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Apprenticeships, Skills, Children and Learning Bill


NINTH
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN COMMITTEE


      The amendments have been marshalled in accordance with the Instruction of 10th June 2009, as follows—

Clauses 126 to 166
Schedule 10
Clause 168
Schedule 11
Clauses 169 to 184
Clauses 167 and 185
Schedule 12
Clauses 186 to 196
Schedule 13
Clauses 197 and 198
Schedule 14
Clauses 199 to 220
Schedule 15
Clauses 221 to 258
Schedule 16
Clauses 259 to 262

[Amendments marked * are new or have been altered]

Amendment
No.

 

Clause 126

 

BARONESS WALMSLEY

 

BARONESS SHARP OF GUILDFORD

244Page 77, line 35, at end insert "and establish specific and measurable success criteria for each of its objectives"
244A[Withdrawn]
 

Clause 129

 

BARONESS WALMSLEY

 

BARONESS GARDEN OF FROGNAL

245Page 79, line 38, at end insert "and must establish, at the request of the applicant, arrangements for a review of that decision"
 

Clause 130

 

BARONESS WALMSLEY

 

BARONESS GARDEN OF FROGNAL

246Page 80, line 17, after "consult" insert "relevant recognised awarding bodies and"
 

Clause 131

 

BARONESS WALMSLEY

 

BARONESS GARDEN OF FROGNAL

247Page 80, line 30, after "consult" insert "relevant recognised awarding bodies and"
 

Clause 132

 

BARONESS PERRY OF SOUTHWARK

248Page 80, line 35, leave out paragraph (a)
249Page 80, line 37, leave out subsection (2)
250Page 81, line 7, leave out paragraph (b)
 

Clause 133

 

BARONESS WALMSLEY

 

BARONESS SHARP OF GUILDFORD

251Page 81, line 9, at end insert—
"(   )  Ofqual may only impose a fee capping condition if—
(a)  it has conducted a review of any aspect of the market for qualifications,
(b)  it has concluded on the basis of its review that a feature, or combination of features, of the market prevents, restricts or distorts competition in relation to a particular qualification or type of qualification, and
(c)  it is satisfied that imposing a fee capping condition in respect of a particular qualification or type of qualification will remedy or prevent any adverse effects on competition identified."
 

After Clause 133

 

BARONESS WALMSLEY

 

BARONESS SHARP OF GUILDFORD

251AInsert the following new Clause—
  "Reference to the Competition Commission
(1)  A recognised body may, within one month of the completion of a review of a decision to impose a fee capping condition, request Ofqual to make a reference to the Competition Commission.
(2)  Where a recognised body requests Ofqual to make a reference to the Competition Commission under subsection (1), Ofqual shall make the reference and shall not implement the fee capping condition until the Competition Commission has issued its report on the reference.
(3)  A reference to the Competition Commission under this section shall require the Competition Commissioner to investigate and report on whether—
(a)  a feature or combination of features of the market for qualifications prevents, restricts or distorts competition in relation to the particular qualification or type of qualification; and
(b)  it is satisfied that imposing a fee capping condition in respect of the qualification or type of qualification will remedy or prevent any adverse effects on competition identified.
(4)  Prior to issuing its report on the reference, the Competition Commission must give notice to the recognised body of its provisional conclusions.
(5)  The notice under subsection (4) must—
(a)  set out the Competition Commission's reasons for its provisional conclusions; and
(b)  specify the period during which, and the way in which, the recognised body may make representations about the provisional conclusions.
(6)  The Competition Commission must have regard to any representations made by the recognised body during the period specified in the notice before issuing its report.
(7)  The Competition Commission shall publish its report on the reference within six months of the date of receiving the reference.
(8)  Before publishing such a report, the Competition Commission must exclude any matter which relates to the affairs of a particular person the publication of which, in the opinion of the Competition Commission, would or might seriously and prejudicially affect that person's interests.
(9)  Ofqual shall give effect to the conclusions of the Competition Commission in its report."
 

Clause 134

 

BARONESS VERMA

 

LORD DE MAULEY

 The above-named Lords give notice of their intention to oppose the Question that Clause 134 stand part of the Bill.
 

Clause 136

 

BARONESS WALMSLEY

 

BARONESS SHARP OF GUILDFORD

252Page 83, line 2, at end insert "and must establish, at the request of the applicant, arrangements for the review of that decision as set out in section 133(4)"
 

Clause 137

 

BARONESS WALMSLEY

 

BARONESS GARDEN OF FROGNAL

253Page 83, line 9, after "consult" insert "relevant recognised awarding bodies and"
 

BARONESS WALMSLEY

 

BARONESS SHARP OF GUILDFORD

254Page 83, line 19, leave out "may" and insert "must"
 

Clause 138

 

VISCOUNT ECCLES

255Page 83, line 24, leave out "make a determination specifying" and insert "by regulations specify"
 

LORD BEW

 

BARONESS O'NEILL OF BENGARVE

 

BARONESS PERRY OF SOUTHWARK

 

BARONESS WALMSLEY

255APage 83, line 26, at end insert "provided that Ofqual reports that this does not affect standards"
 

BARONESS VERMA

 

LORD DE MAULEY

255BPage 83, line 26, at end insert "provided that Ofqual reports that this does not lower standards"
 

BARONESS PERRY OF SOUTHWARK

 

BARONESS O'NEILL OF BENGARVE

256Page 83, line 26, at end insert—
"(   )  Before issuing a determination under subsection (1), the Secretary of State has a duty to consult with all relevant organisations and the Secretary of State may seek advice on who is likely to be affected."
 

