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

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Clause 50
 
  
BY THE LORD TOPE
THE BARONESS SHARP OF GUILDFORD
 
     Page 20, line 17, leave out ("for persons") and insert ("provided in the further education sector which is suitable to the requirements of those") 
     Page 20, line 17, leave out ("19") and insert ("16") 
     Page 20, line 25, at end insert--
    ("(  )  to inspect all institutions within the further education sector other than those which fall wholly within the remit of Her Majesty's Chief Inspector of Schools in England;")
 
  
After Clause 52
 
  
BY THE LORD TOPE
THE BARONESS SHARP OF GUILDFORD
 
     Insert the following new Clause-- 
     ("  .--(1)  The Chief Inspector of Adult Learning may, on his own initiative, conduct an inspection of--
    (a)  the quality and availability of a specified description of education or training, in a specified area of England, for persons who are aged 16 or over;
    (b)  the standards achieved by those receiving that education or training; and
    (c)  whether the financial resources made available to those providing that education and training are managed efficiently and used in a way which provides value for money.
    (2)  The Chief Inspector of Adult Learning must carry out such an inspection if asked to do so by the Secretary of State.
 
    (3)  If the Learning and Skills Council or a local education authority has applied financial resources in respect of education or training which is being inspected under this section, the inspection may extend to considering the manner in which the Council or that authority has applied those resources and whether they have been applied in a way which provides value for money.
 
    (4)  The education or training that may be made the subject of an area inspection is any education or training within--
    (a)  the Adult Learning Inspectorate's remit; or
    (b)  the remit of Her Majesty's Chief Inspector of Schools for England.
    (5)  If, in connection with an area inspection, the Chief Inspector asks Her Majesty's Chief Inspector of Schools for England for advice on a matter relating to education or training within his remit, he must give such advice as he considers likely to be appropriate for the purposes of the inspection.
 
    (6)  A person providing education or training which is the subject of an area inspection must provide the Chief Inspector with any information reasonably asked for by him in connection with the inspection.
 
    (7)  Any local education authority whose area, or part of whose area, is within the area which is the subject of an area inspection must provide the Chief Inspector with such information as the Chief Inspector may reasonably ask for in connection with the inspection.
 
    (8)  Area inspection" means an inspection under this section.")
Area inspections by the Chief Inspector.
     Insert the following new Clause-- 
     ("  .--(1)  On completing an area inspection, the Chief Inspector of Adult Learning must make a written report.
 
    (2)  The Chief Inspector must send a copy of the report to--
    (a)  the Secretary of State;
    (b)  the Learning and Skills Council for England;
    (c)  Her Majesty's Chief Inspector of Schools;
    (d)  the Regional Development Agencies;
    (e)  each local education authority whose area, or part of whose area, falls within the area which is the subject of the inspection; and
    (f)  such other persons as he considers appropriate.
    (4)  The Chief Inspector must arrange for the report to be published in such manner as he considers appropriate.
 
    (5)  For the purposes of the law of defamation the report is privileged unless its publication is shown to be made with malice.
 
    (6)  Nothing in subsection (5) limits any privilege subsisting apart from that subsection.")
Area inspections: report by the Chief Inspector.
     Insert the following new Clause-- 
     ("  .--(1)  This section applies if the Chief Inspector of Adult Learning publishes a report of an area inspection conducted under section (Area inspection by the Chief Inspector).
 
    (2)  The Secretary of State may direct the Learning and Skills Council for England to prepare a written statement of the action which it proposes to take in the light of the report and the period within which it proposes to take it.
 
    (3)  The Secretary of State may direct a local education authority whose area is wholly or partly in the area covered by the report to prepare a written statement of the action which they propose to take in the light of the report and the period within which they propose to take it.
 
    (4)  In preparing the statement the Council or the authority must consult such persons as the Secretary of State may direct.
 
