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

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Clause 95
 
127     Page 43, line 4, at end insert--
 
    ("(2A)  In subsection (3) of section 24 for "(g)" substitute "(gg)".")
 
  
Clause 96
 
128     Page 43, line 39, at end insert--
 
    ("(7)  The power to make regulations under this section is to be exercised by the Scottish Ministers so far as those regulations are to have effect for the purposes of any provision of, or made under, an Act of the Scottish Parliament authorising grants to be paid to, or in respect of, individuals in connection with their education or training; and for this purpose references in this section to the Secretary of State are to be treated as references to the Scottish Ministers.
 
    (8)  For the purposes of this section an enactment includes an Act of the Scottish Parliament.")
 
  
After Clause 96
 
129     Insert the following new Clause-- 
     ("  .--(1)  Subsection (2) applies if a provision contained in or made under an enactment requires arrangements to qualify under this section (or to qualify under it at a particular time).
 
    (2)  The provision is to be taken to require the arrangements to satisfy conditions specified by the Secretary of State in regulations made under this section (or to satisfy them at the time concerned).
 
    (3)  These conditions may be included--
    (a)  conditions as to the description of individual who may enter into arrangements;
    (b)  conditions as to the description of body with which arrangements may be made;
    (c)  conditions as to the nature of the arrangements and the way they are to be made;
    (d)  conditions requiring the arrangements to be identified by a specified name.
    (4)  Conditions as to the description of body with which arrangements may be made may themselves specify the description or may allow the Secretary of State to specify it in a way he thinks fit.
 
    (5)  The regulations may provide that a specification of a description of body with which arrangements may be made may include a requirement for bodies to have the benefit of approvals which have been given by the Secretary of State and not withdrawn.
 
    (6)  The regulations may contain provision securing that an individual may not simultaneously--
    (a)  be a party to more than one set of arrangements which qualify under this section, or
    (b)  be a party to arrangements which qualify under this section and to arrangements falling within subsection (7).
    (7)  Arrangements fall within this subsection if they are--
    (a)  arrangements which qualify under such provision of the law of Scotland as in the opinion of the Secretary of State corresponds to this section, or
    (b)  arrangements which qualify under section (Qualifying arrangements: Northern Ireland).")
Qualifying arrangements.
130     Insert the following new Clause-- 
     ("  .--(1)  Subsection (2) applies if a provision contained in or made under an enactment requires arrangements to qualify under this section (or to qualify under it at a particular time).
 
    (2)  The provision is to be taken to require the arrangements to satisfy conditions specified by the Department of Higher and Further Education, Training and Employment in Northern Ireland in regulations made under this section (or to satisfy them at the time concerned).
 
    (3)  Subsections (3) to (7) of section (Qualifying arrangements) apply to regulations under this section as they apply to regulations under that section; and for this purpose--
    (a)  references in those subsections to the Secretary of State are to be treated as references to the Department;
    (b)  the reference in subsection (7)(b) to arrangements which qualify under this section is to be treated as a reference to arrangements which qualify under section (Qualifying arrangements).")
Qualifying arrangements: Northern Ireland.
131     Insert the following new Clause-- 
     ("  .--(1)  The Secretary of State (or a person designated by him) may make arrangements with a body in connection with the making by that body of arrangements which qualify under section (Qualifying arrangements).
 
    (2)  Arrangements under subsection (1) may include provision for the remuneration of a body and the payment of its expenses.
 
    (3)  Arrangements under subsection (1) may include provision for a person designated by the Secretary of State to carry out on his behalf such of his functions under the arrangements as he specifies.
 
    (4)  The Secretary of State may pay--
    (a)  to a person designated by him under subsection (1) to make arrangements with a body, or
    (b)  to a person designated by him under subsection (3) to carry out functions on his behalf,
remuneration or amounts to meet the person's expenses.
 
    (5)  The Department of Higher and Further Education, Training and Employment in Northern Ireland (or a person designated by it) may make arrangements with a body in connection with the making by that body of arrangements which qualify under section (Qualifying arrangements: Northern Ireland).
 
    (6)  Subsections (2) to (4) apply to arrangements under subsection (5) as they apply to arrangements under subsection (1); and for this purpose references in subsections (2) to (4) to the Secretary of State are to be treated as references to the Department.")
Qualifying arrangements: further provision.
  
Clause 97
 
132     Page 43, line 43, leave out from ("regulations") to first ("may") in line 1 on page 44 and insert ("must provide that grants may be paid only to or in respect of individuals--
    (a)  who hold accounts which qualify under section 96,
    (b)  who are parties to arrangements which qualify under section (Qualifying arrangements), or
    (c)  who hold such accounts and are parties to such arrangements.
    (2A)  The regulations")
 
133     Page 44, line 6, at end insert--
    ("(aa)  conditions as to the way the arrangements qualifying under section (Qualifying arrangements) are conducted;")
 
134     Page 44, line 38, leave out subsection (7) 
  
After Clause 97
 
135     Insert the following new Clause-- 
     ("  .--(1)  The Department of Higher and Further Education, Training and Employment in Northern Ireland may make regulations authorising grants to be paid to or in respect of individuals in connection with their education or training.
 
