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

House of Lords

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Clause 84

 

BARONESS SHARP OF GUILDFORD

 

BARONESS GARDEN OF FROGNAL

186Page 55, line 37, leave out "reasonable" and insert "proper"
187Page 56, line 3, leave out subsection (3) and insert—
"(   )  In performing its functions under this section, the Chief Executive must make the best use of its resources and in particular avoid provision that might give rise to disproportionate expenditure."
188Page 56, line 10, after first "of" insert "the views of employers and their representatives, including, where appropriate, those persons designated in section 11(1)(b) to issue apprenticeship frameworks in particular sectors, as to"
 

Clause 85

 

BARONESS VERMA

 

LORD DE MAULEY

188APage 57, line 11, leave out paragraph (b)
 

LORD RIX

189Page 57, line 29, at end insert—
"(   )  take account of the needs of persons with disabilities or learning difficulties"
 

Schedule 5

 

BARONESS SHARP OF GUILDFORD

 

BARONESS GARDEN OF FROGNAL

190Page 175, line 18, at end insert—
"(   )  an apprenticeship training"
191Page 175, line 19, at end insert "including an apprenticeship training"
192Page 175, line 19, at end insert—
 "      In paragraphs 1 and 2 "an apprenticeship training" shall be as specified in section 30."
193[Withdrawn]
194[Withdrawn]
195[Retabled as Amendment 215A]
 

Clause 86

 

BARONESS PERRY OF SOUTHWARK

196Page 58, line 12, leave out "25" and insert "30"
 

Clause 87

 

VISCOUNT ECCLES

197Page 58, line 34, leave out subsection (1)
 

Clause 88

 

BARONESS SHARP OF GUILDFORD

 

BARONESS GARDEN OF FROGNAL

198Page 59, leave out lines 12 to 23 and insert—
"(a)  encourage individuals to undergo post-19 education and training;
(b)  encourage employers to participate in the provision of post-19 education and training;
(c)  encourage employers to contribute to the costs of post-19 education and training;
(d)  monitor and report to the Secretary of State and Parliament on levels of participation in post-19 education and training"
 

Clause 89

 

VISCOUNT ECCLES

199Page 59, line 27, leave out from "to" to end of line 28 and insert "maximise the number of apprenticeship places available for as many persons as possible—"
 

LORD LAYARD

 

BARONESS BLACKSTONE

 

BARONESS MORRIS OF YARDLEY

200Page 59, line 29, leave out"scheme" and insert "entitlement"
 

LORD RIX

201Page 59, line 41, leave out subsections (4) and (5)
 

LORD LAYARD

 

BARONESS BLACKSTONE

 

BARONESS MORRIS OF YARDLEY

202Page 60, line 4, at end insert—
"(   )  The Chief Executive shall arrange that when a employer provides an apprenticeship place to a person aged under 19, the employer shall be paid a flat-rate sum in recognition of the costs involved in time off for off-the-job learning."
 

Clause 90

 

LORD LAYARD

 

BARONESS BLACKSTONE

 

BARONESS MORRIS OF YARDLEY

203Page 60, line 10, leave out "may" and insert "is entitled to"
 

LORD RIX

 

BARONESS WILKINS

204Page 60, line 13, at end insert "or is aged under 25 and has a learning difficulty"
205Page 60, line 13, at end insert—
"(   )  For the purposes of this section, a person has a learning difficulty if—
(a)  the person has a significantly greater difficulty in learning than the majority of persons of the same age, or
(b)  the person has a disability which either prevents or hinders the person from making use of facilities of a kind generally provided by institutions providing education or training for persons falling within subsection (2)."
 

LORD LAYARD

 

BARONESS BLACKSTONE

 

BARONESS MORRIS OF YARDLEY

206Page 60, line 30, at end insert—
"(   )  A person who completes the Level 2 apprenticeship before reaching their nineteenth birthday is entitled to elect for an advanced apprenticeship."
 

Clause 91

 

BARONESS SHARP OF GUILDFORD

 

BARONESS GARDEN OF FROGNAL

207Page 61, line 2, at end insert "or arrangements with a recognised charity or training provider which involve preparation for employment under such a framework"
 

BARONESS VERMA

 

LORD DE MAULEY

208Page 61, line 10, at end insert—
"(   )  arrangements for courses of training at a college or other institution which must include some sort of specific training in the workplace"
 

Clause 93

 

BARONESS SHARP OF GUILDFORD

 

BARONESS GARDEN OF FROGNAL

 

LORD RIX

 

BARONESS WILKINS

209Page 62, line 19, at end insert—
"(   )  Where a young person has proven learning disabilities or other special educational needs, but in all other respects satisfies the apprenticeship scheme requirements, he may apply to the Chief Executive for exemption from the requirements of subsection (1) or (2)."
 

