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

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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.")
 
  
BY THE LORD NORTHBOURNE
 
230A     Page 46, line 32, at end insert--
 
    ("(  )  In publishing a report on an inspection under this section, the Inspector may draw attention to the adequacy or otherwise, in his opinion, of the funding provided by the Secretary of State or others to the institution or person providing the service.")
 
  
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 106
 
  
BY THE LORD NORTHBOURNE
 
231ZA     Page 47, line 37, leave out ("may provide") and insert ("shall secure adequate provision of ") 
  
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.
 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.
  
Before Clause 109
 
  
BY THE LORD BISHOP OF BLACKBURN
 
235     Insert the following new Clause-- 
 
        ("  .--(1)  Section 403 of the Education Act 1996 (sex education: manner of provision) shall be amended as follows.
        (2)  In subsection (1) after "family life" insert "and having regard to the following principles--
 
      (a)  that marriage should be promoted as the fundamental building block of society and of family life and as the proper context for the nurture of children, and 
      (b)  that pupils are entitled to develop without being subjected to-- 
  
    (i)  any physical or verbal abuse about sexual orientation, or
     
    (ii)  the encouragement of sexual activity."")
Sex education: manner of provision.
  
Clause 109
 
  
BY THE BARONESS BLATCH
THE LORD ADDINGTON
THE LORD RIX
THE BARONESS DAVID
 
236     Page 49, line 37, at end insert--
        ("(8)  Induction providers shall ensure that all new teachers and other appropriate staff members have received preparation for working with people with learning difficulties or disabilities or both.
        (9)  The Learning and Skills Council and the National Council for Education and Training in Wales shall establish a programme of disability equality training for serving teachers within the further education sector who have not received such initial training as indicated in subsection (8) above, and as part of an ongoing process of staff development.")
 
  
After Clause 109
 
  
BY THE LORD TOPE
THE BARONESS SHARP OF GUILDFORD
THE BARONESS BLATCH
 
236A     Insert the following new Clause-- 
 
        ("  .  The governors of an institution incorporated under section 15 of the Further and Higher Education Act 1992 or under section 112 of this Act shall not incur any personal liability in respect of anything done reasonably and in good faith in the exercise or purported exercise of their powers under section 18 of the Further and Higher Education Act 1992 as amended by this Act.")
Governors' liability.
  
Clause 110
 
  
BY THE BARONESS DARCY DE KNAYTH
THE LORD ADDINGTON
THE LORD RIX
THE BARONESS DAVID
 
237     Page 49, line 41, after ("1996,") insert--
      ("(  )  a person is identified by the school as someone who will qualify as a student with a learning difficulty or disability (or both) within the meaning of section 13(2), (3) and (4);")
 
  
BY THE BARONESS BLACKSTONE
 
238     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.
239     Page 50, line 5, after ("arrange") insert ("for") 
240     Page 50, line 5, leave out ("person's educational and training needs") and insert ("person") 
  
BY THE BARONESS DARCY DE KNAYTH
THE LORD ADDINGTON
THE LORD RIX
THE BARONESS DAVID
 
241     Page 50, line 8, leave out ("may") and insert ("shall") 
  
BY THE BARONESS BLACKSTONE
 
242     Page 50, line 9, leave out ("of the educational and training needs") 
243     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.")
 
  
Clause 112
 
  
BY THE LORD TOPE
THE BARONESS SHARP OF GUILDFORD
 
244     Page 51, line 8, at beginning insert ("Subject to the preservation of the essential nature of the institutions designated therein") 
  
After Clause 113
 
  
BY THE BARONESS BLACKSTONE
 
245     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.
 
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Prepared 14 February 2000