2009167.6-9

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

6
35
Page 23, line 11, at beginning insert “persons in their area”
36
Page 23, line 11, leave out “or” and insert “and”
37
Page 23, line 12, at beginning insert “persons in their area”
38
Page 23, line 36, leave out from beginning to end of line 41
39
Page 24, line 24, leave out from “section” to end of line 25 and insert “(Meaning of

“completing an English apprenticeship”)(5) of that Act (meaning of “completing an

English apprenticeship”);”
40
Page 24, line 31, leave out from “The” to “not” in line 35 and insert “references in

subsection (1) to—

(a)
persons in a local authority’s area who are over compulsory school

age but under 19, and

(b)
persons in a local authority’s area who are aged 19 or over but

under 25 and are subject to learning difficulty assessment,


do”
Clause 43
41
Page 26, line 1, at end insert—

“(3A)
Before giving a notice under subsection (2) imposing a requirement on a

governing body, a local education authority must consult—

(a)
the governing body, and

(b)
such other persons as the authority think appropriate.”
Clause 44
42
Page 27, line 43, leave out “subject” and insert “additional entitlement area”
Clause 47
43
Page 29, line 21, leave out “children” and insert “persons”
44
Page 29, line 46, after “person” insert “(“P”)”
45
Page 29, line 47, leave out from beginning to end of line 2 on page 30 and insert

“within subsection (5A).

(5A)
The information within this subsection is—

(a)
information provided under section 562E by a local education

authority as to the level of P’s literacy and numeracy skills;

(b)
any other information provided under section 562E by P’s home

authority (within the meaning of Chapter 5A of Part 10) for the

purpose of assisting a determination such as is mentioned in

subsection (5).”
Clause 49
46
Page 31, line 9, at end insert—

“(1A)
The power conferred by subsection (1) may not be exercised to modify the

application of a provision of this Act if—

(a)
the provision makes special provision in relation to detained

persons, or a description of detained persons,

7

(b)
the application of the provision in relation to detained persons, or a

description of detained persons, is excluded by provision made by

this Act, or

(c)
the provision has effect in relation to detained persons, or a

description of detained persons, subject to modifications made by

this Act.”
47
Page 31, line 35, leave out “any” and insert “—

(a)
any information provided under section 562E by a local education

authority as to the level of the person’s literacy and numeracy skills;

(b)
any other”
48
Page 32, line 24, at end insert—

“562DA
Literacy and numeracy assessments

(1)
This section applies in relation to a detained person who is detained in

particular relevant youth accommodation.

(2)
The host authority must arrange for the level of the detained person’s

literacy and numeracy skills to be assessed as soon as reasonably

practicable after the beginning of the period during which the person is

detained in that accommodation.

(3)
Subsection (2) does not apply if the authority are satisfied that they have

evidence of the current level of the person’s literacy and numeracy skills.

(4)
The “current level” of a detained person’s literacy and numeracy skills is

the level of those skills at the beginning of the period during which the

person is detained in the relevant youth accommodation in question.”
49
Page 33, line 15, at end insert—

“(6A)
Subsection (6B) applies in relation to a detained person if it appears to the

host authority that the person is to be released from detention in relevant

youth accommodation.

(6B)
The host authority must provide to the home authority any information

they hold which—

(a)
relates to the detained person, and

(b)
may be relevant for the purposes of, or in connection with, the

provision of education or training for the detained person after the

release.

(6C)
The information required to be provided under subsection (6B) must be

provided at such time as the host authority think reasonable for the

purpose of enabling education or training to be provided for the detained

person after the release.

(6D)
Nothing in subsections (6A) to (6C) requires the host authority to provide

to the home authority information which it appears to the host authority

that the home authority already have.”
50
Page 35, line 10, leave out “that” and insert “such”
51
Page 35, line 15, leave out from second “accommodation” to end of line 17
52
Page 35, line 18, at end insert—

““detained person” has the meaning given by section 562A(2);”

8
53
Page 35, line 40, at end insert—

“(1A)
For the purposes of the definition of “beginning of the detention” in

subsection (1), it is immaterial whether or not a period of detention is

pursuant to a single order.”
Clause 51
54
Page 37, line 21, leave out from “accommodation” to end of line 23
55
Page 37, line 24, at end insert—

“(4A)
For the purposes subsection (4), it is immaterial whether or not a period of

detention is pursuant to a single order.”
Before Clause 52
56
Insert the following new Clause—

“Provision of transport etc for persons of sixth form age: duty to have regard to

section 15ZA duty

In section 509AB(3) of the Education Act 1996 (provision of transport etc for

persons of sixth form age in England: matters to which LEAs must have

regard) after paragraph (b) insert—

“(ba)
what they are required to do under section 15ZA(1) in

relation to persons of sixth form age,”.”
Clause 54
57
Page 38, line 34, leave out “mentioned in that subsection” and insert “of the

arrangements specified under the subsection in question”
58
Page 39, line 20, after “local” insert “education”
59
Page 39, line 25, leave out subsections (3) to (5)
Clause 55
60
Page 40, line 20, at end insert—

“(4A)
In considering what arrangements it is necessary to make under subsection

(1) in relation to relevant young adults, a local education authority must

have regard to what they are required to do under section 15ZA(1) in

relation to those persons.”
61
Page 41, line 1, leave out “certain young adults” and insert “young adults subject

to learning difficulty assessment”
62
Page 41, leave out lines 35 to 37
63
Page 42, line 2, at end insert—

“508GA
Guidance: sections 508F and 508G

In making arrangements under section 508F(1) and preparing and

publishing a statement under section 508G, a local education authority

9

must have regard to any guidance issued by the Secretary of State under

this section.”
64
Page 42, line 2, at end insert—

“508H
Complaints about transport arrangements etc for young adults subject to

learning difficulty assessment: England

(1)
A local education authority may revise a statement prepared under section

508G to change any matter specified under subsection (3) of that section if,

as a result of a relevant young adult transport complaint, they have come

to consider the change necessary for a purpose mentioned in section

508F(2) or (3).

(2)
A local education authority must revise a statement prepared under section

508G to change any matter specified in subsection (3) of that section if, as a

result of a relevant young adult transport complaint, the Secretary of State

has directed them to do so.

(3)
An authority that revise a statement under subsection (1) or (2) must

publish the revised statement and a description of the revision as soon as

practicable.

(4)
The Secretary of State need not consider whether to exercise any power

under sections 496 to 497A (powers to prevent unreasonable exercise of

functions, etc) or subsection (2) of this section in response to a matter that

is, or could have been, the subject of a relevant young adult transport

complaint made to him or her unless satisfied that—

(a)
the matter has been brought to the notice of the local education

authority concerned, and

(b)
the authority have had a reasonable opportunity to investigate the

matter and respond.

(5)
In this section “relevant young adult transport complaint” means a

complaint that is—

(a)
about a local education authority’s exercise of, or failure to exercise,

a function under section 508F or 508G in relation to relevant young

adults, and

(b)
made by a person who is, or will be, a relevant young adult when

the matter complained of has effect, or by a parent of such a person,


and “relevant young adult” has the meaning given in section 508F.

(6)
For the purposes of sections 508G(8) and 508GA, the revision of a statement

under this section is to be treated as the preparation of a statement under

section 508G.

(7)
Where a local education authority have published in a single document a

statement prepared under section 509AA and a statement prepared under

508G, the requirement to publish a revised statement under subsection (3)

is to be treated as a requirement to publish a version of the document that

includes the revised statement.”
Clause 59
65
Page 43, line 43, leave out from “resources” to end of line 2 on page 44