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Session 1999-2000
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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

  


COMMONS AMENDMENTS

 

[The page and line refer to Bill 96 as first printed for the Commons.]

Amendment
No.
 
  
Clause 2
 
1     Page 2, line 20, at end insert--
 
    ("(3A)  Provision is not to be considered as giving rise to disproportionate expenditure only because that provision is more expensive than comparable provision.")
 
2     Page 2, leave out paragraph (e) 
  
Clause 3
 
3     Page 3, line 12, at end insert--
 
    ("(3A)  Provision is not to be considered as giving rise to disproportionate expenditure only because that provision is more expensive than comparable provision.")
 
  
Clause 5
 
4     Page 3, line 41, after ("receiving") insert ("or proposing to receive") 
5     Page 4, line 1, leave out paragraph (e) and insert--
    ("(e)  institutions within the further or higher education sector (within the meaning of section 91 of the Further and Higher Education Act 1992) which provide or propose to provide secondary education (other than post-16 education);")
 
6     Page 4, line 3, after ("undertaking") insert ("or proposing to undertake") 
7     Page 4, line 20, after ("receiving") insert ("or proposing to receive") 
  
Clause 6
 
8     Page 4, line 29, leave out ("providing post-16 education or training") and insert ("to whom financial resources are provided") 
9     Page 4, line 32, leave out ("post-16") and insert ("or proposing to provide") 
10     Page 4, line 47, leave out ("post-16") and insert ("or proposing to provide") 
11     Page 5, line 1, leave out ("post-16") 
  
Clause 7
 
12     Page 5, line 23, leave out ("and "maintained school" have") and insert ("has") 
  
Clause 10
 
13     Page 6, line 6, after ("promote") insert ("--
    (a)")  
 
14     Page 6, line 7, at end insert--
    ("(b)  the making of arrangements which qualify under section (Qualifying arrangements).")
 
15     Page 6, line 8, at end insert--
    ("(  )  may be specified as a body with which arrangements under section (Qualifying arrangements) may be made;
    (  )  may be designated by the Secretary of State under section (Qualifying arrangements: further provision)(1) or (3) and may act in accordance with such a designation;")
 
  
Clause 12
 
16     Page 6, line 30, at end insert--
 
    ("(3A)  The Council may provide any person designated by the Secretary of State with such information as the Council thinks fit about any matter in relation to which it has a function.")
 
  
Clause 13
 
17     Page 6, line 37, after (" 3") and insert (", 5(1)(a) to (d) and (g)") 
18     Page 7, leave out lines 2 to 9 and insert ("facilities for education or training which are sufficient in quantity and adequate in quality for a person with a learning difficulty who is over compulsory school age but who has not attained the age of 19 unless it also secures the provision of boarding accommodation for him, the Council must secure the provision of boarding accommodation for him.
 
    (  )  If the Council is satisfied that it cannot secure the provision of reasonable facilities for education or training for a person with a learning difficulty who has attained the age of 19 but not the age of 25 unless it also secures the provision of boarding accommodation for him, the Council must secure the provision of boarding accommodation for him.
 
    (  )  If the Council is satisfied that it cannot secure the provision of reasonable facilities for education or training for a person with a learning difficulty who has attained the age of 25 unless it also secures the provision of boarding accommodation for him, the Council may secure the provision of boarding accommodation for him.")
 
  
Clause 15
 
19     Page 8, line 8, leave out from ("year") to end of line 9 
  
Clause 16
 
20     Page 8, line 13, at end insert--
 
    ("(2A)  The strategy must include proposals as to how the Council intends to develop the skills of persons in employment; but this does not affect the generality of subsection (1).")
 
  
Clause 18
 
21     Page 8, line 35, leave out ("hold shares in a company, or otherwise become a member") and insert ("subscribe for or otherwise acquire shares in or securities") 
  
Clause 20
 
22     Page 9, line 19, at end insert--
 
    ("(2)  A local council--
    (a)  must perform in relation to such places outside its area as the Council specifies such of the Council's duties as the Council specifies;
    (b)  may exercise in relation to such places outside its area as the Council specifies such of the Council's powers as the Council specifies.")
 
  
Clause 22
 
23     Page 9, line 37, at end insert--
    ("(aa)  a statement of the needs of employers in the local council's area regarding education and training of their employees and potential employees;")
 
24     Page 9, line 39, leave out ("those needs") and insert ("the needs mentioned in paragraphs (a) and (aa)") 
25     Page 10, line 5, leave out from ("year") to ("guidance") in line 7 and insert ("taking account of") 
26     Page 10, line 7, at end insert--
    ("(e)  a statement of the likely effect of the local council's activities on the economic development and regeneration of its area.")
 
27     Page 10, line 9, after ("training") insert ("(and connected organised leisure-time occupation)") 
28     Page 10, line 15, after ("training") insert ("(and connected organised leisure-time occupation)") 
  
Clause 23
 
29     Page 11, line 10, after ("training") insert ("(and connected organised leisure-time occupation)") 
  
Clause 31
 
30     Page 14, line 2, at end insert--
 
    ("(3A)  Provision is not to be considered as giving rise to disproportionate expenditure only because that provision is more expensive than comparable provision.")
 
  
Clause 32
 
31     Page 14, line 33, at end insert--
 
    ("(3A)  Provision is not to be considered as giving rise to disproportionate expenditure only because that provision is more expensive than comparable provision.")
 
