House of Lords portcullis
House of Lords

Publications on the internet
Other Public Bills before Parliament
Bill Home Page

Apprenticeships, Skills, Children and Learning Bill


REVISED
SIXTH
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.

 

After Clause 47

124C[Re-tabled as Amendment 124D]
 

BARONESS VERMA

 

LORD DE MAULEY

124DInsert the following new Clause—
  "Youth detention: Sentence planning
(   )  Sentence planning for persons subject to youth detention must have regard to the suitability of provision of specific education or training courses in particular establishments.
(   )  The sentence planning should have regard to the desirability of 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 562G(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 information under section 562E 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.
(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—
  "562GA   Acceptance of detained person
(   )  This section applies in relation to the detention of a person in relevant youth accommodation.
(   )  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."
 

BARONESS SHARP OF GUILDFORD

 

BARONESS GARDEN OF FROGNAL

136APage 34, line 44, at end insert—
  "562GA   Responsibility for ensuring compliance
  It shall be the duty of the person in charge of the accommodation in which the young person is detained—
(a)  to inform the host and home authorities of the presence of the young person in that accommodation and to ascertain that these authorities fulfil the responsibilities under the provisions of this Chapter; and
(b)  to ask the Secretary of State to direct a local authority to discharge its functions under this Chapter should it appear to him that a local authority is not fulfilling these responsibilities."
136BPage 35, line 5, at end insert—
"(   )  Their performance in this regard shall be monitored and reported on annually by Ofsted as part of its responsibility for inspecting education provision in youth custody."
 

Clause 54

 

BARONESS MORGAN OF DREFELIN

 

LORD YOUNG OF NORWOOD GREEN

136CPage 38, line 34, leave out "mentioned in that subsection" and insert "of the arrangements specified under the subsection in question"
136DPage 39, line 20, after "local" insert "education"
136EPage 39, line 25, leave out subsections (3) to (5)
 

Clause 55

 

LORD LOW OF DALSTON

 

BARONESS SHARP OF GUILDFORD

137Page 40, line 4, leave out "they consider necessary" and insert "required"
138Page 40, line 31, at end insert—
"(   )  Arrangements made under subsection (1) must be made with particular regard to the needs of adults with learning difficulties."
 

LORD LUCAS

139Page 40, line 37, at end insert—
"(   )  A local education authority must make arrangements under subsection (7) whenever a substantial number of adults require transport to a particular institution."
 

LORD LOW OF DALSTON

 

BARONESS SHARP OF GUILDFORD

140Page 40, line 44, at end insert—
 ""learning difficulty" means—
(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 falling within this section"
 

BARONESS MORGAN OF DREFELIN

 

LORD YOUNG OF NORWOOD GREEN

140APage 41, line 1, leave out "certain young adults" and insert "young adults subject to learning difficulty assessment"
140BPage 42, line 2, at end insert—
  "508H   Complaints about transport arrangements etc for young adults subject to learning difficulty assesssment: England
(1)  A local education authority may revise a statement prepared under section 508G to change any matter specified under subsection (3) of that section if, as a result of a relevant young adult transport complaint, they have come to consider the change necessary for a purpose mentioned in section 508F(2) or (3).
(2)  A local education authority must revise a statement prepared under section 508G to change any matter specified in subsection (3) of that section if, as a result of a relevant young adult transport complaint, the Secretary of State has directed them to do so.
(3)  An authority that revise a statement under subsection (1) or (2) must publish the revised statement and a description of the revision as soon as practicable.
(4)  The Secretary of State need not consider whether to exercise any power under sections 496 to 497A (powers to prevent unreasonable exercise of functions, etc) or subsection (2) of this section in response to a matter that is, or could have been, the subject of a relevant young adult transport complaint made to him or her unless satisifed that—
(a)  the matter has been brought to the notice of the local education authority concerned, and
(b)  the authority have had a reasonable opportunity to investigate the matter and respond.
(5)  In this section "relevant young adult transport complaint" means a complaint that is—
(a)  about a local education authority's exercise of, or failure to exercise, a function under section 508F or 508G in relation to relevant young adults, and
(b)  made by a person who is, or will be, a relevant young adult when the matter complained of has effect, or by a parent of such a person,
  and "relevant young adult" has the meaning given in section 508F.
(6)  For the purposes of section 508G(7) and (8), the revision of a statement under this section is to be treated as the preparation of a statement under section 508G.
(7)  Where a local education authority have pubished in a single document a statement prepared under section 509AA and a statement prepared under 508G, the requirement to publish a revised statement under subsection (3) is to be treated as a requirement to publish a version of the document that includes the revised statement."
 

