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125
After Clause 27, insert the following new clause--
(".--(1) This section applies to relevant services provided in Wales in pursuance of arrangements made or directions given by the Secretary of State under section 10 of the Employment and Training Act 1973.
(2) The Chief Inspector shall, if requested to do so by the Secretary of State, arrange for any person providing, or arranging for the provision of, relevant services in accordance with such arrangements or directions to be inspected under this section.
(3) An inspection of any such person under this section shall consist of a review of the way in which he is discharging his responsibilities under or by virtue of the arrangements or directions in question, having regard to any guidance given by the Secretary of State with respect to the provision of relevant services.
(4) A request by the Secretary of State under this section may relate to one or more such persons, and shall specify both--
(a) the person or persons concerned, and
(b) the relevant services to which the inspection is to relate.
(5) Before making any such request the Secretary of State shall consult the Chief Inspector as to the matters to be specified in the request in accordance with subsection (4).
(6) Subsections (5) to (8) of section (Inspection of vocational training by HM Chief Inspector of Schools for Wales) shall apply in relation to an inspection under this section as they apply in relation to an inspection under that section.
(7) In this section--
"the Chief Inspector" means Her Majesty's Chief Inspector of Schools in Wales;
"relevant services" has the same meaning as in sections 8 and 9 of the Employment and Training Act 1973 (provision of careers services).").
Lord Whitty: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 125.
Moved, That the House do agree with the Commons in their Amendment No. 125.--(Lord Whitty.)
On Question, Motion agreed to.
126
After Clause 27, insert the following new clause--
(".--(1) Section 3 of the Further and Higher Education Act 1992 (functions with respect to part-time education and full-time education for those over 18) shall be amended as follows.
(2) For subsection (3) there shall be substituted--
"(3) A council may secure the provision of facilities for education within paragraph (a) or (b) of subsection (1) above--
(a) for the population of their area, where they are not required to do so by virtue of that subsection, or
(b) for other persons."
(3) In subsection (5), for "to which subsection (1) above applies" there shall be substituted "within paragraph (a) or (b) of subsection (1) above".").
Baroness Blackstone: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 126. This amendment clarifies the powers of the Further Education Funding Councils. Its effect is to confirm that councils have the power to secure the provision of facilities to further education outside Schedule 2 to the Further and Higher Education Act 1992. Broadly speaking, Schedule 2 covers those
The Further Education Funding Council has a duty to secure the provision of adequate facilities for this kind of FE. Non-Schedule 2 courses are those of a recreational nature and generally do not need formal qualifications. LEAs have a duty to secure provision of adequate facilities for non-Schedule 2 FE. They also have a power to secure a Schedule 2 provision. The effect of the amendment is to make it plain that the council, in addition to its duty to secure Schedule 2 provision, has the power to fund non-Schedule 2 provision which does alter the position established in 1992 that the duty to provide adequate non-Schedule 2 provision rests with the LEAs.
Moved, That the House do agree with the Commons in their Amendment No. 126.--(Baroness Blackstone.)
On Question, Motion agreed to.
127
After Clause 27, insert the following new clause--
(". Before section 60 of the Further and Higher Education (Scotland) Act 1992 there shall be inserted the following section--
59A.--(1) The Scottish Higher Education Funding Council and the Scottish Further Education Funding Council ("the councils") may, with the approval of the Secretary of State, enter into arrangements for the joint discharge of such of their functions as may be so approved.
(2) Without prejudice to the generality of subsection (1) above, arrangements under that subsection may include arrangements--
(a) for an individual to hold appointments as both--
(i) the chief officer of the Scottish Higher Education Funding Council under paragraph 2 of Schedule 7 to this Act; and
(ii) an equivalent officer under an order under section 7 of this Act establishing the Scottish Further Education Funding Council;
(b) for such functions to be carried out by--
(i) a joint committee of the councils,
(ii) a member of either of the councils, or
(iii) an officer or employee of the councils or of either of them;
(c) permitting the creation by the councils of a body corporate to carry out such of their functions to which such arrangements relate as the councils may delegate to it;
(d) for staff to be employed jointly by the councils;
(e) for the staff of either of the councils--
(i) to carry out such functions on behalf of the other council;
(ii) to be transferred to any body corporate created in accordance with such arrangements.