  
Clause 34
 
32     Page 15, line 19, after ("receiving") insert ("or proposing to receive") 
33     Page 15, line 24, leave out paragraph (e) and insert--
    ("(e)  institutions within the further or higher education sector (within the meaning of section 91 of the Further and Higher Education Act 1992) which provide or propose to provide secondary education (other than post-16 education);")
 
34     Page 15, line 26, after ("undertaking") insert ("or proposing to undertake") 
35     Page 15, line 44, after ("receiving") insert ("or proposing to receive") 
  
Clause 35
 
36     Page 16, line 8, leave out ("providing post-16 education or training") and insert ("to whom financial resources are provided") 
37     Page 16, line 11, leave out ("post-16") and insert ("or proposing to provide") 
38     Page 16, line 26, leave out ("post-16") and insert ("or proposing to provide") 
39     Page 16, line 27, leave out ("post-16") 
  
Clause 36
 
40     Page 17, line 3, leave out ("6)") and insert (" 35)") 
41     Page 17, line 4, leave out ("and "maintained school" have") and insert ("has") 
  
Clause 38
 
42     Page 17, line 16, after ("promote") insert ("--
    (a)")  
 
43     Page 17, line 17, at end insert--
    ("(b)  the making of arrangements which qualify under section (Qualifying arrangements).")
 
44     Page 17, line 18, at end insert--
    ("(  )  may be specified as a body with which arrangements under section (Qualifying arrangements) may be made;
    (  )  may be designated by the National Assembly under section (Qualifying arrangements: further provision)(1) or (3) and may act in accordance with such a designation;")
 
  
Clause 40
 
45     Page 17, line 40, at end insert--
 
    ("(3A)  The Council may provide any person designated by the National Assembly with such information as the Council thinks fit about any matter in relation to which it has a function.")
 
  
Clause 41
 
46     Page 18, line 7, leave out (" 34(1)(g)") and insert (" 34(1)(a) to (d) and (g)") 
47     Page 18, leave out lines 13 to 20 and insert ("facilities for education or training which are sufficient in quantity and adequate in quality for a person with a learning difficulty who is over compulsory school age but who has not attained the age of 19 unless it also secures the provision of boarding accommodation for him, the Council must secure the provision of boarding accommodation for him.
 
    (  )  If the Council is satisfied that it cannot secure the provision of reasonable facilities for education or training for a person with a learning difficulty who has attained the age of 19 but not the age of 25 unless it also secures the provision of boarding accommodation for him, the Council must secure the provision of boarding accommodation for him.
 
    (  )  If the Council is satisfied that it cannot secure the provision of reasonable facilities for education or training for a person with a learning difficulty who has attained the age of 25 unless it also secures the provision of boarding accommodation for him, the Council may secure the provision of boarding accommodation for him.")
 
  
After Clause 42
 
48     Insert the following new Clause-- 
     ("  .--(1)  The Council must make a plan for each of its financial years.
 
    (2)  The Council must send its plan for its first financial year to the National Assembly as soon as is reasonably practicable after the year starts.
 
    (3)  The Council must send its plan for any subsequent financial year of the Council to the National Assembly 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 47;
    (b)  the Council's financial proposals for the year;
    (c)  such other matters as the National Assembly specifies.
    (5)  The National Assembly must approve the plan or require the Council to make specified alterations of it; and if alterations are required the Council must make them.
 
    (6)  The Council must publish the plan as approved by the National Assembly or as altered in accordance with the National Assembly's requirements; and publication must be made at such time and in such manner as the National Assembly specifies.
 
    (7)  The Council may make and publish such other plans as it thinks fit; but any such plan must not conflict with a plan for a financial year.")
Plans.
49     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 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.
    (3)  The strategy must include proposals as to how the Council intends to develop the skills of persons in employment; but this does not affect the generality of subsection (1).
 
    (4)  The Council--
    (a)  may at any time send to the National Assembly a copy of the strategy as it subsists for the time being;
    (b)  must at such times as the National Assembly indicates send to the Assembly a copy of the strategy as it subsists for the time being.
    (5)  The National Assembly must approve the strategy sent to it or require the Council to make specified alterations of it; and if alterations are required the Council must make them.
 
    (6)  In exercising its functions the Council must have regard to the strategy as approved by the National Assembly or as altered in accordance with its requirements.")
Strategy.
  
Clause 44
 
50     Page 19, line 22, leave out paragraphs (c) and (d) and insert--
    ("(c)  to subscribe for or otherwise acquire shares in or securities of a company unless the National Assembly consents.")
 
  
Clause 53
 
51     Page 23, line 19, leave out subsections (6) and (7) 
  
Clause 54
 
52     Page 23, line 34, leave out ("any report under this section") and insert ("a report of an inspection conducted under this section otherwise than as a result of a request under subsection (3)") 
53     Page 24, line 2, at end insert--
 
    ("(  )  The Inspectorate may arrange for a report of an inspection carried out as a result of a request under subsection (3) to be published.")
 
54     Page 24, line 3, leave out subsections (8) and (9) 
  
Clause 56
 
55     Page 25, line 1, leave out ("person providing") and insert ("provider of") 
  
Clause 58
 
56     Page 25, line 27, leave out from beginning to ("in") and insert ("secondary education provided") 
57     Page 25, line 38, at end insert--
 
    ("(  )  Secondary education" and "further education" have the same meaning as they have in the Education Act 1996.")
 
  
Clause 59
 
58     Page 26, line 15, after ("teachers") insert ("or lecturers") 
  
Clause 60
 
59     Page 26, line 19, leave out ("which fall") and insert ("providing education or training falling") 
60     Page 26, line 33, leave out ("person providing") and insert ("provider of") 
61     Page 26, line 38, leave out subsections (8) and (9) 
 
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