Apprenticeships, Skills, Children and Learning Bill
SECOND
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
ON REPORT
The amendments have been marshalled in accordance with the Order of 28th October 2009, as follows—
Clauses 109 to 122
Schedule 6
Clause 123
Schedule 7
Clause 124
Schedule 8
Clauses 125 and 126
Schedule 9
Clauses 127 to 168
Schedule 10
Clause 169
Schedule 12 | Clause 170
Schedule 11
Clauses 171 to 198
Schedule 13
Clauses 199 and 200
Schedule 14
Clauses 201 to 222
Schedule 15
Clauses 223 to 260
Schedule 16
Clauses 261 to 264 |
[Amendments marked * are new or have been altered]
Amendment
No.
| | BARONESS MORGAN OF DREFELIN |
| | LORD YOUNG OF NORWOOD GREEN |
| 130 | Page 70, line 2, leave out "are" and insert "is" |
| | BARONESS SHARP OF GUILDFORD |
| | BARONESS GARDEN OF FROGNAL |
| 131 | Page 70, line 19, after "body" insert "but excluding a regional body such as a Regional Development Agency" |
| 132 | Page 70, line 26, at end insert— |
| "( ) | The Secretary of State may by subsequent order specify other regions, outside of Greater London, to which exemption applies." |
| 133 | Page 70, line 27, after "body" insert "but excluding a regional body such as the Regional Development Agency" |
| | BARONESS MORGAN OF DREFELIN |
| | LORD YOUNG OF NORWOOD GREEN |
| 134 | Page 72, line 37, at end insert "and, |
| (b) | persons who are subject to adult detention." |
| 135 | Page 73, line 2, leave out "or (b)" and insert ", (aa) or (b)" |
| | BARONESS MORGAN OF DREFELIN |
| | LORD YOUNG OF NORWOOD GREEN |
| 136 | Page 74, line 38, after "86(1)(a)" insert "or (aa)" |
| 137 | Page 76, line 18, 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" |
| | BARONESS PERRY OF SOUTHWARK |
| 138 | Insert the following new Clause— |
| | "Single capital buildings strategy |
| (1) | The Chief Executive of Skills Funding and the Young People's Learning Agency must formulate a single capital buildings strategy for England to include all providers of education and training for those aged over 16, except institutions in the higher education sector. |
| (2) | When preparing or revising the strategy, the Chief Execuive of Skills Funding and the Young People's Learning Agency must consult with— |
| (a) | local education authorities in England; |
| (b) | providers of education and training for those aged over 16, except institutions in the higher education sector. |
| (3) | A copy of the strategy or revised strategy must be sent to the Secretary of State. |
| (4) | If the Secretray of State approves the strategy the Secretary of State must lay a copy before each House of Parliament." |
| | BARONESS MORGAN OF DREFELIN |
| | LORD YOUNG OF NORWOOD GREEN |
| 139 | Page 181, line 37, leave out "to be treated, on and after that date," and insert ", on and after that date, to be treated for the purposes of subsection (2) of this section" |
| | BARONESS MORGAN OF DREFELIN |
| | LORD YOUNG OF NORWOOD GREEN |
| 140 | Page 200, line 23, at end insert— |
| "(2A) | Before exercising the power conferred by subsection (1) in relation to a governing body, the responsible local education authority must consult the governing body." |
| 141 | Page 200, line 27, leave out "to be treated, on and after that date," and insert ", on and after that date, to be treated for the purposes of subsection (2) of this section" |
| 142 | Page 201, line 11, leave out "have regard to" and insert "act in accordance with" |
| | BARONESS MORGAN OF DREFELIN |
| | LORD YOUNG OF NORWOOD GREEN |
| 143 | Page 202, line 34, at end insert— |
| "(2A) | Before exercising the power conferred by subsection (1) in relation to a governing body, the YPLA must consult the governing body." |
| 144 | Page 202, line 38, leave out "to be treated, on and after that date," and insert ", on and after that date, to be treated for the purposes of subsection (2) of this section" |
| | BARONESS MORGAN OF DREFELIN |
| | LORD YOUNG OF NORWOOD GREEN |
| 145 | Page 205, line 24, at end insert— |
| "(1A) | The person appointed by Her Majesty to chair Ofqual is to be known as the Chief Regulator of Qualifications and Examinations ("the Chief Regulator")." |
| 146 | Page 205, line 25, leave out "The Secretary of State" and insert "Ofqual" |
| 147 | Page 205, line 26, leave out "person appointed to chair Ofqual" and insert "Chief Regulator" |
| 148 | Page 205, line 26, at end insert— |
| "(2A) | Before appointing a person as an ordinary member, the Secretary of State must consult the Chief Regulator or the deputy (subject to sub-paragraph (2C)). |
| (2B) | The Secretary of State may consult the deputy instead of the Chief Regulator only if satisfied that— |
| (a) | it is not practicable to consult the Chief Regulator, and |
| (b) | it is necessary to make the appointment before it would be practicable to do so. |
| (2C) | The Secretary of State may appoint a person as an ordinary member without consulting either the Chief Regulator or the deputy if satisfied that— |
| (a) | it is not practicable to consult either of those persons, and |
| (b) | it is necessary to make the appointment before it would be practicable to do so." |
| 149 | Page 205, line 31, leave out sub-paragraphs (1) and (2) |
| 150 | Page 206, line 14, at end insert— |
| "( ) | 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 MORGAN OF DREFELIN |
| | LORD YOUNG OF NORWOOD GREEN |
| 151 | Page 206, line 15, leave out "and other" and insert "may resign from office at any time by giving written notice to Ofqual. |
| 152 | Page 206, line 17, leave out from beginning to "thinks" in line 18 and insert "Ofqual may remove the deputy from office if Ofqual" |
