Joint Committee on Statutory Instruments Thirtieth Report


Memorandum by the Department for Education and Employment


1. The Committee requested a memorandum on the following point:-

    "Explain what is meant by the expression "the company" in articles 3 to 5 of the Order".

2. This Order is made under section 141(2) of the Learning and Skills Act 2000. Section 141(2) provides:-

    "Unless the Secretary of State consents in writing, a company to which this section applies may not after the passing of this Act—

      (a)  take action of a prescribed kind, or

      (b)  cause or permit a person to take action of a prescribed kind."

Section 141 provides that "prescribed" means prescribed by an order made by the Secretary of State.

3. Section 141(1) provides that the section applies to a company if the conditions in paragraphs (a) to (d) of section 141(1) are satisfied.

4. Consequently "the company" in the order is a company to which section 141 applies. In practice, as mentioned in the Department's first memorandum, a company to which section 141 applies and hence "the company" in the order can only be any of the 72 Training and Enterprise Councils and Chambers of Commerce, Training and Enterprise in England as these are the only companies which satisfy the conditions in section 141(1)(a) to (d).

31 October 2000

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