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Apprenticeships, Skills, Children and Learning Bill


SEVENTH
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 61 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 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 64

 

BARONESS SHARP OF GUILDFORD

 

BARONESS GARDEN OF FROGNAL

155APage 46, line 7, at end insert—
"(   )  In securing such education or training, the YPLA shall work closely with the relevant local education authorities and their regional partners."
 

BARONESS VERMA

 

LORD DE MAULEY

155BPage 46, line 11, at end insert—
"(   )  The YPLA may arbitrate and decide on sixth form provision in academies where there is local disagreement."
 

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,"
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 70

 

BARONESS SHARP OF GUILDFORD

 

BARONESS GARDEN OF FROGNAL

161APage 48, line 33, leave out "issue guidance to" and insert "consult with"
161BPage 48, line 35, at end insert "and may issue guidance in respect of these duties"
 

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.
169ZA[Withdrawn]
 

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.
 

After Clause 79

 

BARONESS VERMA

 

LORD DE MAULEY

169ZBInsert the following new Clause—
  "Review of Academies' legislation
  The Secretary of State must, no later than 12 months after the commencement of this Act, conduct a review of existing legislation in relation to Academies, and lay a report of this review before Parliament."
169ZCInsert the following new Clause—
  "Duty to consult
  Before exercising functions conferred by Part 4 of this Act, the Chief Executive of the Skills Funding Agency has a duty to consult local authorities about issues relating to their educational, training and skills needs."
169ZDInsert 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."
 

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"
171[Re-tabled as Amendment 169ZD]
 

Clause 80

 

BARONESS VERMA

 

LORD DE MAULEY

172Page 53, line 18, leave out subsection (2)
 

BARONESS VERMA

 

LORD DE MAULEY

 

LORD RAMSBOTHAM

173Page 53, line 27, at end insert—
"(   )  requiring the Chief Executive to secure that the person designated under subsection (1) is responsive to employers' needs in relation to the provision of apprenticeships"
 

BARONESS SHARP OF GUILDFORD

 

BARONESS WALMSLEY

 The above-named Lords give notice of their intention to oppose the Question that Clause 80 stand part of the Bill.
 

Clause 81

 

BARONESS SHARP OF GUILDFORD

 

BARONESS WALMSLEY

174Page 54, line 26, leave out "Chief Executive" and insert "NAS"
174A[Withdrawn]
 

EARL OF LISTOWEL

 

BARONESS SHARP OF GUILDFORD

175Page 54, line 30, at end insert ", or
(   )  who are aged 19 or over but under 25 and are care leavers"
 

BARONESS VERMA

 

LORD DE MAULEY

175APage 54, line 30, at end insert—
"(   )  The Chief Executive must have regard to the provision of appropriate facilities which are suitable to the needs of the young person for whom apprenticeship training is provided."
 

BARONESS SHARP OF GUILDFORD

 

BARONESS WALMSLEY

176Page 54, line 32, leave out "Chief Executive" and insert "NAS"
177Page 54, line 38, leave out "Chief Executive" and insert "NAS"
 

BARONESS VERMA

 

LORD DE MAULEY

178Page 55, line 6, at end insert "that includes specific requirements for supervised training in the workplace"
 

Clause 82

 

BARONESS SHARP OF GUILDFORD

 

BARONESS WALMSLEY

179Page 55, line 11, leave out "Chief Executive" and insert "NAS"
180Page 55, line 12, leave out "Chief Executive" and insert "NAS"
 

Clause 83

 

BARONESS SHARP OF GUILDFORD

 

BARONESS WALMSLEY

181Page 55, line 23, leave out "Chief Executive" and insert "NAS"
 

BARONESS SHARP OF GUILDFORD

 

BARONESS GARDEN OF FROGNAL

182Page 55, line 23, at end insert ", in conjunction with those persons designated in section 11(1)(b) to issue apprenticeship frameworks in particular sectors"
183Page 55, line 24, after "employers" insert "and their representatives"
 

BARONESS SHARP OF GUILDFORD

 

BARONESS WALMSLEY

184Page 55, line 25, leave out "Chief Executive's" and insert "NAS's"
185Page 55, line 28, leave out "Chief Executive's" and insert "NAS's"

 
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13 October 2009