2009167.10-13

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

10

Clause 63
66
Page 45, line 36, leave out “to a person providing” and insert “in respect of”
Clause 64
67
Page 46, line 11, at end insert—

“(4)
In exercising its powers under subsection (1) in relation to persons who are

within section 15ZA(1)(a) or (b) of the Education Act 1996, the YPLA must

have regard to things done by local education authorities in the

performance of their duties under section 15ZA(1) of that Act.

(5)
In exercising its powers under this section in relation to persons subject to

youth detention, the YPLA must have regard to things done by local

education authorities in the performance of their duties under section

18A(1) of the Education Act 1996.”
Clause 65
68
Page 46, line 26, leave out from “YPLA” to end of line 27 and insert “may give a

direction under this section only with the approval of the Secretary of State.”
69
Page 46, line 28, leave out subsection (5)
Clause 70
70
Page 48, line 34, after “15ZA(1)” insert “, 15ZB, 15ZC(1)(b)”
71
Page 48, line 37, at end insert—

“(2A)
Before issuing guidance under subsection (1) the YPLA must consult—

(a)
local education authorities in England, and

(b)
such other persons as it thinks appropriate.”
Clause 75
72
Page 50, line 41, leave out subsection (4) and insert—

“(3A)
But Academy functions do not include—

(a)
the function of entering into an agreement under section 482(1) of

the Education Act 1996, or

(b)
functions of making, confirming or approving subordinate

legislation.

(3B)
Academy arrangements must include provision about the procedure for

complaints to be made to the Secretary of State about what the YPLA has

done, or failed to do, under the arrangements.”
73
Page 51, line 3, at end insert—

“( )
“Subordinate legislation” has the same meaning as in the Interpretation Act

1978 (c. 30) (see section 21(1) of that Act).”
Clause 78
74
Page 52, line 23, leave out “child” and insert “person”
75
Page 52, line 37, leave out “1(5)” and insert “(Meaning of “completing an English

11

apprenticeship”)(5)”
Clause 81
76
Page 55, line 9, leave out “1(5)” and insert “(Meaning of “completing an English

apprenticeship”)(5)”
Clause 84
77
Page 55, line 38, leave out from “requirements” to end of line 41 and insert “of

persons who are aged 19 or over, other than persons aged under 25 who are subject

to learning difficulty assessment,

(aa)
education suitable to the requirements of persons who are subject

to adult detention, and”
78
Page 55, line 42, leave out “such persons” and insert “persons within paragraphs

(a) and (aa)”
79
Page 56, line 24, leave out from “resources” to end of line 27
Clause 85
80
Page 57, line 28, leave out from “resources” to end of line 31
Clause 88
81
Page 59, line 12, after “84(1)(a)” insert “and (aa)”
82
Page 59, line 16, leave out “84(1)(a)(i)” and insert “84(1)(a)”
Clause 89
83
Page 59, line 29, leave out “scheme” and insert “offer”
84
Page 59, line 31, leave out “scheme” and insert “apprenticeship offer”
85
Page 59, line 40, leave out “scheme” and insert “offer”
86
Page 59, line 43, leave out from “resources” to end of line 4 on page 60
Clause 90
87
Page 60, line 7, leave out “or (3)” and insert “, (3) or (3A)”
88
Page 60, line 8, leave out “scheme” and insert “offer”
89
Page 60, line 10, leave out “may” and insert “is entitled to”
90
Page 60, line 10, leave out “scheme” and insert “offer”
91
Page 60, line 21, at end insert—

“(3A)
A person within this subsection is one who—

(a)
is not within subsection (2), and

(b)
is of a prescribed description.

(3B)
If regulations under subsection (3A)(b) describe a person by reference to an

age or an age range, the age, or the upper age of the age range, must be less

than 25.”

12
92
Page 60, line 22, leave out “scheme” and insert “offer”
93
Page 60, line 24, leave out “scheme” and insert “offer”
94
Page 60, line 25, leave out “scheme” and insert “offer”
Clause 91
95
Page 60, line 41, after second “the” insert “standard”
96
Page 60, line 42, leave out from “section” to “to” and insert “(Meaning of “completing

an English apprenticeship”)(3) in relation”
97
Page 61, line 1, leave out “English”
98
Page 61, line 4, leave out “principal” and insert “competencies”
Clause 92
99
Page 61, line 19, leave out “scheme” and insert “offer”
100
Page 61, line 22, leave out “scheme” and insert “offer”
101
Page 61, line 24, leave out “scheme” and insert “offer”
Clause 93
102
Page 62, line 4, leave out “scheme” and insert “offer”
103
Page 62, line 12, leave out “scheme” and insert “offer”
104
Page 62, line 20, after “any” insert “specified”
105
Page 62, line 28, at end insert—

“(4A)
Regulations may make provision as to circumstances in which a person

who appears to the Chief Executive to have a learning difficulty is to be

treated as meeting the requirements set out in subsection (1)(a) or (2)(a).

(4B)
Subsections (7) and (8) of section 15ZA of the Education Act 1996 (meaning

of learning difficulty) apply for the purposes of subsection (4A) of this

section as they apply for the purposes of that section.”
Clause 94
106
Page 63, line 8, at end insert—

“(6A)
In forming an opinion for the purposes of any of subsections (3) to (6), the

Secretary of State must consult the Office of Qualifications and

Examinations Regulation.”
107
Page 63, line 13, at end insert—

“(9)
The Secretary of State must consult the Office of Qualifications and

Examinations Regulation before exercising the power conferred by

subsection (8).”
Clause 95
108
Page 63, line 15, leave out “scheme” and insert “offer”

13
109
Page 63, line 21, leave out “scheme” and insert “offer”
110
Page 63, line 22, leave out “scheme” and insert “offer”
Clause 97
111
Page 63, line 29, at end insert—

““apprenticeship agreement” has the meaning given by section 30(1);”
112
Page 63, leave out line 33
Clause 98
113
Page 64, line 27, at end insert—

“(1A)
In performing the functions under this section the Chief Executive must

make the best use of the Chief Executive’s resources.”
After Clause 102
114
Insert the following new Clause—

“Promoting progression from level 2 to level 3 apprenticeships

(1)
The Chief Executive must promote the desirability of persons within

subsection (2) undertaking apprenticeship training at level 3.

(2)
The persons are those who—

(a)
are undertaking apprenticeship training at level 2,

(b)
have completed an English apprenticeship in relation to an

apprenticeship framework at level 2, or

(c)
hold an apprenticeship certificate at level 2.

(3)
For the purposes of this section apprenticeship training is at a particular

level if it might reasonably be expected to lead to the issue of an

apprenticeship certificate at that level.

(4)
The following provisions of Chapter 1 of Part 1 apply for the purposes of

this section—

section (Meaning of “completing an English apprenticeship”) (meaning of

“completing an English apprenticeship”);

section 10 (meaning of apprenticeship framework and level of an

apprenticeship framework).

(5)
Section 93(4) (meaning of apprenticeship certificate and level of an

apprenticeship certificate) applies for the purposes of this section.”
Clause 112
115
Page 71, line 12, at end insert “, and

(b)
persons who are subject to adult detention.”
116
Page 71, line 19, leave out “or (b)” and insert “, (aa) or (b)”
Clause 118
117
Page 73, line 12, after “84(1)(a)” insert “or (aa)”