Apprenticeships, Skills, Children and Learning Bill—
Amendments to be debated in the House of Lordscontinued

House of Lords

back to previous amendments

 

Before Clause 57

 

LORD RIX

 

LORD LOW OF DALSTON

 

BARONESS SHARP OF GUILDFORD

143Insert the following new Clause—
"Duty of local education authority to assess provision for learners with learning difficulties in its area
(1)  An English local education authority must prepare assessments of the sufficiency of the provision of suitable education for learners with learning difficulties (within the meaning of section 15ZA(7) and (8)) in its area ("LDD provision assessments").
(2)  The first LDD provision assessment must be prepared before the end of the period of one year beginning with the commencement of this section.
(3)  Subsequent LDD provision assessments must be prepared at intervals not exceeding three years.
(4)  The authority must keep an LDD provision assessment prepared by them under review until the LDD provision assessment is superseded by a further LDD provision assessment.
(5)  Regulations may make provision requiring an LDD provision assessment—
(a)  to deal with prescribed matters or be prepared according to prescribed criteria;
(b)  to be in the prescribed form, and in a manner that can be understood by young people with disabilities and learning difficulties;
(c)  to be published in the prescribed manner.
(6)  In preparing an LDD provision assessment and keeping it under review, an English local authority must—
(a)  consult such persons, or persons of such a description, as may be prescribed including young people with disabilities and learning difficulties, and
(b)  have regard to any guidance given from time to time by the Secretary of State."
 

Clause 58

 

BARONESS VERMA

 

LORD DE MAULEY

144Page 42, line 29, leave out subsection (1) and insert—
"(   )  There is to be a body which is part of the Skills Funding Agency known as the Young People's Learning Agency for England."
145Page 42, line 31, at end insert—
"(   )  The YPLA is not permitted to employ more than 500 people in total."
 

BARONESS VERMA

 

LORD DE MAULEY

 

BARONESS SHARP OF GUILDFORD

 The above-named Lords give notice of their intention to oppose the Question that Clause 58 stand part of the Bill.
 

After Clause 58

 

BARONESS VERMA

 

LORD DE MAULEY

146Insert the following new Clause—
  "Commission to report on costs of abolition of the Learning and Skills Council
(1)  The Secretary of State shall establish a Commission to report on the costs involved in abolishing the Learning and Skills Council and establishing the Young People's Learning Agency and the office of Chief Executive of Skills Funding.
(2)  The Commission shall consist of a chairman and no more than three other members.
(3)  The Commission shall report to the Secretary of State within a period of six months of the date on which this Act is passed.
(4)  The Secretary of State shall publish the report submitted to him under subsection (3)."
 

Clause 59

 

BARONESS VERMA

 

LORD DE MAULEY

147Page 43, line 5, at beginning insert "Under guidance from the Chief Executive of the Skills Funding Agency,"
148Page 43, line 17, at beginning insert "Under guidance from the Chief Executive of the Skills Funding Agency,"
149Page 43, line 27, at beginning insert "Under guidance from the Chief Executive of the Skills Funding Agency,"
 

BARONESS PERRY OF SOUTHWARK

149A*Page 43, line 44, at end insert—
"(   )  The YPLA must also ensure that it has an appropriate committee structure to oversee financial provisions for capital building projects for further education and sixth form colleges."
 

BARONESS VERMA

 

LORD DE MAULEY

150Page 44, line 3, at beginning insert "Under guidance from the Chief Executive of the Skills Funding Agency,"
151Page 44, line 9, at beginning insert "Under guidance from the Chief Executive of the Skills Funding Agency,"
 

BARONESS SHARP OF GUILDFORD

 

BARONESS GARDEN OF FROGNAL

152Page 44, line 21, at end insert—
"(   )  Financial resources provided by the YPLA under subsection (1)(b) must be used solely for this purpose."
153Page 44, line 21, at end insert—
"(   )  The YPLA shall ensure that by 2010-11 the funding base rates per standard learner number for school sixth forms and further education colleges are equivalent."
 

Clause 61

 

BARONESS VERMA

 

LORD DE MAULEY

154Page 45, line 19, at end insert—
"(   )  The YPLA must consult with the following when adopting or developing schemes as set out in subsection (1)—
(a)  the Skills Funding Agency;
(b)  a local education authority in England; and
(c)  Ofsted."
 

LORD LOW OF DALSTON

 

BARONESS SHARP OF GUILDFORD

155Page 45, line 19, at end insert—
"(   )  The YPLA must establish a quality control framework which includes—
(a)  learners;
(b)  parents;
(c)  organisations representing learners."
 

