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

back to previous amendments
 
  
Clause 26
 
  
BY THE BARONESS BLATCH
 
88     Leave out Clause 26 
  
Schedule 3
 
  
BY THE BARONESS BLATCH
 
89     Leave out Schedule 3 
  
Clause 30
 
  
BY THE LORD ROBERTS OF CONWY
 
90     Page 12, line 19, leave out ("not less than 10 and not more than 12") and insert ("up to 16") 
91     Page 12, line 19, leave out ("10") and insert ("12") 
92     Page 12, line 19, leave out ("12") and insert ("16") 
  
Clause 31
 
  
BY THE LORD RIX
THE LORD BAKER OF DORKING
THE LORD ADDINGTON
THE BARONESS DAVID
 
93     Page 12, line 32, at end insert--
    ("(  )  education (other than higher education) suitable for the requirements of persons with learning difficulties or disabilities (or both) who are above compulsory school age but have not attained the age of 25 and whose progress in education has been delayed by their learning difficulty or disability (or both),")
 
  
BY THE BARONESS BLACKSTONE
 
94     Page 13, line 6, at end insert--
    ("(bb)  take account of the education and training required in different sectors of employment for employees and potential employees;")
 
  
BY THE BARONESS BLATCH
 
95     Page 13, line 9, leave out paragraph (d) and insert--
    ("(d) make the most cost-effective use of resources consistent with the effective provision of services.")
 
  
Clause 32
 
  
BY THE BARONESS BLACKSTONE
 
96     Page 13, line 35, at end insert--
    ("(bb)  take account of the education and training required in different sectors of employment for employees and potential employees;")
 
  
BY THE LORD NORTHBOURNE
 
97*     Page 13, line 35, at end insert--
    ("&£M10;&£M10;(  )  take account of the education and training required to prepare young persons of different abilities and aptitudes for the opportunities, responsibilities and experiences of adult life outside the workplace;")
 
  
After Clause 39
 
  
BY THE BARONESS BLATCH
 
98     Insert the following new Clause-- 
     ("  .  The Council may only exercise the power conferred by section 39 in a case where it has reasonable cause to believe that the governing body of the institution is managing the affairs of the institution or discharging any duty imposed on them by or for the purposes of the Education Acts or this Act in a way which is having, or is likely to have, an adverse effect on--
    (a)  the quality of education or training provided by the institution, or
    (b)  the proper use of public funds under the administration of the institution.")
Exercise of power conferred by section 39.
  
Clause 41
 
  
BY THE BARONESS BLACKSTONE
 
99     Page 17, line 13, leave out ("and 32") and insert (", 32 and 34(1)(g)") 
  
Clause 42
 
  
BY THE BARONESS BLACKSTONE
 
100     Leave out Clause 42 and insert the following new Clause-- 
     ("  .--(1) In exercising its functions the Council must have due regard to the need to promote equality of opportunity--
    (a)  between persons of different racial groups,
    (b)  between men and women, and
 
         6(c)  between persons who are disabled and persons who are not. 
     (2)  As soon as is reasonably practicable after the end of each financial year of the Council it must publish a report containing--
    (a)  a statement of the arrangements made under subsection (1) and having effect in the year;
    (b)  an assessment of how effective the arrangements were in promoting equality of opportunity.
    (3)  The report must also contain a statement of the arrangements which the Council has made, or proposes to make, under subsection (1) in respect of the financial year immediately following that referred to in subsection (2).
 
    (4)  The Council must send a copy of the report to the National Assembly.
Equality of opportunity.
     (5)  Racial group" has the same meaning as in the Race Relations Act 1976.1976 c. 74.
     (6)  Disabled persons are persons who are disabled for the purposes of the Disability Discrimination Act 1995.")1995 c. 50.
  
BY THE LORD TOPE
THE BARONESS SHARP OF GUILDFORD
THE LORD THOMAS OF GRESFORD
[As an amendment to Amendment 100]
 
101     Line 6, at end insert--
    ("(  )  between persons of different sexual orientation,
    (  )  between persons of all ages, and
    (  )  between persons of all religions.")
 
