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Apprenticeships, Skills, Children and Learning Bill


FIFTH
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 47 to 57
Schedule 2
Clause 58
Schedule 3
Clauses 59 to 79
Schedule 4
Clauses 80 to 85
Schedule 5
Clauses 86 to 120
Schedule 6
Clause 121
Schedule 7
Clause 122
Schedule 8
Clauses 123 and 124
Schedule 9
Clauses 125 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 47

 

BARONESS VERMA

 

LORD DE MAULEY

113BPage 29, line 11, at end insert ", and
(iii)  suitable for level 3 courses"
 

BARONESS GARDEN OF FROGNAL

 

BARONESS SHARP OF GUILDFORD

 

LORD RAMSBOTHAM

114Page 29, line 11, at end insert—
"(   )  sentence planning ensures that young people are able to return to school or college on release"
 

LORD LOW OF DALSTON

 

BARONESS SHARP OF GUILDFORD

 

LORD RAMSBOTHAM

115Page 29, line 11, at end insert—
"(   )  enough learning difficulty assessments are undertaken to meet the needs of persons over the compulsory school age but under 19 who have—
(i)  a learning difficulty;
(ii)  a disability;
(iii)  entered the youth justice system without having received a learning difficulty assessment"
116[Withdrawn]
 

BARONESS VERMA

 

LORD DE MAULEY

116APage 29, line 11, at end insert—
"(1A)  In deciding for the purposes of subsection (1) whether education or training is enough to meet persons' reasonable needs, a minimum of 30 hours per week of purposeful activity must be provided."
116BPage 29, line 11, at end insert—
"(1B)  For the purposes of subsection (1A) "purposeful activity" may include—
(a)  education and skills training,
(b)  vocational training,
(c)  substance abuse treatment,
(d)  physical and mental health treatment and education,
(e)  psychotherapy,
(f)  physical education,
(g)  reading."
 

BARONESS VERMA

 

LORD DE MAULEY

 

LORD RAMSBOTHAM

117Page 29, line 16, after "learning" insert "or language"
 

LORD LUCAS

 

LORD RAMSBOTHAM

118Page 29, leave out lines 20 to 24 and insert—
"(   )  the desirability of complementing the education which children subject to youth detention have received, and of preparing for the educational opportunities they may expect to receive upon release;"
 

BARONESS GARDEN OF FROGNAL

 

BARONESS SHARP OF GUILDFORD

 

LORD RAMSBOTHAM

119Page 29, line 27, at end insert—
"(   )  the desirability of suitable careers guidance for young people while in custody"
120Page 29, line 27, at end insert—
"(   )  any provision for assessment, accreditation and certification of achievement"
 

LORD LOW OF DALSTON

 

BARONESS SHARP OF GUILDFORD

 

LORD RAMSBOTHAM

121Page 29, line 27, at end insert—
"(   )  statutory guidance on assessments made under sections 139A and 140 of the Learning and Skills Act 2000"
 

LORD RAMSBOTHAM

 

BARONESS HOWE OF IDLICOTE

 

BARONESS GARDEN OF FROGNAL

 

LORD RAMSBOTHAM

122Page 29, line 27, at end insert—
"(   )  In meeting the requirements of subsection (2)(b), a local education authority must satisfy itself that it has taken the necessary steps to screen for, identify and professionally assess any learning difficulties that the person may have."
 

LORD ELTON

 

LORD RAMSBOTHAM

123Page 30, line 13, at end insert—
"(   )  In this section "reasonable needs" includes the need to communicate effectively in English."
 

BARONESS SHARP OF GUILDFORD

 

BARONESS GARDEN OF FROGNAL

 

LORD RAMSBOTHAM

124Page 30, line 13, at end insert—
"(   )  In performing the duty imposed by subsection (1), a local education authority must have regard to any existing Offenders' Learning and Skills Service contracts previously held with the Learning and Skills Council."
 