    (5)  The person making the statement must--
    (a)  publish it within such period, and in such manner, as may be prescribed by regulations made by the Secretary of State; and
    (b)  send copies of it to such persons as may be so prescribed.")
Area inspections: action plans.
  
Clause 57
 
  
BY THE LORD TOPE
THE BARONESS SHARP OF GUILDFORD
 
     Page 23, line 37, leave out paragraph (b) 
     Page 23, line 37, leave out paragraphs (b) and (c) 
  
Clause 59
 
  
BY THE LORD TOPE
THE BARONESS SHARP OF GUILDFORD
 
     The above-named Lords give notice of their intention to oppose the Question that Clause 59 stand part of the Bill. 
  
Clause 62
 
  
BY THE LORD TOPE
THE BARONESS SHARP OF GUILDFORD
 
     The above-named Lords give notice of their intention to oppose the Question that Clause 62 stand part of the Bill. 
  
Clause 63
 
  
BY THE LORD TOPE
THE BARONESS SHARP OF GUILDFORD
 
     The above-named Lords give notice of their intention to oppose the Question that Clause 63 stand part of the Bill. 
  
Clause 64
 
  
BY THE LORD TOPE
THE BARONESS SHARP OF GUILDFORD
 
     The above-named Lords give notice of their intention to oppose the Question that Clause 64 stand part of the Bill. 
  
Clause 68
 
  
BY THE LORD HASKEL
 
     Page 29, line 9, after ("England") insert (", where the majority of the students attending the institution are aged under 19; or
    (b)  the inspectorate, where the majority of the students attending the institution are aged over 19,")
 
  
Clause 86
 
  
BY THE LORD TOPE
THE BARONESS SHARP OF GUILDFORD
 
     Page 38, line 15, at end insert--
 
    ("(  )  Payment may also be made for the Open College Network course activity other than that leading to external qualifications in respect of--
    (a)  devising, administering, verifying or certifying the qualification;
    (b)  setting or moderating examinations for the purposes of qualifications;
    (c)  registering, assessing or examining candidates.")
 
  
Clause 94
 
  
BY THE LORD BOARDMAN
 
     Page 42, line 4, leave out ("a person") and insert ("the Council") 
  
Clause 96
 
  
BY THE LORD TOPE
THE BARONESS SHARP OF GUILDFORD
 
     Page 43, line 16, at end insert--
        ("(  )  Before an order is made under subsection (3) above, the Council must publish a report detailing the effect of the establishment of the proposed institution on education and training provision in the area of the local council in which it is located, and in any adjacent areas which may be affected."")
 
  
Clause 99
 
  
BY THE LORD BOARDMAN
 
     Page 43, line 40, at end insert ("or employment") 
  
Clause 100
 
  
BY THE BARONESS DAVID
THE LORD TOPE
THE BARONESS SHARP OF GUILDFORD
 
     Page 44, line 22, at end insert--
    ("(  )  a body providing services in pursuance of arrangements made or directions given under sections 8, 9 and 10 of the Employment and Training Act 1973,")
 
  
BY THE LORD TOPE
THE BARONESS SHARP OF GUILDFORD
 
     Page 44, line 29, after ("body") insert ("or other organisation involved in local learning partnerships") 
     Page 44, line 32, after ("persons") insert ("or providers of education and training") 
  
After Clause 100
 
  
BY THE LORD TOPE
THE BARONESS SHARP OF GUILDFORD
 
     Insert the following new Clause-- 
     ("  .--(1)  The Secretary of State shall issue, and may from time to time revise, a code of practice containing such practical guidance as he thinks appropriate with a view to securing effective relationships between councils established under this Act, local education authorities and providers of education and training--
    (a)  in relation to promoting high standards of education and training; and
    (b)  in relation to the discharge of functions of such councils in relation to such education and training.
    (2)  In discharging their functions under this Act it shall be the duty of all relevant parties to have regard to any relevant provisions of the code.
 