Clause 65

 

BARONESS SHARP OF GUILDFORD

 

BARONESS WALMSLEY

156Page 46, line 21, leave out "YPLA" and insert "Secretary of State, upon receipt of a recommendation from the YPLA, may"
157Page 46, line 26, leave out subsection (4)
158Page 46, line 29, leave out "YPLA" and insert "Secretary of State"
 

BARONESS SHARP OF GUILDFORD

 

BARONESS GARDEN OF FROGNAL

159Page 46, line 29, at end insert—
"(   )  Persons providing, or proposing to provide, suitable education and training under section 59, may inform the YPLA if satisfied that a local education authority is failing, or likely to fail, to perform its duty under section 157ZA of the Education Act 1996 (c. 56)."
 

BARONESS SHARP OF GUILDFORD

 

BARONESS WALMSLEY

160Page 46, line 29, at end insert—
"(   )  A further education college may inform the YPLA if it is satisfied that a local education authority is failing, or is likely to fail, to perform its duty under section 15ZA of the Education Act 1996 (c. 56)."
 

After Clause 69

 

LORD LOW OF DALSTON

 

BARONESS SHARP OF GUILDFORD

161Insert the following new Clause—
  "Learning difficulty assessments
(1)  The YPLA must ensure that learning difficulty assessments are carried out by suitably qualified persons.
(2)  The YPLA must ensure that anyone requiring a learning difficulty assessment receives that assessment within 3 months of the requirement being identified."
 

Clause 75

 

BARONESS VERMA

 

LORD DE MAULEY

162Page 50, line 30, at end insert ", subject to the agreement of the relevant academy"
163Page 50, line 34, at end insert—
"(   )  For the purposes of subsection (2), "Academy arrangements" require the YPLA to support the objective of autonomy of academies wherever it is reasonable to do so."
164Page 50, line 34, at end insert—
"(   )  In exercising the functions in subsection (2), the YPLA must allow academies a right of appeal to the Secretary of State in circumstances where the governing body of an academy believes that a decision taken by the YPLA is unreasonable in the circumstances."
 

BARONESS SHARP OF GUILDFORD

 

BARONESS WALMSLEY

165Page 50, line 40, at end insert "but excluding the power conferred on the Secretary of State by section 482(1) of the Education Act 1996 (c. 56) (Academies)"
 

BARONESS VERMA

 

LORD DE MAULEY

166Page 50, line 41, leave out subsection (4)
 

BARONESS WALMSLEY

 

BARONESS SHARP OF GUILDFORD

167Page 51, line 1, leave out paragraph (a) and insert—
"(   )  an agreement entered into by him under section 482 of the Education Act 1996 (c. 56) (Academies);"
 

BARONESS VERMA

 

LORD DE MAULEY

168Page 51, line 2, at end insert "except any functions related to the monitoring and assessment of school performance"
 

BARONESS MORGAN OF DREFELIN

 

LORD YOUNG OF NORWOOD GREEN

169Page 51, line 3, at end insert—
"(   )  But Academy functions do not include functions of making, confirming or approving subordinate legislation.
(   )  "Subordinate legislation" has the same meaning as in the Interpretation Act 1978 (c. 30) (see section 21(1) of that Act)."
 

BARONESS VERMA

 

LORD DE MAULEY

 The above-named Lords give notice of their intention to oppose the Question that Clause 75 stand part of the Bill.
 

After Clause 77

 

LORD ROSSER

169ZA*Insert the following new Clause—
  "Academy agreements: trade union recognition
  In section 482(4) of the Education Act 1996 (c. 56) after paragraph (a) insert—
"(aa)  conditions and requirements imposed for the purpose of ensuring that organisations representing persons employed to work at the school are recognised for the purposes of collective bargaining on matters relating to terms and conditions of employment and otherwise for the purposes of consultation,"."
 

Clause 79

 

BARONESS VERMA

 

LORD DE MAULEY

 

BARONESS SHARP OF GUILDFORD

 

BARONESS WALMSLEY

 The above-named Lords give notice of their intention to oppose the Question that Clause 79 stand part of the Bill.
 

Schedule 4

 

BARONESS VERMA

 

LORD DE MAULEY

169APage 172, line 29, at end insert—
"(   )  The Chief Executive may not employ more than 1,800 people in total."
 

VISCOUNT ECCLES

170Page 175, line 3, leave out "and other management of and administrative"
 

Before Clause 80

 

BARONESS VERMA

 

LORD DE MAULEY

171Insert the following new Clause—
 "Skills Funding Agency
  The Skills Funding Agency
(1)  There is a to be a body corporate known as the Skills Funding Agency for England ("SFA") headed by a Chief Executive.
(2)  In this Part references to the "Chief Executive" refer to the Chief Executive of the SFA.
(3)  Except as provided for in section 104, 105 or 106, the Chief Executive is to perform the functions of the office in relation to England only."

 
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23 June 2009