| 153 | Page 206, line 23, at end insert— |
| "(5A) | Before removing an ordinary member from office, the Secretary of State must consult the Chief Regulator or the deputy (subject to sub-paragraph (5C)). |
| (5B) | The Secretary of State may consult the deputy instead of the Chief Regulator only if— |
| (a) | the ordinary member to be removed from office is not the deputy, and |
| (b) | the Secretary of State is satisfied that— |
| (i) | it is not practicable to consult the Chief Regulator, and |
| (ii) | it is necessary to remove the ordinary member from office before it would be practicable to do so. |
| (5C) | The Secretary of State may remove an ordinary member from office without consulting either the Chief Regulator or the deputy if satisfied that— |
| (a) | if the ordinary member to be removed from office is the deputy, sub-paragraph (5D) applies; |
| (b) | in any other case, sub-paragraph (5E) applies. |
| (5D) | This sub-paragraph applies if— |
| (a) | it is not practicable to consult the Chief Regulator, and |
| (b) | it is necessary to remove the ordinary member from office before it would be practicable to do so. |
| (5E) | This sub-paragraph applies if— |
| (a) | it is not practicable to consult either the Chief Regulator or the deputy, and |
| (b) | it is necessary to remove the ordinary member from office before it would be practicable to do so." |
| | BARONESS SHARP OF GUILDFORD |
| 154 | Page 207, line 2, after "first" insert "interim" |
| 155 | Page 207, line 12, at end insert— |
| "( ) | In fulfilling the provisions in sub-paragraphs (1) and (3), the Secretary of State must take into account any report prepared by a committee of either House of Parliament into this issue." |
| | BARONESS SHARP OF GUILDFORD |
| 156 | Page 77, line 30, at end insert ", and |
| "( ) | the educational standard and performance objective" |
| 157 | Page 77, line 30, at end insert ", and |
| "( ) | the equality objective" |
| | BARONESS SHARP OF GUILDFORD |
| 158 | Page 78, line 15, at end insert "and that any increase in sums payable is not above the rate of inflation" |
| 159 | Page 78, line 15, at end insert— |
| "( ) | The equality objective is to ensure that regulated qualifications are accessible to and inclusive of all learners regardless of race, gender, sexual orientation, disability, gender identity, religion or belief (or both)." |
| | BARONESS SHARP OF GUILDFORD |
| 160 | Page 78, line 17, at end insert— |
| "( ) | The educational standards and performance objective is to monitor educational standards and performance as a whole in England and to report on how standards and performance are changing over time. |
| ( ) | In order to deliver the educational standards objective, Ofqual shall carry out sample testing on an annual basis in selected subjects, and shall report annually on changes in educational standards and performance in England and, where appropriate, between England and other OECD countries." |
| | BARONESS O'NEILL OF BENGARVE |
| 161 | Page 78, line 41, at end insert— |
| "( ) | the need to ensure there are sufficient regulated qualifications to assess the National Curriculum; |
| ( ) | the need to ensure there are sufficient regulated qualifications to assess the requirements for entry into institutions of higher education" |
| | BARONESS SHARP OF GUILDFORD |
| 162 | Page 78, line 41, at end insert— |
| "( ) | the efficiency of relevant markets for regulated qualifications" |
| 163 | Page 79, line 5, at end insert— |
| "( ) | The only requirement which Ofqual may impose to remedy an excess of qualifications as described in subsection (3) is a change of name." |
| 164 | Page 79, line 16, at end insert— |
| "( ) | The Secretary of State must publish a direction made under subsection (6)." |
| | BARONESS MORGAN OF DREFELIN |
| | LORD YOUNG OF NORWOOD GREEN |
| 165 | Page 83, line 3, at end insert— |
| "(A1) | Ofqual may impose a fee capping condition limiting the amount of a particular fee only if satisfied that the limit is necessary in order to secure value for money." |
| | BARONESS SHARP OF GUILDFORD |
| 166 | Page 83, line 3, 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." |
| | BARONESS MORGAN OF DREFELIN |
| | LORD YOUNG OF NORWOOD GREEN |
| 167 | Page 83, line 17, leave out from "arrangements" to end of line 24 and insert "must require the decision on review to be made by a person within subsection (5A). |
| (5A) | A person within this subsection is one who— |
| (a) | appears to Ofqual to have skills likely to be relevant to decisions to impose fee capping conditions, and |
| (b) | is independent of Ofqual. |
| (5B) | A person is independent of Ofqual for the purposes of subsection (5A) if the person is— |
| (a) | an individual who is not a member of Ofqual or Ofqual's staff, or |
| (b) | a body none of whose members is a member of Ofqual or Ofqual's staff." |
| | BARONESS SHARP OF GUILDFORD |
| 168 | Page 83, line 18, leave out paragraphs (a) and (b) and insert "must require the decision to review to be made by a person or organisation who— |
| (a) | appears to both Ofqual and the organisation subjected to the proposed fee-capping to have the skills and knowledge likely to be relevant to the decision to impose fee capping conditions, and |
| (b) | is independent of Ofqual and government." |
| | BARONESS MORGAN OF DREFELIN |
| | LORD YOUNG OF NORWOOD GREEN |
| 169 | Page 83, line 31, at end insert— |
| "(8) | The Secretary of State must publish any guidance given under subsection (7)." |
| | BARONESS PERRY OF SOUTHWARK |
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