England;

(b)
the Young People’s Learning Agency for England;

Report Stage Proceedings: 5 May 2009
209

Apprenticeships, Skills, Children and Learning Bill, continued

(c)
any other person specified in an order made by the Secretary of

State;

“the TUPE regulations” means the Transfer of Undertakings (Protection of

Employment) Regulations 2006 (S.I. 2006/246).’.

Michael Gove

Mr David Willetts

Mr Nick Gibb

Mr John Hayes

Mrs Maria Miller

Bill Wiggin

Not called  NS1

To move the following Schedule:—

‘the chief executive of academies

Status

9    (1)
The Chief Executive of Academies is to perform the functions of the office on

behalf of the Crown.

      (2)
The person for the time being holding the office of Chief Executive of

Academies is by the name of that office to be a corporation sole.

Tenure of office and terms of appointment

10  (1)
The Secretary of State may remove the Chief Executive of Academies from

office on the grounds of inability or unfitness to carry out the functions of the

office.

      (2)
The Chief Executive of Academies may resign at any time by giving written

notice to the Secretary of State.

      (3)
Otherwise, the Chief Executive of Academies holds and vacates office in

accordance with the terms of appointment to that office (which may include

provision for dismissal).

      (4)
Service as Chief Executive of Academies is to be service in the civil service of

the State.

Staff

11  (1)
The Chief Executive of Academies may appoint staff.

      (2)
Service as a member of the Chief Executive of Academy’s staff is to be service

in the civil service of the State.

      (3)
Subject to sub-paragraph (2), the conditions of service of the staff appointed

by the Chief Executive of Academies are to be determined by the Chief

Executive of Academies.

Delegation

12  (1)
The Chief Executive of Academies may delegate any of the functions of the

office to—

(a)
a member of the Chief Executive of Academies’ staff appointed under

paragraph 3, or

Report Stage Proceedings: 5 May 2009
210

Apprenticeships, Skills, Children and Learning Bill, continued

(b)
a member of staff provided to the Chief Executive of Academies by

the Secretary of State under arrangements under paragraph 5.

      (2)
Any delegation under sub-paragraph (1) is to be to the extent, and on terms that

the Chief Executive of Academies determines.

Arrangements with Secretary of State

13
The Secretary of State and the Chief Executive of Academies may enter into

arrangements with each other for the provision to the Chief Executive of

Academies by the Secretary of State, on such terms as may be agreed, of staff,

accommodation or services.

Funding

14  (1)
The Secretary of State may make grants to the Chief Executive of Academies.

      (2)
Grants to the Chief Executive of Academies 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—

(a)
set the Chief Executive of Academies’ budget for any financial year;

(b)
require the Chief Executive of Academies to use the grant for specified

purposes;

(c)
require the Chief Executive of Academies to comply with specified

requirements in respect of a person 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 Chief Executive of Academies provides

specified financial resources, the Chief Executive of Academies is to impose

specified conditions.

Reports

15  (1)
As soon as reasonably practicable after the end of each financial year the Chief

Executive of Academies must prepare an annual report for the financial year.

      (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.