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

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Clause 84
 
  
BY THE LORD ROBERTS OF CONWY
 
201     Page 36, line 19, leave out paragraph (a) 
  
After Clause 84
 
  
BY THE BARONESS BLACKSTONE
 
202     Insert the following new Clause-- 
     (".--(1) The Secretary of State may make a scheme providing for the transfer of any of his property, rights and liabilities to any of the listed persons.
 
    (2)  The Secretary of State may make a scheme providing for the transfer of any of the property, rights and liabilities of a listed person to any other listed person.
 
    (3)  The listed persons are--
    (a)  the Learning and Skills Council for England;
    (b)  Her Majesty's Chief Inspector of Schools in England;
    (c)  the Adult Learning Inspectorate.
    (4)  A scheme under this section may include such supplementary, incidental, consequential or transitional provisions as the Secretary of State thinks are appropriate.
 
    (5)  A scheme under this section comes into force on the day it specifies for it to come into force.
 
    (6)  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.
 
    (7)  If a scheme under subsection (1) includes provision for the transfer of liabilities, the day specified by the scheme for it to come into force must not fall after the end of the period of 3 years starting with the day appointed under section 116 for the commencement of section 83.
 
    (8)  The day specified by a scheme under subsection (2) for the scheme to come into force must not fall after the end of the period of 3 years starting with the day appointed under section 116 for the commencement of section 83.
 
    (9)  This section applies in relation to England only.")
Transfers: England.
  
Clause 85
 
  
BY THE LORD TOPE
THE BARONESS SHARP OF GUILDFORD
 
202A*     Page 37, line 2, at end insert ("provided that subsection (2) shall not apply to any course intended to promote the personal, social, moral or physical development of an individual") 
  
Clause 86
 
  
BY THE LORD TOPE
THE BARONESS SHARP OF GUILDFORD
 
202B*     Page 37, line 39, at end insert--
 
    ("(  )  An institution or employer shall be deemed not to have made a payment satisfying the conditions in subsection (2)(a) to (c) above if the funding provided by the authorised body is intended to meet only a part of the costs of providing the course.")
 
203     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 93
 
  
BY THE LORD ROBERTS OF CONWY
 
204     Page 40, line 32, 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 94
 
  
BY THE LORD BOARDMAN
 
205     Page 42, line 4, leave out from ("by") to end of line 6 and insert ("the Council") 
  
Clause 96
 
  
BY THE LORD ROBERTS OF CONWY
 
206     Page 43, line 7, 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.")
 
  
BY THE LORD TOPE
THE BARONESS SHARP OF GUILDFORD
 
207     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 97
 
  
BY THE LORD ROBERTS OF CONWY
 
208     Page 43, line 31, 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 98
 
  
BY THE BARONESS BLATCH
 
209     Page 43, line 34, leave out ("(inadequate sixth-forms)") and insert ("(sixth-form centres)") 
  
Schedule 7
 
  
BY THE BARONESS BLATCH
 
210     Page 69, line 32, leave out paragraphs 1 to 5 
  
BY THE BARONESS BLACKSTONE
 
211     Page 75, line 8, leave out sub-paragraph (5) and insert--
 
    ("(  )  A committee shall refer proposals to the adjudicator if--
    (a)  the committee votes on a decision in relation to the proposals,
    (b)  the decision is required to be unanimous by regulations under paragraph 5 of Schedule 4 to the School Standards and Framework Act 1998 (school organisation committees), and
    (c)  the result of the vote is not unanimous.
    (  )  A committee shall also refer proposals to the adjudicator if--
    (a)  by the end of the prescribed period the committee has not determined what action to take in relation to the proposals, and
    (b)  the Council requests that the proposals be referred to the adjudicator.")
 
212     Page 75, line 39, at end insert--
 
    ("(  )  A committee shall also refer to the adjudicator a question of a kind referred to in sub-paragraph (1)(a) or (b) if--
    (a)  the committee votes on the question,
    (b)  the decision is required to be unanimous by regulations under paragraph 5 of Schedule 4 to the School Standards and Framework Act 1998 (school organisation committees), and
    (c)  the result of the vote is not unanimous.")
 