LORD RIX

 

BARONESS WILKINS

210Page 62, line 19, at end insert—
"(   )  Notwithstanding the provisions of subsections (1) and (2), the Secretary of State may in regulations set out alternative means for persons meeting specified criteria to satisfy the apprenticeship scheme requirements by demonstrating in specified ways that they have the competencies needed to undertake an apprenticeship."
 

Clause 96

 

LORD ADDINGTON

 

BARONESS WILKINS

210APage 63, line 27, at end insert—
"(   )  the qualifying entitlements specified in section 93 for those applicants with diagnosed learning disabilities"
 

Clause 98

 

LORD ADDINGTON

211Page 64, line 27, at end insert—
"(   )  volunteers within community amateur sports clubs"
 

Clause 100

 

LORD ADDINGTON

211APage 65, line 38, at end insert—
"(   )  The Chief Executive when devising the funding formulae based on performance shall ensure no education provider will be financially disadvantaged for enrolling disabled students onto their mainstream courses."
 

BARONESS VERMA

 

LORD DE MAULEY

212Page 65, line 38, at end insert—
"(   )  The Chief Executive must consult with the following when adopting or developing schemes as set out in subsection (1)—
(a)  the YPLA;
(b)  a local education authority;
(c)  Ofsted; and
(d)  the Quality Assurance Agency for Higher Education."
 

Clause 102

 

LORD LOW OF DALSTON

 

BARONESS SHARP OF GUILDFORD

213Page 66, line 13, at end insert—
"(   )  The Chief Executive of Skills Funding shall provide information in formats accessible to people with disabilities at point of need."
 

After Clause 112

 

LORD LOW OF DALSTON

 

BARONESS SHARP OF GUILDFORD

214Insert the following new Clause—
  "Provision of support in the apprenticeship workplace
(1)  The Chief Executive of Skills Funding has a duty to ensure that apprentices with learning difficulties receive appropriate support in the workplace through—
(a)  additional learning support provision for apprentices in the workplace over the age of 16, and
(b)  the Access to Work Scheme.
(2)  The Chief Executive of Skills Funding has a duty to ensure that employers and apprentices are informed of their entitlement to support in the apprenticeship workplace.
(3)  In this section "support in the apprenticeship workplace" includes—
(a)  additional learning support provision (regardless of whether the apprentice is subject to learning difficulty assessment), and
(b)  the Access to Work Scheme."
 

Clause 117

 

VISCOUNT ECCLES

 Viscount Eccles gives notice of his intention to oppose the Question that Clause 117 stand part of the Bill.
 

Clause 119

 

BARONESS VERMA

 

LORD DE MAULEY

 

BARONESS PERRY OF SOUTHWARK

215Page 74, line 37, at end insert—
"(   )  enables personal data to be shared between persons to whom this section applies without first gaining the consent of the individual to whom it belongs"
 

Schedule 8

215A[Withdrawn]
 

BARONESS VERMA

 

LORD DE MAULEY

216Page 188, line 23, leave out "five" and insert "two"
 

BARONESS HOWE OF IDLICOTE

217Page 195, line 19, leave out paragraph 8
 

BARONESS VERMA

 

LORD DE MAULEY

218Page 196, line 46, at end insert "following consultation with the said governing body"
 

Schedule 9

 

BARONESS WALMSLEY

 

BARONESS SHARP OF GUILDFORD

219Page 202, line 3, leave out "Secretary of State" and insert "Crown"
220Page 202, line 6, leave out "Secretary of State may appoint" and insert "ordinary members shall elect"
 

BARONESS VERMA

 

LORD DE MAULEY

220APage 202, line 33, at end insert—
"(2A)      An ordinary member must not have financial or other occupational interests that might be regarded as constituting a conflict of interest with that of promoting the objectives of Ofqual."
 

BARONESS WALMSLEY

 

BARONESS SHARP OF GUILDFORD

221Page 202, line 36, leave out sub-paragraph (4) and insert—
"(   )  The ordinary members, by majority vote, may remove the deputy from office if they think it appropriate to do so."
222Page 203, line 23, leave out "the Secretary of State" and insert "Ofqual"
223Page 203, line 24, leave out "the Secretary of State" and insert "Ofqual"
224[Withdrawn]
224APage 203, line 33, at end insert—
"(   )  In fulfilling the provisions in sub-paragraphs (1), (3) and (5), the Secretary of State must seek the opinion of Parliament."
 

LORD LUCAS

225Page 205, line 35, at end insert—
"(   )      Ofqual may require the Higher Education Statistics Agency to arrange for collection of, and to provide for Ofqual, such data as it may specify.
(   )      Ofqual may promote and fund research and sample testing."

 
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13 October 2009