After Clause 55

 

BARONESS SHARP OF GUILDFORD

 

BARONESS WALMSLEY

141Insert the following new Clause—
  "Secretary of State's power to direct a review of transport arrangements
  The Secretary of State shall direct one or more local authorities to undertake a review of their transport policy statement from time to time."
142Insert the following new Clause—
  "Complaints about transport arrangements
(1)  The Education Act 1996 (c. 56) is amended as follows.
(2)  After section 509AE (complaints about transport arrangement etc. for persons of sixth form age in England) insert—
  "509AF   Complaints about transport arrangements etc. for certain young adults
(1)  A local education authority may revise a statement prepared under section 508F to change the arrangements specified under subsection (1) of that section if, as a result of a certain young adult transport complaint, they have come to consider the change necessary for the purpose mentioned in that subsection.
(2)  A local education authority must revise a statement prepared under section 508F to change the arrangements specified under subsection (1) of that section if, as a result of a certain young adult transport complaint, the Secretary of State has directed them to do so.
(3)  An authority that revises a statement under subsection (1) or (2) must publish the revised statement and a description of the revision as soon as practicable.
(4)  The Secretary of State need not consider whether to exercise any power under sections 496 to 497A (powers to prevent unreasonable exercise of functions, etc.) or subsection (2) of this section in response to a matter that is, or could have been, the subject of a certain young adult transport complaint made to him or her unless satisfied that—
(a)  the matter has been brought to the notice of the local education authority concerned, and
(b)  the authority have had a reasonable opportunity to investigate the matter and respond.
(5)  In this section "certain young adult transport complaint" means a complaint that is—
(a)  about a local education authority's exercise of, or failure to exercise, a function under sections 508F to 509AD in relation to certain young adults, and
(b)  made by a person who is, or will be, a relevant young adult when the matter complained of has effect, or by a parent of such a person, and "certain young adult" is to be construed in accordance with section 508F(8).
(6)  For the purposes of sections 508G(8), 509AB(1) to (5), and 509AD, the revision of a statement under this section is to be treated as the preparation of a statement under section 508F.
(7)  Where a local authority has published in a single document a statement prepared under section 508G and a statement prepared under section 509AA, the requirement to publish a revised statement under subsection (3) is to be treated as a requirement to publish a version of the document that includes the revised statement."
(3)  In section 496 (power of Secretary of State to prevent unreasonable exercise of functions), after subsection (4) (as inserted by section 206(1) of this Act) insert—
"(6)  This section is subject to section 509AF (complaints about transport arrangements etc. for certain young adults in England)."
(4)  In section 497 (general default powers of Secretary of State), after subsection (6) insert—
"(7)  This section is subject to section 509AF (complaints about transport arrangements etc. for certain young adults in England)."
(5)  In section 497A (power of Secretary of State to secure proper performance of LEA's functions), at the end insert—
"(9)  This section is subject to section 509AF (complaints about transport arrangements etc for certain young adults in England).""
 

BARONESS SHARP OF GUILDFORD

 

BARONESS GARDEN OF FROGNAL

142AInsert the following new Clause—
  "Further provision about transport funding
(1)  The Education Act 1996 (c. 56) is amended as follows.
(2)  In section 509(1) after "direct" insert "under terms specified in the local government financial report of that year"."

 
continue to next page
 
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries index

©Parliamentary copyright 2009
12 October 2009