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

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Clause 61
 
62     Page 27, line 2, leave out ("and any inspector taking part in the inspection") 
63     Page 27, line 6, leave out ("person providing") and insert ("provider of") 
64     Page 27, line 10, leave out ("inspector") and insert ("Chief Inspector") 
65     Page 27, line 21, leave out ("or any inspector") 
66     Page 27, line 23, leave out ("any person exercising") and insert ("the Chief Inspector in the exercise of") 
67     Page 27, line 27, leave out subsection (7) 
  
Clause 62
 
68     Page 27, line 32, leave out ("66") and insert (" 66(2)") 
69     Page 27, line 33, leave out ("person providing") and insert ("provider of") 
  
Clause 63
 
70     Page 28, line 6, leave out from ("may") to end of line 7 and insert (", without being asked to, conduct such an inspection") 
71     Page 28, line 8, leave out from ("If") to ("in") in line 9 and insert ("financial resources have been applied by the Learning and Skills Council or a local education authority") 
72     Page 28, line 11, leave out from ("which") to end of line and insert ("those resources have been applied") 
73     Page 28, line 26, leave out ("person providing") and insert ("provider of") 
  
Clause 64
 
74     Page 29, line 10, leave out subsections (5) and (6) 
  
Clause 69
 
75     Page 31, line 21, leave out subsections (4) and (5) 
  
After Clause 69
 
76     Insert the following new Clause-- 
 ("CHAPTER IV 
 GENERAl 
     .--(1)  For the purposes of the law of defamation a report published under a provision of, or made as a result of, this Part is privileged unless its publication is shown to have been made with malice.
 
    (2)  Nothing in subsection (1) limits any privilege subsisting apart from that subsection.")
Defamation.
  
Clause 71
 
77     Page 32, line 2, leave out ("body known as the") 
78     Page 32, leave out lines 5 to 9 
  
Clause 72
 
79     Page 32, line 29, leave out from ("1998") to end of line 31 
  
Clause 73
 
80     Page 33, line 20, at end insert--
 
    ("(  )  In exercising functions under this Part, the Chief Inspector for Wales must have regard to--
    (a)  advice given by the National Assembly; and
    (b)  such aspects of the National Assembly's policy as the National Assembly may specify.")
 
  
Clause 74
 
81     Page 33, line 21, leave out ("secure that") and insert ("inspect") 
82     Page 33, line 23, leave out ("is inspected by a member of the Inspectorate") 
83     Page 33, line 25, leave out from first ("The") to ("must") in line 26 and insert ("Chief Inspector for Wales") 
84     Page 33, line 26, leave out ("to the Chief Inspector for Wales") 
85     Page 33, line 35, leave out ("On receipt of a report under subsection (3),") 
86     Page 33, line 36, leave out ("it") and insert ("the report under subsection (3)") 
  
Clause 75
 
87     Page 34, line 8, leave out ("arrange for") and insert ("inspect, and report on,") 
88     Page 34, line 9, leave out from ("kind") to end of line 
89     Page 34, line 10, leave out ("arrange for") and insert ("inspect") 
90     Page 34, line 15, leave out from beginning to ("if") 
91     Page 34, line 19, leave out subsection (5) and insert--
 
    ("(  )  Subsections (5) to (8) of section 74 apply to a report under subsection (2) as they apply to a report under that section.
 
    (  )  The Chief Inspector for Wales may arrange for a report of an inspection carried out as a result of a request under subsection (3) to be published.")
 
  
Clause 76
 
92     Page 34, line 21, leave out from ("Part") to ("has") in line 23 and insert ("the Chief Inspector for Wales") 
93     Page 34, line 26, leave out ("person providing") and insert ("provider of") 
94     Page 34, line 39, leave out ("require") and insert ("such assistance from") 
95     Page 34, line 44, leave out from beginning to end of line 1 on page 35 and insert ("as the Chief Inspector for Wales") 
96     Page 35, line 3, leave out ("a person exercising") and insert ("the Chief Inspector for Wales in the exercise of") 
  
Clause 77
 
97     Page 35, line 8, leave out from ("inspection") to end of line and insert--
 
    ("(  )  But it does not apply to a report of an inspection conducted--
    (a)  as a result a request under section 75(3); or
    (b)  under section 80.")
 
98     Page 35, line 9, leave out ("person providing") and insert ("provider of") 
  
Clause 78
 
99     Page 35, line 28, after ("Assembly") insert ("for Wales") 
100     Page 35, line 38, after ("Assembly") insert ("for Wales") 
101     Page 35, line 41, leave out ("(5) to (8) of section 34") and insert ("(6) to (6C) of section 35") 
  
Clause 79
 
102     Page 36, line 6, leave out ("arrange for an inspection of") and insert ("inspect") 
103     Page 36, line 7, after ("Wales") insert ("by the Secretary of State") 
104     Page 36, line 9, leave out ("to be conducted by a member of the Inspectorate") 
105     Page 36, line 10, leave out subsection (2) 
106     Page 36, line 15 leave out from second ("State") to end of line 16 
107     Page 36, line 20, leave out from second ("Inspectorate") to end of line 21 
  
Clause 80
 
108     Page 36, line 36, leave out from ("being") to end of line 37 and insert ("asked to, conduct such an inspection") 
109     Page 36, line 37, at end insert--
 
    ("(  )  If financial resources have been applied by the Council or a local education authority in respect of education or training which is being inspected under this section, the inspection may extend to considering the manner in which those resources have been applied and whether they have been applied in a way which provides value for money.")
 