  
Clause 45
 
  
BY THE BARONESS BLACKSTONE
 
102     Page 18, line 31, at end insert ("; and the directions may include any provisions described in subsections (2) to (2B)") 
103     Page 18, line 32, leave out ("include") and insert ("contain") 
104     Page 18, line 36, at end insert--
 
    ("(2A)  Subsection (2B) applies if the National Assembly is satisfied that the Council--
    (a)  has failed to discharge a duty imposed by or under any Act, or
    (b)  has acted or is proposing to act unreasonably with respect to the exercise of a power conferred or the performance of a duty imposed by or under any Act.
    (2B)  In such a case directions may contain such provision as the National Assembly thinks fit as to the exercise of the Council's powers and performance of its duties.
 
    (2C)  Directions may contain provision described in subsection (2B) despite any enactment making the exercise of a power or performance of a duty contingent on the Council's opinion.")
 
  
Schedule 5
 
  
BY THE LORD ROBERTS OF CONWY
 
105     Page 64, line 35, leave out ("may") and insert ("must") 
106     Page 65, line 12, at end insert ("including community consortia for education and training") 
  
Clause 51
 
  
BY THE LORD TOPE
THE BARONESS SHARP OF GUILDFORD
 
107     Page 20, line 30, leave out ("for persons") and insert ("provided in the further education sector and special needs education sector and which is suitable to the requirements of those") 
108     Page 20, line 30, leave out ("19") and insert ("16") 
109     Page 20, line 38, at end insert--
    ("(  )  all institutions within the further education sector and special needs education sector other than those that fall wholly within the remit of Her Majesty's Chief Inspector of Schools in England;")
 
110     Page 20, line 38, at end insert--
    ("(  )  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
 
111     Page 20, line 39, after ("training") insert ("other than higher education") 
  
BY THE BARONESS BLACKSTONE
 
112     Page 20, line 39, leave out from ("training") to ("as") in line 40 
  
BY THE LORD TOPE
THE BARONESS SHARP OF GUILDFORD
 
113     Page 20, line 41, 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")
 
  
BY THE BARONESS BLACKSTONE
 
114     Page 20, line 41, at end insert--
 
    ("(  )  Regulations made under subsection (1)(e) may include within the Inspectorate's remit training of or for teachers, lecturers, trainers or other persons engaged in the provision of education or training which otherwise falls within the Inspectorate's remit.")
 
  
BY THE BARONESS BLATCH
 
115     Page 20, line 41, at end insert--
 
    ("(  )  Higher education" is education provided by means of a course of any description mentioned in Schedule 6 to the Education Reform Act 1988.")
 
  
Clause 52
 
  
BY THE LORD TOPE
THE BARONESS SHARP OF GUILDFORD
 
116     Page 21, line 9, at end insert ("; and
    (  )  whether the provision of education and training within its remit accords with the principles of equality of opportunity")
 
  
BY THE BARONESS BLACKSTONE
 
117     Page 21, line 18, leave out from ("remit") to ("as") in line 19 
118     Page 21, line 22, leave out from ("remit") to ("as") in line 23 
119     Page 21, line 24, at end insert--
 
    ("(  )  The functions specified under subsection (4) or (5) may include functions with respect to training of or for teachers, lecturers, trainers or other persons engaged in the provision of education or training which falls within the Inspectorate's remit.")
 
120     Page 21, line 27, leave out ("direct") and insert ("specify") 
  
BY THE LORD TOPE
THE BARONESS SHARP OF GUILDFORD
 
121     Page 21, line 27, at end insert--
 
    ("(  )  The Inspectorate and the Chief Inspector must have regard to the assessment of needs included in the local learning and skills council's annual plan under section 22.")
 
  
After Clause 53
 
  
BY THE LORD TOPE
THE BARONESS SHARP OF GUILDFORD
 
122     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.
123     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.
    (3)  The Chief Inspector must arrange for the report to be published in such manner as he considers appropriate.
 
    (4)  For the purposes of the law of defamation the report is privileged unless its publication is shown to be made with malice.
 
    (5)  Nothing in subsection (4) limits any privilege subsisting apart from that subsection.")
Area inspections: report by the Chief Inspector.
124     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.
 
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