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

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Clause 33
 
  
BY THE BARONESS DARCY DE KNAYTH
THE LORD ADDINGTON
THE BARONESS BLATCH
THE BARONESS DAVID
 
161     Page 14, line 11, at end insert--
    ("(  )  promote equality of opportunity between disabled and non-disabled people in education and training and all support services covering transition")
 
  
Clause 34
 
  
BY THE BARONESS BLACKSTONE
 
162     Page 14, line 32, leave out ("or advice") and insert (", advice or guidance") 
163     Page 14, line 33, at end insert ("(including employment)") 
  
After Clause 38
 
  
BY THE BARONESS BLACKSTONE
 
164     Insert the following new Clause-- 
     ("  .--(1) The Council may appoint a person to be a member of the governing body of an institution which--Further education: governors.
 
    (a)  falls within the further education sector (within the meaning given by section 91(3) of the Further and Higher Education Act 1992), and
    (b)  mainly serves the population of Wales.
    (2)  But no more than two members of the governing body of a given institution may at any given time have been appointed under this section.")
1992 c. 13.
  
BY THE LORD ROBERTS OF CONWY
 
165     Insert the following new Clause-- 
     ("  .--(1)  The Council may secure the provision of facilities for the gaining of work experience by young persons receiving education.
 
    (2)  The Council may secure the provision of facilities designed to form links beween (on the one hand) employers and (on the other) persons falling within subsection (3).
 
    (3)  The persons falling within this subsection are--
    (a)  persons who provide education or training, and
    (b)  persons who receive it and who have not attained the age of 19.
    (4)  A person is a young person in the period which--
    (a)  starts with the beginning of the year in which he attains the age of 15, and
    (b)  ends with the end of the year in which he attains the age of 19.
    (5)  A year is a year beginning with 1 September.")
Links between education and training and employment: Wales.
166     Insert the following new Clause-- 
     ("  .--(1)  This section applies if there is at any time a vacancy in the membership of the governing body of an institution within the further education sector (within the meaning given by section 91(3) of the Further and Higher Education Act 1992).
 
    (2)  The Council may appoint a person to fill the vacancy.
 
    (3)  But no more than two members of the governing body of a given institution may at any given time have been appointed under this section.")
Further education: governors: Wales.
167     Insert the following new Clause-- 
     ("  .--(1)  The Council--
    (a)  must make and publish a plan for each of its financial years;
    (b)  may make and publish such other plans as it thinks fit.
    (2)  A plan for the Council's first financial year must be published as soon as is reasonably practicable after the year starts.
 
    (3)  A plan for any subsequent financial year of the Council must be published before the year starts.
 
    (4)  A plan for a financial year must include--
    (a)  proposals as to how the Council intends to achieve in the financial year any objectives which should be achieved in the year in conformity with directions of the National Assembly or with conditions imposed under section 46;
    (b)  the Council's financial proposals for the year, and in particular proposals as to how it plans to keep to its budget for the year.")
Plans: Wales.
168     Insert the following new Clause-- 
     ("  .--(1)  The Council must formulate a strategy in relation to its functions and keep it under review.
 
    (2)  The Council must have regard to the strategy in exercising its functions.
 
    (3)  The Council must incorporate in the strategy proposals as to--
    (a)  how it intends to achieve any objectives contained in directions of the National Assembly;
    (b)  how it intends to achieve such objectives within any time limits contained in such directions.")
Strategy: Wales.
  
Clause 39
 
  
BY THE LORD ADDINGTON
THE BARONESS BLATCH
THE BARONESS DARCY DE KNAYTH
THE BARONESS DAVID
 
169     Page 16, line 26, at end insert--
 
    ("(  )  The Council shall carry out research into specific groups of learners and the learning process as relevant to such groups.")
 
  
BY THE LORD HASKEL
 
170     Page 16, line 26, at end insert--
 
    ("(  )  The Council shall collect statistics concerning staff, such as salaries and qualifications, in institutions and organisations delivering programmes funded by it and shall publish those statistics.")
 