BARONESS PERRY OF SOUTHWARK

257Page 83, line 26, at end insert—
"(   )  The Secretary of State must give a notice period of a minimum of three months when publishing a determination under subsection (1)."
 

BARONESS WALMSLEY

 

BARONESS SHARP OF GUILDFORD

 The above-named Lords give notice of their intention to oppose the Question that Clause 138 stand part of the Bill.
 

Clause 140

 

BARONESS WALMSLEY

 

BARONESS GARDEN OF FROGNAL

258Page 85, line 29, after "consult" insert "relevant recognised awarding bodies and"
 

Clause 143

258A[Withdrawn]
 

BARONESS WALMSLEY

 

BARONESS SHARP OF GUILDFORD

259Leave out Clause 143 and insert the following new Clause—
  "Review of activities of recognised bodies
(1)  Ofqual may investigate any reasonable concerns regarding the connected activities of a recognised body.
(2)  An activity of a recognised body is a connected activity if Ofqual considers that it directly and materially impacts upon—
(a)  the effective and fair operation of the qualification system, or
(b)  the credibility of the award or authentication by the body of any qualification in respect of which it is recognised."
 

Clause 145

 

BARONESS WALMSLEY

 

BARONESS GARDEN OF FROGNAL

260Page 87, line 4, at end insert "including directing the recognised body to set a specific standard in a particular qualification on a particular occasion if this appears necessary to Ofqual in order to meet the standards objective specified in section 125(2)(b)"
 

After Clause 150

 

LORD LUCAS

261Insert the following new Clause—
  "Allocation of points
  Ofqual shall determine the number of points to be allocated in respect of each grade of each regulated qualification in any performance tables published under the auspices of the Secretary of State."
262Insert the following new Clause—
  "Transparency and accountability
  Ofqual shall publish on the internet a summary of all judgements and determinations that it makes, and of the reasons for them."
263Insert the following new Clause—
  "Joint Advisory Committee for Qualifications
(1)  Ofqual shall be responsible for the day to day running of the Joint Advisory Committee for Qualifications ("JACQA").
(2)  The Secretary of State may direct JACQA not to fund particular qualifications that have been approved by Ofqual, or may specify conditions which must be met before such funding is granted; and the Secretary of State shall publish his reasons for any such instructions."
 

Clause 154

 

BARONESS WALMSLEY

 

BARONESS SHARP OF GUILDFORD

264Page 91, line 38, at end insert—
"(   )  In reporting its conclusions on reviews conducted under this section, Ofqual shall not be bound to have regard to government policies in relation to assessment arrangements."
 

Clause 164

 

BARONESS WALMSLEY

 

BARONESS SHARP OF GUILDFORD

265Page 95, line 29, at end insert "against those objectives set out in section 125(1) and how it intends to fulfil these over the next 12 months"
266Pge 95, line 33, at end insert—
"(   )  If any guidance by the Secretary of State under section 138(1) were in place during the reporting period, the annual report must include a description of that determination."
267Page 95, line 33, at end insert—
"(   )  If guidance was provided by the Secretary of State under section 133(7) (fee-capping) during the reporting period, the annual report must include a description of that guidance."
268Page 95, line 33, at end insert—
"(   )  Each annual report should contain a description of the nature and extent of any consultation undertaken by Ofqual with statutory consultees during the reporting period."
268APage 95, line 33, at end insert—
"(   )  In preparing its annual report, Ofqual must take into consideration any report published by Parliament or by the Northern Ireland Assembly commenting on how it has performed its functions."
269Page 96, line 8, at end insert—
"(   )  Ofqual shall conduct public consultations on its plans for each year and, before each financial year, publish and lay before Parliament an annual plan containing a statement of its main objectives and priorities for the following year."
269A[Re-tabled as Amendment 276ZZA]
 

Clause 168

 

BARONESS VERMA

 

LORD DE MAULEY

 

LORD LUCAS

 The above-named Lords give notice of their intention to oppose the Question that Clause 168 stand part of the Bill.
 

Schedule 11

 

BARONESS WALMSLEY

 

BARONESS SHARP OF GUILDFORD

269BPage 207, line 33, leave out "8 and 13" and insert "12 and 15"
269CPage 208, line 4, at end insert—
"(3)      The Secretary of State shall include among the members of the QCDA—
(a)  persons who appear to him to have experience of, and to have shown capacity in, the provision of education, or to have held, and to have shown capacity in, any position carrying responsibility for the provision of education;
(b)  persons who appear to him to have experience of, and to have shown capacity in, the provision of training or to have held, and to have shown capacity in, any position carrying responsibility for the provision of training; and
(c)  who appear to him to have experience of, and to have shown capacity in, industrial, commercial or financial matters or the practice of any profession.
(4)      At least two-thirds of the members of the QCDA shall be in categories under sub-paragraph (3)(a) and (b)."

 
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16 October 2009