Learning and Skills Bill [H.L.] -
Amendments to be debated in the House of Lords
- continued
House of Lords

back to previous amendments
 
  
Clause 99
 
  
BY THE LORD ROBERTS OF CONWY
 
     Page 43, line 38, at beginning insert--
 
    ("(  )  In its application to Wales this section is to have effect as if references to the Secretary of State were to the National Assembly.")
 
  
Clause 100
 
  
BY THE LORD ROBERTS OF CONWY
 
     Page 44, line 18, at beginning insert--
 
    ("(  )  In its application to Wales this section is to have effect as if references to the Secretary of State were to the National Assembly.")
 
  
Clause 102
 
  
BY THE LORD ROBERTS OF CONWY
 
     Page 46, line 8, at end insert ("or the National Council for Education and Training for Wales") 
  
Clause 103
 
  
BY THE LORD ROBERTS OF CONWY
 
     Page 46, line 12, at end insert ("or Wales") 
     Page 46, line 32, at end insert--
 
    ("(8)  In its application to Wales this section is to have effect as if references to the Secretary of State were to the National Assembly.")
 
  
Clause 105
 
  
BY THE LORD ROBERTS OF CONWY
 
     Page 47, line 30, at end insert (", and
    (f)  the National Council for Education and Training for Wales")
 
  
Clause 108
 
  
BY THE LORD ROBERTS OF CONWY
 
     Page 48, line 23, at end insert ("or Wales") 
     Page 49, line 3, at end insert--
 
    ("(8)  In its application to Wales this section is to have effect as if references to the Secretary of State were to the National Assembly.")
 
  
Clause 110
 
  
BY THE BARONESS BLACKSTONE
 
     Page 50, line 2, leave out from ("to") to end of line 4 and insert ("receive post-16 education or training (within the meaning of Part I of this Act) or higher education (within the meaning of the Education Reform Act 1988).")1988 c. 40.
     Page 50, line 5, after ("arrange") insert ("for") 
     Page 50, line 5, leave out ("person's educational and training needs") and insert ("person") 
     Page 50, line 9, leave out ("of the educational and training needs") 
     Page 50, line 13, at end insert--
 
    ("(  )  For the purposes of this section an assessment of a person is an assessment resulting in a written report of--
    (a)  his educational and training needs, and
    (b)  the provision required to meet them.")
 
  
After Clause 113
 
  
BY THE BARONESS BLACKSTONE
 
     Insert the following new Clause-- 
     (".--(1) Schedule (Transitional provisions) contains transitional provisions relating to--
    (a)  the dissolution of the Further Education Funding Councils, and
    (b)  the establishment of the Learning and Skills Council for England and the National Council for Education and Training for Wales.
    (2)  Nothing in that Schedule prejudices the generality of section 114(4).")
Transitional provisions.
  
Schedule 8
 
  
BY THE BARONESS BLACKSTONE
 
     Page 78, leave out line 17 and insert--
 
    ("(1)  Section 29 of that Act (government and conduct of designated institutions) is amended as follows.
 
    (2)  In subsection (2) for "subsection (3)" substitute "subsections (3) and (7A)".
 
    (3)  After subsection (7) insert--
        (7A)  Provision made by the instrument in relation to the appointment of members of the governing body shall take into account the members who may be appointed by--
      (a)  the Learning and Skills Council for England under section 11 of the Learning and Skills Act 2000, or
      (b)  the National Council for Education and Training for Wales under section (Further education: governors) of that Act."
    (4)  In")
 
     Page 78, line 19, at end insert--
 
    ("  . In section 31 of that Act (designated institutions conducted by companies) after subsection (2) insert--
        (2A)  Provision made by the articles of association of the company in relation to the appointment of members of the governing body shall take into account the members who may be appointed by--
      (a)  the Learning and Skills Council for England under section 11 of the Learning and Skills Act 2000, or
      (b)  the National Council for Education and Training for Wales under section (Further education: governors) of that Act."")
 