After Clause 47

 

BARONESS VERMA

 

LORD DE MAULEY

 

LORD RAMSBOTHAM

124AInsert the following new Clause—
  "Provision of educational courses for those persons detained in youth accommodation
(1)  In designing educational courses for those detained in youth accommodation the appropriate authority must have regard to the desirability to institute short, modular courses to teach basic literacy and numeracy.
(2)  These courses shall be between 2 and 8 weeks long.
(3)  These courses shall be designed as part of a national framework.
(4)  Particular areas may specialise in specific courses.
(5)  There must be a regulated assessment in order to assess and monitor progress."
124BInsert the following new Clause—
  "Basic reading assessment for persons subject to youth detention
(1)  The appropriate authority must carry out an assessment and make a record of those who cannot read when they enter youth detention.
(2)  The appropriate authority must also make a record of those who cannot read when they leave youth detention."
124CInsert the following new Clause—
  "Sentence planning for young offenders
(1)  Sentence planning must have regard to the suitability of provision of specific education or training courses in particular establishments.
(2)  The sentence planning must have regard to the fact that no young offender should be moved between establishments while attending a specific course of education or training."
 

Clause 48

 

LORD ELTON

 

BARONESS VERMA

 

LORD DE MAULEY

125Page 30, leave out lines 34 to 36
 

Clause 49

 

LORD ELTON

 

LORD RAMSBOTHAM

126Page 31, line 1, at end insert—
"(   )  Section 321 of the Education Act 1996 (c. 56) (general duty of local education authority toward children for whom they are responsible) is amended as follows.
(   )  After subsection (3)(d) insert—
"(e)  he is detained in relevant youth accommodation"."
127Page 31, leave out lines 7 to 9
128Page 31, line 16, at end insert—
  "562AA   Duty to establish and maintain a learning programme
(1)  It shall be the duty of the host authority to establish for each person referred to in subsection (2) of section 562A a personal learning programme (the personal learning programme) to be followed during the course of his detention.
(2)  It shall be the duty of the host authority to maintain for each such person, in the same document (their personal learning record) as their personal learning programme, a weekly record (the weekly learning record) of hours taught and progress made in each subject included in that programmme.
(3)  The personal learning programme and weekly learning record of such a person shall comprise parts 1 and 2 respectively of the same document, in the form prescribed by the appropriate national authority.
(4)  It shall be the duty of the host authority to transfer their personal learning record—
(a)  in the event of that person being transferred to another host authority, to that authority; or
(b)  in the event of their being released, to the host authority,
 and transfers made under paragraphs (a) and (b) shall be made in the manner and by the means prescribed by the appropriate national authorities."
 

LORD LOW OF DALSTON

 

BARONESS SHARP OF GUILDFORD

 

BARONESS HOWE OF IDLICOTE

129Page 31, line 26, at end insert—
"(   )  In carrying out the duty imposed by subsection (2), the home authority must have regard to any special educational needs or learning difficulties (within the meaning of section 15ZA(7) and (8)) the persons may have."
 

LORD ELTON

 

BARONESS VERMA

 

LORD DE MAULEY

130Page 31, line 32, at end insert—
"(   )  If the home authority receive a notification under section 562F(7) or G(3), (5) or (6), subsection (3) shall apply as if the words "where it appears to the home authority appropriate to do so" have been omitted from it."
131Page 31, line 36, at end insert—
"(   )  Where the home authority make any determination as to provisions under subsection (3), the authority must use best endeavours to secure that appropriate special educational provision is made for the person."
 

LORD LOW OF DALSTON

 

BARONESS SHARP OF GUILDFORD

 

BARONESS HOWE OF IDLICOTE

132Page 32, leave out lines 1 to 13 and insert—
"(   )  Education provided by the host authority must include the special education provision as set out in Part III of the child's statement of special educational needs."
 

LORD ELTON

 

BARONESS VERMA

 

LORD DE MAULEY

133Page 32, line 36, at end insert "and such information shall include information as to whether that person has been assessed for special educational needs and if so when the assessment was made and with what result"
134Page 33, line 18, at end insert—
  "562EA   Information to be provided under section 562E
(1)  Within three working days of the reception of a person for detention in relevant youth accommodation within its area, a host authority shall request from either—
(a)  if the person is received on remand or immediately after sentence, the home authority of that person; or
(b)  if the person is received from another host authority, that authority information under section 562E.
(2)  If the host authority is informed that the person has not been assessed for special educational needs, they shall arrange for that person to be assessed within one calendar month of receiving that information."
135Page 34, line 1, after "release" insert "not less than 14 days before it takes place"
 

LORD LUCAS

136Page 34, line 44, at end insert—
"562GAAcceptance of detained person
(1)  This section applies in relation to the detention of a person in relevant youth accommodation.
(2)  No person may be detained in such accommodation unless the management of that accommodation has been provided with a full assessment of the young person's educational attainments to date, and of any special educational needs."

 
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15 July 2009