2009167.21-26

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

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(4)
In subsection (6), at the appropriate place insert—

““apprenticeship” includes employment and training leading

to the issue of an apprenticeship certificate under section 1

or 2 of the Apprenticeships, Skills, Children and Learning

Act 2009;”.”
Clause 254
159
Page 157, line 11, leave out “subsection (6)” and insert “subsections (6) to (6B)”
160
Page 157, line 13, leave out “37 or”
161
Page 157, line 17, at end insert—

“(za)
regulations under section (Meaning of “completing an English

apprenticeship”)(5);”
162
Page 157, line 20, at end insert—

“(ca)
an order under section (Power to determine minimum

requirements)(1);”
163
Page 157, line 22, leave out paragraph (e)
164
Page 157, line 25, at end insert—

“(6A)
Subsections (5) and (6) do not apply to a statutory instrument which

contains only—

(a)
an order revoking an order under section (Power to determine

minimum requiremements)(1), or

(b)
an order amending an order under section (Power to determine

minimum requirements)(1) for the purpose only of removing a

qualification or description of qualification from the application of

the order.

(6B)
A statutory instrument within subsection (6A) must be laid before

Parliament.”
165
Page 157, line 26, at beginning insert “Subject to subsection (7A),”
166
Page 157, line 29, at end insert—

“(7A)
A statutory instrument which contains (whether alone or with other

provision) regulations under section (Meaning of “completing a Welsh

apprenticeship”)(5) may not be made unless a draft of the instrument has

been laid before, and approved by a resolution of, the National Assembly

for Wales.”
Clause 255
167
Page 157, line 43, leave out “by the Secretary of State”
168
Page 157, line 44, leave out “Secretary of State” and insert “person or body by

whom it is given”
Clause 261
169
Page 159, line 32, after “sections” insert “(Meaning of “completing a Welsh

apprenticeship”) and”
170
Page 159, line 37, leave out “50” and insert “51”

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171
Page 160, line 6, at end insert “(and the associated entry in Schedule 16)”
172
Page 160, line 9, leave out “and (i)” and insert “, (i) and (l)”
Schedule 1
173
Page 161, line 34, at end insert—

“
In section 236(3) (orders and regulations subject to affirmative

Parliamentary procedure), after “47C,” insert “63D, 63F(7),”.”
Schedule 2
174
Page 164, line 33, leave out paragraph 6 and insert—

“6  (1)
Section 312 (meaning of “special educational needs”, “learning

difficulty” etc) is amended as follows.

      (2)
In subsection (2) for the words from “subsection (3)” to “section 507B)”

substitute “subsections (3) and (3A)”.

      (3)
After subsection (3) insert—

“(3A)
Subsection (2) does not apply—

(a)
for the purposes of sections 15ZA, 15A, 15B and 507B, or

(b)
for the purposes of sections 18A and 562H (except for the

purpose of determining, for the purposes of those

sections, whether a child has special educational

needs).””
175
Page 164, line 34, at end insert—

“6A
In section 496 (power of Secretary of State to prevent unreasonable

exercise of functions) after subsection (4) (as inserted by section 214(1) of

this Act) insert—

“(5)
This section is subject to sections 508H and 509AE (complaints

about transport arrangements etc).”

6B
In section 497 (general default powers of Secretary of State) after

subsection (5) (as inserted by section 214(2) of this Act) insert—

“(6)
This section is subject to sections 508H and 509AE (complaints

about transport arrangements etc).”

6C
In section 497A (power of Secretary of State to secure proper

performance of LEA’s functions) at the end insert—

“(8)
This section is subject to sections 508H and 509AE (complaints

about transport arrangements etc).””
176
Page 165, line 15, leave out “and 508G” and insert “, 508G and 508H”
Schedule 3
177
Page 166, line 3, leave out “6” and insert “10”
178
Page 166, line 8, leave out sub-paragraph (3) and insert—

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    “(3)
In appointing the ordinary members, the Secretary of State must have

regard to the desirability of the ordinary members, taken together,

having experience relevant to—

(a)
the full range of the YPLA’s functions, and

(b)
any functions that may be conferred or imposed on the YPLA

under Academy arrangements.

      (4)
“Academy arrangements” has the meaning given by section 75(2).”
179
Page 166, line 38, after “The” insert “first”
180
Page 166, line 39, at end insert—

  “(1A)
Later chief executives are to be appointed by the YPLA, on conditions of

service determined by the YPLA.