  
Clause 99
 
  
BY THE LORD ROBERTS OF CONWY
 
213     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.")
 
  
BY THE BARONESS BLATCH
 
214     Page 43, line 38, leave out ("may") and insert ("must") 
  
BY THE LORD BOARDMAN
 
215     Page 43, line 40, at end insert ("or employment") 
  
BY THE BARONESS BLATCH
THE BARONESS DAVID
 
216     Page 43, line 40, at end insert ("appropriate to their needs") 
  
BY THE BARONESS BLATCH
THE LORD TOPE
THE BARONESS SHARP OF GUILDFORD
 
217     Page 44, line 1, leave out ("may") and insert ("must") 
  
BY THE BARONESS DARCY DE KNAYTH
THE LORD ADDINGTON
THE BARONESS BLATCH
THE BARONESS DAVID
 
218     Page 44, line 12, after second ("to") insert ("the promotion of equality of opportunity between disabled and non-disabled people in education, training, and all support services covering transition and to") 
  
Clause 100
 
  
BY THE LORD ROBERTS OF CONWY
 
219     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.")
 
  
BY THE BARONESS DAVID
THE LORD TOPE
THE BARONESS SHARP OF GUILDFORD
 
220     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 BARONESS BLATCH
 
221     Page 44, line 27, at end insert (", and
    (  )  a body providing services in pursuance of arrangements made or directions given under section 10 of the Employment and Training Act 1973")
 
  
BY THE LORD WADE OF CHORLTON
 
222     Page 44, line 27, at end insert (", and
    (  ) employers")
 
  
BY THE LORD TOPE
THE BARONESS SHARP OF GUILDFORD
 
223     Page 44, line 29, after ("body") insert ("or other organisation involved in local learning partnerships") 
  
BY THE BARONESS BLATCH
 
224     Page 44, line 31, after ("consult,") insert--
    ("(  )  local learning partnerships,")
 
  
BY THE LORD TOPE
THE BARONESS SHARP OF GUILDFORD
 
225     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
 
226     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 102
 
  
BY THE LORD ROBERTS OF CONWY
 
227     Page 46, line 8, at end insert ("or the National Council for Education and Training for Wales") 
  
Clause 103
 
  
BY THE LORD TOPE
THE BARONESS SHARP OF GUILDFORD
 
228     Page 46, leave out line 12 and insert ("the Chief Inspector of Adult Learning") 
  
BY THE LORD ROBERTS OF CONWY
 
229     Page 46, line 12, at end insert ("or Wales") 
230     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
 
231     Page 47, line 30, at end insert (", and
    (f)  the National Council for Education and Training for Wales")
 
  
Clause 108
 
  
BY THE LORD TOPE
THE BARONESS SHARP OF GUILDFORD
 
231A*     Page 48, line 20 at end insert ("for persons over the age of 19") 
  
BY THE LORD ROBERTS OF CONWY
 
232     Page 48, line 23, at end insert ("or Wales") 
233     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."")
 
  
After Clause 108
 
  
BY THE LORD TOPE
THE BARONESS SHARP OF GUILDFORD
 
234     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.
 <~et>Provision of careers education in schools and colleges.     43.--(1)  All registered pupils and students at a school or 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.     45A.--(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."") 
234A     Insert the following new Clause-- 
  
        ("  .--(1)  The Education Act 1997 shall be amended as follows.
        (2)  In subsection (5)(b) of section 43, for "the age of 16" there shall be substituted "the age of 19".
        (3)  In section 46, for subsection (3) there is substituted--
        (3)  The Secretary of State shall make provision to require the governing bodies, principals or other heads of institutions within the further education sector to secure that a programme of careers education and guidance is provided for any specified description of persons attending such institutions."")
Provision of careers education.
 
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