  
BY THE BARONESS BLACKSTONE
 
171     Page 16, line 37, leave out ("or advice") and insert (", advice or guidance") 
172     Page 16, line 37, at end insert ("(including employment)") 
  
Clause 40
 
  
BY THE LORD RIX
THE BARONESS BLATCH
THE LORD ADDINGTON
THE BARONESS DAVID
 
173     Page 16, line 40, after ("difficulties,") insert--
    ("(  )  to conditions relating to the provision or arrangement of support to enable persons with learning difficulties to manage an individual learning account,")
 
  
Schedule 5
 
  
BY THE LORD ROBERTS OF CONWY
 
174     Page 64, line 35, leave out ("may") and insert ("must") 
175     Page 64, line 35, at end insert (", a young people's learning committee and an adult learning committee") 
176     Page 64, line 43, leave out ("8") and insert ("12") 
177     Page 64, line 44, after first ("Council") insert ("not fewer than four of whom shall have business or commercial experience") 
178     Page 65, line 5, leave out ("with the National Assembly's approval") 
179     Page 65, line 7, leave out ("with the National Assembly's approval") 
180     Page 65, line 12, at end insert ("including community consortia for education and training") 
  
Schedule 6
 
  
BY THE LORD RIX
THE LORD ADDINGTON
THE BARONESS BLATCH
THE BARONESS DAVID
 
181     Page 66, line 34, at end insert ("for specific classes of inspection") 
  
Clause 50
 
  
BY THE LORD TOPE
THE BARONESS SHARP OF GUILDFORD
 
182     Page 20, line 16, at end insert--
    ("(  )  education provided for persons above compulsory school age in maintained schools;")
 
183     Page 20, line 17, leave out ("for persons") and insert ("provided in the further education sector which is suitable to the requirements of those") 
184     Page 20, line 17, leave out ("19") and insert ("16") 
185     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;")
 
  
BY THE BARONESS BLATCH
 
186     Page 20, line 26, leave out paragraph (e) 
  
BY THE LORD TOPE
THE BARONESS SHARP OF GUILDFORD
 
187     Page 20, line 30, at end insert--
 
    ("(  )  Maintained schools" means, in Engand and Wales, a county school or voluntary school within the meaning of the Education Act 1996.")
 
  
Clause 51
 
  
BY THE BARONESS BLATCH
 
188     Page 21, line 7, leave out subsection (5) 
  
After Clause 52
 
  
BY THE LORD TOPE
THE BARONESS SHARP OF GUILDFORD
 
189     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.
190     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.
191     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 inspections 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 54
 
  
BY THE BARONESS BLATCH
 
192     Page 22, line 24, leave out paragraph (b) and insert--
    ("(b)  a right of entry to premises used in connection with the provisions of that training and development;")
 
193     Page 22, line 30, leave out subsection (3) 
  
Clause 57
 
  
BY THE LORD TOPE
THE BARONESS SHARP OF GUILDFORD
 
194     Page 23, line 37, leave out paragraph (b) 
195     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
 
196     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 71
 
  
BY THE LORD ROBERTS OF CONWY
 
197     Page 30, line 38, leave out paragraph (b) 
198     Page 30, line 39, leave out ("contemplating") 
  
Clause 78
 
  
BY THE LORD ROBERTS OF CONWY
 
199     Page 34, line 22, leave out (", at the request of the Secretary of State or the Adult Learning Inspectorate,") 
  
After Clause 83
 
  
BY THE BARONESS BLACKSTONE
 
200     Insert the following new Clause-- 
     (".--(1) The Secretary of State may make a scheme providing for the transfer of any of the property, rights and liabilities of the Further Education Funding Council for England to any of the listed transferees.
 
    (2)  The listed transferees are--
    (a)  the Secretary of State;
    (b)  Her Majesty's Chief Inspector of Schools in England;
    (c)  the Adult Learning Inspectorate.
    (3)  A scheme under this section may include such supplementary, incidental, consequential or transitional provisions as the Secretary of State thinks are appropriate.
 
    (4)  A scheme under this section comes into force on the day it specifies for it to come into force.
 
    (5)  When a scheme under this section comes into force it has effect to transfer (in accordance with its provisions) the property, rights and liabilities to which it applies.
 
    (6)  The day specified by a scheme under this section for the scheme to come into force must fall before the day appointed under section 116 for the commencement of section 83.")
Preliminary transfers: FEFC for England.
 
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