    (1B)
The appointment and conditions of service of a later chief executive are

subject to the approval of the Secretary of State.”
Schedule 6
181
Page 178, line 25, leave out “to be treated, on and after that date,” and insert “, on

and after that date, to be treated for the purposes of subsection (2) of this section”
Schedule 8
182
Page 188, line 23, leave out “five” and insert “two”
183
Page 197, line 3, at end insert—

  “(2A)
Before exercising the power conferred by subsection (1) in relation to a

governing body, the responsible local education authority must consult

the governing body.”
184
Page 197, line 7, leave out “to be treated, on and after that date,” and insert “, on

and after that date, to be treated for the purposes of subsection (2) of this section”
185
Page 199, line 12, at end insert—

  “(2A)
Before exercising the power conferred by subsection (1) in relation to a

governing body, the YPLA must consult the governing body.”
186
Page 199, line 16, leave out “to be treated, on and after that date,” and insert “, on

and after that date, to be treated for the purposes of subsection (2) of this section”
Schedule 9
187
Page 202, line 5, at end insert—

  “(1A)
The person appointed by Her Majesty to chair Ofqual is to be known as

the Chief Regulator of Qualifications and Examinations (“the Chief

Regulator”).”
188
Page 202, line 6, leave out “The Secretary of State” and insert “Ofqual”
189
Page 202, line 7, leave out “person appointed to chair Ofqual” and insert “Chief

Regulator”
190
Page 202, line 7, at end insert—

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  “(2A)
Before appointing a person as an ordinary member, the Secretary of State

must consult the Chief Regulator or the deputy (subject to sub-

paragraph (2C)).

    (2B)
The Secretary of State may consult the deputy instead of the Chief

Regulator only if satisfied that—

(a)
it is not practicable to consult the Chief Regulator, and

(b)
it is necessary to make the appointment before it would be

practicable to do so.

    (2C)
The Secretary of State may appoint a person as an ordinary member

without consulting either the Chief Regulator or the deputy if satisfied

that—

(a)
it is not practicable to consult either of those persons, and

(b)
it is necessary to make the appointment before it would be

practicable to do so.”
191
Page 202, line 12, leave out sub-paragraphs (1) and (2)
192
Page 202, line 34, leave out “and other” and insert “may resign from office at any

time by giving written notice to Ofqual.

    (3A)
The”
193
Page 202, line 36, leave out from beginning to “thinks” in line 37 and insert “Ofqual

may remove the deputy from office if Ofqual”
194
Page 203, line 2, at end insert—

  “(5A)
Before removing an ordinary member from office, the Secretary of State

must consult the Chief Regulator or the deputy (subject to sub-

paragraph (5C)).

    (5B)
The Secretary of State may consult the deputy instead of the Chief

Regulator only if—

(a)
the ordinary member to be removed from office is not the

deputy, and

(b)
the Secretary of State is satisfied that—

(i)
it is not practicable to consult the Chief Regulator, and

(ii)
it is necessary to remove the ordinary member from office

before it would be practicable to do so.

    (5C)
The Secretary of State may remove an ordinary member from office

without consulting either the Chief Regulator or the deputy if satisfied

that—

(a)
if the ordinary member to be removed from office is the deputy,

sub-paragraph (5D) applies;

(b)
in any other case, sub-paragraph (5E) applies.

    (5D)
This sub-paragraph applies if—

(a)
it is not practicable to consult the Chief Regulator, and

(b)
it is necessary to remove the ordinary member from office before

it would be practicable to do so.

    (5E)
This sub-paragraph applies if—

(a)
it is not practicable to consult either the Chief Regulator or the

deputy, and

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(b)
it is necessary to remove the ordinary member from office before

it would be practicable to do so.”
Schedule 12
195
Page 222, line 39, after “provisions” insert “(other than provisions conferring or

imposing functions as mentioned in subsection (7)(a) or (b))”
196
Page 222, line 41, leave out from first “order” to end of line 43
197
Page 225, line 12, after “provisions” insert “(other than provisions conferring or

imposing functions on persons mentioned in subsection (2)(a) to (c))”
198
Page 225, line 14, leave out from first “order” to end of line 16
Schedule 13
199
Page 229, line 10, after “60” insert “on those grounds”
Schedule 16
200
Page 236, line 27, column 2, at end insert—

“In Schedule 7A—

(a)
in paragraph 1, the words “approved or”

and “approval or”, wherever occurring;

(b)
in paragraph 3(4), paragraph (a);

(c)
paragraphs 5(1), 6(1) and 7(1) and (2).”

201
Page 239, line 23, at end insert—

“Foundation degrees: Wales

Title
Extent of repeal

Further and Higher Education
In section 76(1)(b), the words “in England”.”

Act 1992 (c. 13)

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