110     Page 36, line 42, leave out ("person providing") and insert ("provider of") 
111     Page 36, line 43, leave out from ("provide") to end of line 45 and insert ("such information as the Chief Inspector for Wales may reasonably require in connection with the inspection") 
112     Page 37, line 2, leave out from ("provide") to ("in") in line 4 and insert ("such information as the Chief Inspector for Wales may reasonably require") 
113     Page 37, line 6, at end insert--
 
    ("(  )  On completing an area inspection, the Chief Inspector for Wales must make a written report.")
 
114     Page 37, line 7, leave out ("(3)") and insert ("(4), (5)(a) to (c) and (6)") 
  
After Clause 80
 
115     Insert the following new Clause-- 
     ("  .--(1)  This section applies if the Chief Inspector for Wales publishes a report of an area inspection conducted under section 80.
 
    (2)  The National Assembly may direct the Council 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 National Assembly 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 National Assembly 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 National Assembly; and
    (b)  send copies of it to such persons as may be so prescribed.")
Action plans following section 80 inspections.
  
After Clause 82
 
116     Insert the following new Clause-- 
     ("  .--(1)  The Chief Inspector for Wales must, for the purposes of the consultation required under section 104(4) of the 1998 Act (funding of HM Chief Inspector of Education and Training for Wales), prepare a plan for each financial year.
 
    (2)  The plan must be submitted to the National Assembly by such time before the beginning of the financial year to which it relates as the National Assembly may direct.
 
    (3)  The plan must contain estimates of--
    (a)  the expenditure necessary, in the financial year to which the plan relates, in order to secure that the functions of the Chief Inspector for Wales are discharged effectively; and
    (b)  the income which the Chief Inspector for Wales will receive in that financial year and which may be applied towards meeting the expenses of the Chief Inspector for Wales.
    (4)  The plan must also contain proposals for the management of any funds which may be provided by the National Assembly for that financial year.
 
    (5)  The Chief Inspector for Wales may, after the plan has been approved under section 104(4A) of the 1998 Act, publish it in such manner and at such time as appear to the Chief Inspector for Wales to be appropriate.
Annual Plan of the Chief Inspector for Wales.
     (6)  The 1998 Act" means the Government of Wales Act 1998.")1998 c. 38.
  
Clause 87
 
117     Page 38, line 36, at end insert--
 
    ("(2A)  The Secretary of State may make a scheme providing for the transfer to any listed person of any of the property, rights and liabilities of a person with whom the Secretary of State has made arrangements under section 2 of the Employment and Training Act 1973 (arrangements regarding employment).")
 
118     Page 39, line 10, after ("(2)") insert ("or (2A)") 
119     Page 39, line 13, at end insert--
 
    ("(8A)  A scheme under subsection (2A) is invalid unless it is made with the consent of the person from whom the transfer is to be made.")
 
120     Page 39, line 14, leave out subsection (9) 
  
After Clause 87
 
121     Insert the following new Clause-- 
     ("  .--(1)  The National Assembly for Wales may make a scheme providing for the transfer of any of its property, rights and liabilities to the National Council for Education and Training for Wales.
 
    (2)  The National Assembly may make a scheme providing for the transfer to the Council of any of the property, rights and liabilities of a person with whom the National Assembly has made arrangements under section 2 of the Employment and Training Act 1973 (arrangements regarding employment).
 
    (3)  A scheme under this section may include such supplementary, incidental, consequential or transitional provisions as the National Assembly 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)  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 (Commencement) for the commencement of section 86.
 
    (7)  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 (Commencement) for the commencement of section 86.
 
    (8)  A scheme under subsection (2) is invalid unless it is made with the consent of the person from whom the transfer is to be made.")
Transfers: Wales.
122     Insert the following new Clause-- 
 ("Transfers: further provision 
     .--(1)  A transfer effected by virtue of section 84 or 86 is not to give rise to liability to stamp duty.
 
    (2)  Stamp duty is not to be chargeable on a scheme made under section 85, 87 or (Transfers: Wales).")
Stamp duty.
123     Insert the following new Clause-- 
     ("  .--(1)  This section applies if rights and liabilities under a contract of employment are transferred by virtue of--
    (a)  section 84 or 86, or
    (b)  a scheme under section 85, 87 or (Transfers: Wales).
    (2)  Anything done by or in relation to the transferor in respect of the employee before the day on which the transfer takes effect is to be treated on and after that day as done by or in relation to the transferee.
 
    (3)  For the purposes of Part XI of the Employment Rights Act 1996 (redundancy payments etc) the employee is not to be regarded as having been dismissed by virtue of the transfer.
 
    (4)  For the purposes of that Act the employee's period of employment with the transferor is to count as a period of employment with the transferee, and the change of employment is not to break the continuity of the period of employment.
 
    (5)  The preceding provisions do not prejudice any right of the employee to terminate the contract of employment if a substantial change is made to his detriment in his working conditions, but no such right arises by reason only of the change in employer effected by the transfer.
 
    (6)  For the purposes of this section--
    (a)  the transferor is the person from whom the rights and liabilities are transferred;
    (b)  the transferee is the person to whom the rights and liabilities are transferred.")
Contracts of employment.
  
Clause 91
 
124     Page 41, line 25, after ("Assembly") insert ("for Wales") 
  
Clause 92
 
125     Page 42, line 11, after ("Assembly") insert ("for Wales") 
  
Clause 94
 
126     Page 42, line 28, after ("Assembly") insert ("for Wales") 
 
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