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Amendments to the Learning and Skills Bill [H.L.]

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

Here you can browse the Third Marshalled List of Amendments to the Learning and Skills Bill [H.L.] to be moved in Committee in the House of Lords.

     The amendments have been marshalled in accordance with the instruction of 27th January 2000, as follows-- 
 Clauses 46 to 49
Schedule 6
Clauses 50 to 98
Schedule 7
Clauses 99 to 113
Schedule 8
Clauses 114 and 115
Schedule 9
Clauses 116 to 118
 
 [Amendments marked * are new or have been altered] 
Amendment
No.
 
  
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
 
186A     Page 20, line 28, at end insert--
    ("(  )  facilities for providing information, advice or guidance about education or training or connected matters secured by the Council under section 12(5) of this Act or by the Secretary of State under section 9 of the Employment and Training Act 1973 for persons over the age of 19")
 
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.
  
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.")
 
 
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Prepared 14 February 2000