     Page 80, line 15, leave out from beginning to ("insert") in line 16 and insert ("Schedule 4 to that Act (instruments and articles of government for further education corporations) is amended as follows.
 
    (2)  After paragraph 1 insert--
        1A. Provision made by an instrument under this Schedule in relation to the appointment of members shall take into account the members who may be appointed by--
      (a)  the Learning and Skills Council for England under section 11 of the Learning and Skills Act 2000, or
      (b)  the National Council for Education and Training for Wales under section (Further education: governors) of that Act."
    (3)  In paragraph 5, at the end")
 
  
After Schedule 8
 
  
BY THE BARONESS BLACKSTONE
 
     Insert the following Schedule-- 
 ("SCHEDULE 
 TRANSITIONAL PROVISIONS 
 PART I 
 ENGLISH COUNCILS 
 Introduction 
     1. For the purposes of this Part of this Schedule--
    (a)  the appointed day is the day appointed under section 116 for the commencement of section 83;
    (b)  the old Council is the Further Education Funding Council for England;
    (c)  the new Council is the Learning and Skills Council for England;
    (d)  the new Council's full functions are its functions under sections 2 to 18.
 
 Transitional provisions 
     2. The old Council must do its best to secure that any functions remaining to be discharged by it at any time after the commencement of this paragraph are discharged before the appointed day.
 
    3.--(1) Anything being done by or in relation to the old Council immediately before the appointed day may be continued on or after that day by or in relation to the new Council.
 
    (2)  In particular, any legal proceedings to which the old Council is a party immediately before the appointed day may be continued on or after that day by or in relation to the new Council.
 
    4. Every agreement (whether written or not), and every instrument or other document, which relates to any property, right or liability to which section 83(1)(b) applies shall have effect, so far as may be required for continuing its effect on or after the appointed day, as if--
    (a)  where the old Council is a party to it, the new Council were substituted as that party,
    (b)  for a reference to the old Council there were substituted a reference to the new Council,
    (c)  for a reference (however worded and whether express or implied) to the chairman, the chief officer or a member of the old Council there were substituted a reference to the chairman, the chief executive or a member of the new Council, and
    (d)  for a reference to the office or place of business of the old Council there were substituted a reference to the office or place of business of the new Council.
    5.--(1) This paragraph applies if the new Council is established before it acquires its full functions.
 
    (2)  The Secretary of State may by order make provision--
    (a)  conferring such powers on the new Council as the Secretary of State thinks will help it to carry out its full functions when it acquires them;
    (b)  imposing on the old Council a duty to give such assistance to the new Council as the new Council may reasonably require to help it to carry out its full functions when it acquires them.
    (3)  The Secretary of State may make an order under this paragraph at any time before the day on which the new Council acquires its full functions.
 
    6. At any time before the day on which the new Council acquires its full functions, section 1(2) has effect as if for "12" there were substituted "2".
 
    7.--(1) The new Council must discharge a duty which satisfies the following three conditions.
 
    (2)  The first condition is that the duty arises under--
 
 
    (a)  section 8(6)(a) of the Further and Higher Education Act 1992 (report on further education for disabled students), or
    (b)  paragraph 16 of Schedule 1 to that Act (accounts).
    (3)  The second condition is that the duty arises in respect of a period ending before the appointed day.
 
    (4)  The third condition is that apart from this Act the duty--
    (a)  would have fallen to be discharged by the old Council after the appointed day, or
    (b)  fell to be discharged by the old Council before the appointed day but has not been discharged.
1992 c. 13.
     8. If an order under section 8(4) of the Further and Higher Education Act 1992 confers or imposes a function on the old Council, on or after the appointed day the order is to be treated as if--
    (a)  it were made under section 18(4) of this Act, and
    (b)  it conferred or imposed the function on the new Council.
1992 c. 13.
 PART II 
 WELSH COUNCILS 
 Introduction 
     9. For the purposes of this Part of this Schedule--
    (a)  the appointed day is the day appointed under section 116 for the commencement of section 84;
    (b)  the old Council is the Further Education Funding Council for Wales;
    (c)  the new Council is the National Council for Education and Training for Wales;
    (d)  the new Council's full functions are its functions under sections 31 to 43.
 