(3) Where a body corporate is created by virtue of subsection (2)(c) above--
(a) employment with that body shall be included among the kinds of employment to which a scheme under section 1 of the Superannuation Act 1972 can apply; and
(b) the councils shall pay to the Minister for the Civil Service, at such times as he may direct, such sums as he may determine in respect of the increase attributable to paragraph (a) above in the sums payable out of money provided by Parliament under that Act.
(4) In this section--
"functions" includes powers and duties; and
"joint committee" includes any sub-committee of such a committee.".").
Baroness Blackstone: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 127.
Moved, That the House do agree with the Commons in their Amendment No. 127.--(Baroness Blackstone.)
On Question, Motion agreed to.
128
After Clause 27, insert the following new clause--
(". In section 19(6) of the Disability Discrimination Act 1995 (meaning of "relevant body" for the purposes of section 19(5)), after paragraph (f) there shall be inserted--
"(ff) the Scottish Further Education Funding Council established by an order under section 7(1) of the Further and Higher Education (Scotland) Act 1992;".").
Baroness Blackstone: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 128.
Moved, That the House do agree with the Commons in their Amendment No. 128.--(Baroness Blackstone.)
On Question, Motion agreed to.
129
After Clause 27, insert the following new clause--
(".--(1) A relevant institution in England or Wales shall not, when making available (or offering to make available) educational services, do so under a name which includes the word "university" unless the inclusion of that word in that name is--
(a) authorised by or by virtue of any Act or Royal Charter, or
(b) approved by the Privy Council for the purposes of this section.
(2) A person carrying on such an institution shall not, when making available (or offering to make available) educational services through the institution, use with reference either to himself or the institution a name which includes the word "university" unless the inclusion of that word in that name is authorised or approved as mentioned in subsection (1).
(3) Subsection (1) or (2) applies where the educational services are made available, or (as the case may be) the offer to make such services available is made, in any part of the United Kingdom.
(4) For the purposes of subsection (1) or (2) the inclusion of the word "university" in any name shall not be taken to be authorised by or by virtue of a Royal Charter relating to a university by reason of any provision of the Charter with respect to--
(a) the affiliation or association of other institutions to the university, or
(b) the accreditation by the university of educational services provided by other institutions.
(5) In approving the inclusion of the word "university" in any name for the purposes of this section the Privy Council shall have regard to the need to avoid names which are or may be confusing.
(6) The Privy Council's power of approval under subsection (1) or (2) shall not be exercisable in a case where the inclusion of the word "university" in the name in question may be authorised by virtue of any other Act or any Royal Charter.
(7) In this section--
"relevant institution" means an institution within the further education sector or the higher education sector as defined by section 91(3) or (5) of the Further and Higher Education Act 1992;
"university", in the context of the reference in subsection (4) to a Royal Charter relating to a university, has the meaning given by section 90(3) of that Act.").
Baroness Blackstone: My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 129. I shall speak also to Amendments Nos. 130, 139, 147 and 151.
These amendments implement recommendations of the Dearing Report. Unfortunately, some institutions are using unofficial titles such as "university college" which have no clear meaning and are confusing to students and others. The Dearing Committee recommended action to put an end to this confusion. The amendments will prevent institutions in the further and higher education sectors in England and Wales from using unauthorised titles including the word "university".
The Dearing Committee also believed there was a place for a new category of "University College" for higher education institutions which fall short of full university status but have the power to award their own degrees. The Government accepted this recommendation but there are some technical obstacles to implementing it under the present legislation in England and Wales. The amendments remove these obstacles.
Moved, That the House do agree with the Commons in their Amendment No. 129.--(Baroness Blackstone.)
On Question, Motion agreed to.
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