    (3)  The Secretary of State shall publish the code as for the time being in force.
 
    (4)  The Secretary of State may under subsection (1) make different provision for England and Wales (whether or not by means of separate codes of practice); and references in this section to "the code" accordingly apply to any such separate code of practice.")
Code of practice.
  
Clause 103
 
  
BY THE LORD TOPE
THE BARONESS SHARP OF GUILDFORD
 
     Page 46, leave out line 12 and insert ("the Chief Inspector of Adult Learning") 
  
After Clause 108
 
  
BY THE LORD TOPE
THE BARONESS SHARP OF GUILDFORD
 
     Insert the following new Clause-- 
     ("  .--(1)  The Education Act 1997 shall be amended as follows.
 
    (2)  For section 43 substitute--
Provision of careers education in schools and colleges.
 Provision of careers education in schools and colleges.     .--(1)  All registered pupils and students at a school and college to which this section applies must be provided, during the relevant phase of their education, with a programme of careers education. 
 
    (2)  This section applies to--
 
  
    (a)  county and voluntary schools;
 
  
    (b)  grant-maintained schools;
 
  
    (c)  maintained or grant-maintained special schools (other than those established in hospitals);
 
  
    (d)  city technology colleges and city colleges for the technology of the arts;
 
  
    (e)  pupil referral units; and
 
  
    (f)  institutions within the further education sector.
 
 
    (3)  It is the duty of each of the following to secure that subsection (1) is complied with, namely--
 
  
    (a)  in the case of a school falling within subsection (2)(a) to (c) the governing body of the school and its head teacher;
 
  
    (b)  in the case of a school falling within subsection (2)(d), the proprietors of the school and its head teacher;
 
  
    (c)  in the case of a pupil referral unit, the local education authority maintaining the unit and the teacher in charge of it; and
 
  
    (d)  in the case of an institution within the further education sector, the governing body and the principal or head of the institution.
 
 
    (4)  Each of sections 496 and 497 of the Education Act 1996 (default powers of Secretary of State) shall, in relation to the duty imposed by subsection (3) above, have effect as if any reference to a body to which that section applies included a reference to the proprietors of a school falling within subsection (2)(d) above.
     
    (5)  For the purposes of this section the relevant phase of a pupil's or student's education is the period--
 
  
    (a)  beginning at the same time as the school year in which the majority of pupils in his class attain the age of 14; and
 
  
    (b)  ending with the expiry of the school or college year in which the majority of pupils or students in his class attain the age of 19.
 
 
    (6)  In this section--
     
    career" includes the undertaking of any training, employment or occupation or any course of education;
     
    careers education" means education designed to prepare persons for taking decisions about their careers and to help them implement such decisions;
     
    class", in relation to a particular pupil, means--
 
  
    (a)  the teaching group in which he is regularly taught, or
 
  
    (b)  if he is taught in different groups for different subjects, such one of those groups as is designated by the head teacher of the school or the principal of the college, the case of a pupil referral unit, by the teacher in charge of the unit."
 
     (3)  After section 45 insert-- 
 Extension or modification of provisions of sections 43 to 45.     .--(1)  The Secretary of State may by regulations extend the scope of operation of section 43 or section 44 by substituting for the period specified in section 43(5) or section 44(10)(a)(i) such other period as is specified. 
 (2)  The Secretary of State may by regulations make provision for extending the scope of operation of section 43, 44 or 45 to primary schools or to any specified description of such schools, to secure that a programme of careers education is provided for any specified description of persons attending such institutions."") 
  
Clause 112
 
  
BY THE LORD TOPE
THE BARONESS SHARP OF GUILDFORD
 
     Page 51, line 8, at beginning insert ("Subject to the preservation of the essential nature of the institutions designated therein") 
  
Schedule 8
 
  
BY THE LORD TOPE
THE BARONESS SHARP OF GUILDFORD
 
     Page 78, line 8, leave out ("of providing education or") 
 
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