 Transitional provisions 
     10. The old Council must do its best to secure that any functions remaining to be discharged by it at any time after the commencement of this paragraph are discharged before the appointed day.
 
    11.--(1) Anything being done by or in relation to the old Council immediately before the appointed day may be continued on or after that day by or in relation to the new Council.
 
    (2)  In particular, any legal proceedings to which the old Council is a party immediately before the appointed day may be continued on or after that day by or in relation to the new Council.
 
    12. Every agreement (whether written or not), and every instrument or other document, which relates to any property, right or liability to which section 84(1)(b) applies shall have effect, so far as may be required for continuing its effect on or after the appointed day, as if--
    (a)  where the old Council is a party to it, the new Council were substituted as that party,
    (b)  for a reference to the old Council there were substituted a reference to the new Council,
    (c)  for a reference (however worded and whether express or implied) to the chairman, the chief officer or a member of the old Council there were substituted a reference to the chairman, the chief executive or a member of the new Council, and
    (d)  for a reference to the office or place of business of the old Council there were substituted a reference to the office or place of business of the new Council.
    13.--(1) This paragraph applies if the new Council is established before it acquires its full functions.
 
    (2)  The National Assembly may by order make provision--
    (a)  conferring such powers on the new Council as the National Assembly thinks will help the new Council to carry out its full functions when it acquires them;
    (b)  imposing on the old Council a duty to give such assistance to the new Council as the new Council may reasonably require to help it to carry out its full functions when it acquires them.
    (3)  The National Assembly may make an order under this paragraph at any time before the day on which the new Council acquires its full functions.
 
    14. At any time before the day on which the new Council acquires its full functions, section 30(2) has effect as if for "10" there were substituted "2".
 
    15.--(1) The new Council must discharge a duty which satisfies the following three conditions.
 
    (2)  The first condition is that the duty arises under--
 
 
    (a)  section 8(6)(a) of the Further and Higher Education Act 1992 (report on further education for disabled students), or
    (b)  paragraph 16 of Schedule 1 to that Act (accounts).
    (3)  The second condition is that the duty arises in respect of a period ending before the appointed day.
 
    (4)  The third condition is that apart from this Act the duty--
    (a)  would have fallen to be discharged by the old Council after the appointed day, or
    (b)  fell to be discharged by the old Council before the appointed day but has not been discharged.
1992 c. 13.
     16. If an order under section 8(4) of the Further and Higher Education Act 1992 confers or imposes a function on the old Council, on or after the appointed day the order is to be treated as if--
    (a)  it were made under section 43(4) of this Act, and
    (b)  it conferred or imposed the function on the new Council.")
1992 c. 13.
  
Clause 114
 
  
BY THE BARONESS BLACKSTONE
 
     Page 52, line 41, leave out ("section 18(4) or 89(1)(c)") and insert ("any provision of this Act other than section 112(4) or 116(1)") 
  
BY THE LORD ROBERTS OF CONWY
 
     Page 52, line 41, after ("18(4)") insert (", 43(4)") 
     Page 52, line 42, after ("89(1)(c)") insert ("or 89(2)(c)") 
  
BY THE BARONESS BLACKSTONE
 
     Page 52, line 43, leave out ("section 93 or 94") and insert ("any provision of this Act") 
  
BY THE LORD ROBERTS OF CONWY
 
     Page 53, line 5, at end insert--
 
    ("(5)  In its application to Wales this section is to have effect as if references to the Secretary of State were to the National Assembly.")
 
  
Clause 116
 
  
BY THE BARONESS BLACKSTONE
 
     Page 53, line 12, leave out subsections (3) to (6) 
 
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