    (2)  The regulations must provide that grants may be paid only to or in respect of individuals--
    (a)  who hold accounts which qualify under section 96,
    (b)  who are parties to arrangements which qualify under section (Qualifying arrangements: Northern Ireland), or
    (c)  who hold such accounts and are parties to such arrangements.
    (3)  Subsections (3) to (7) of section 97 apply to regulations under this section as they apply to regulations under that section; and for this purpose--
    (a)  references in those subsections to the Secretary of State are to be treated as references to the Department;
    (b)  the reference in subsection (4)(b) to arrangements which qualify under section (Qualifying arrangements) is to be treated as a reference to arrangements which qualify under section (Qualifying arrangements: Northern Ireland).")
Grants: Northern Ireland.
  
Clause 98
 
136     Leave out Clause 98 
  
Clause 102
 
137     Page 46, line 26, at end insert--
 
    ("(  )  Sections 496 and 497 of the Education Act 1996 (intervention) shall have effect in relation to powers and duties conferred or imposed by virtue of Schedule 7 as if--
    (a)  those powers and duties were conferred or imposed by the Education Act 1996, and
    (b)  the bodies specified in sections 496(2) and 497(2) were any local education authority, any school organisation committee and the governing body of any maintained school (within the meaning given by section 20(7) of the School Standards and Framework Act 1998).")
 
  
Clause 103
 
138     Page 47, line 5, leave out subsection (6) 
  
Clause 104
 
139     Page 47, line 21, leave out ("and") 
140     Page 47, line 22, at end insert-- 
 ("and 
 
    (  )  a Primary Care Trust.")
 
  
Clause 106
 
141     Page 48, line 40, leave out ("and city colleges for the technology of the arts,") and insert (", city colleges for the technology of the arts and city academies,") 
  
Clause 107
 
142     Leave out Clause 107 
  
After Clause 107
 
143     Insert the following new Clause-- 
     ("  .--(1)  Her Majesty's Chief Inspector of Schools in England--
    (a)  shall advise the Secretary of State on request about matters relating to services provided in pursuance of section 103(1),
    (b)  may give the Secretary of State other advice about those matters,
    (c)  shall, when requested to do so by the Secretary of State, inspect and report on the provision of those services, and
    (d)  may undertake such other inspections of the provision of those services as he thinks fit.
    (2)  A request under subsection (1)(c)--
    (a)  may be general or in relation to specific matters,
    (b)  may relate to a specific person or institution providing services, or to a specific class of person or institution, and
    (c)  may relate to a specific area.
    (3)  A reference in subsection (1) to the provision of services includes a reference to the management and use of resources in providing services.
 
    (4)  Subsections (5) to (7) apply to an inspection under subsection (1)(c) or (d) of services provided by a person or institution in pursuance of section 103(1).
Inspection.
     (5)  A person carrying out or participating in the inspection shall have the same powers as an Inspector of Schools under the following provisions of the School Inspections Act 1996--
    (a)  section 3(3)(a) and (b) (right of access), and
    (b)  section 42 (computer records).
    (6)  Section 42A of the 1996 Act (publication of reports) shall apply.
 
    (7)  A person who wilfully obstructs a person in carrying out or participating in the inspection--
    (a)  shall be guilty of an offence, and
    (b)  shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.")
1996 c. 57.
  
Clause 108
 
144     Page 49, line 35, leave out ("age") and insert ("date of birth") 
  
Clause 109
 
145     Page 50, line 12, after ("the") insert ("persons or") 
146     Page 50, line 15, after ("person") insert ("or body") 
147     Page 50, line 16, after ("Those") insert ("persons and") 
148     Page 50, line 19, at end insert--
    ("(  )  a chief officer of police,")
 
149     Page 50, line 20, leave out ("and") 
150     Page 50, line 21, at end insert ("and
    (  )  a Primary Care Trust")
 
  
Clause 110
 
151     Transpose Clause 110 to before Clause 113 
  
Clause 111
 
152     Page 50, line 33, leave out ("110") and insert ("109") 
153     Page 51, line 5, at end insert--
 
    ("(  )  The power under section 103 shall not be used to provide or secure the provision of services outside England.")
 
  
Clause 112
 
154     Page 51, leave out lines 8 to 39 and insert-- 
 Inspection.     10B.--(1)  Her Majesty's Chief Inspector of Schools in England--
    (a)  shall advise the Secretary of State on request about matters relating to services provided in England in pursuance of section 8 or 9,
    (b)  may give the Secretary of State other advice about those matters,
    (c)  shall, when requested to do so by the Secretary of State, inspect and report on the provision of those services by any person or institution, and
    (d)  may undertake such other inspections of the provision of those services by persons or institutions as he thinks fit.
    (2)  A request under subsection (1)(c)--
    (a)  may be general or in relation to specific matters,
    (b)  may relate to a specific person or institution providing services, or to a specific class of person or institution, and
    (c)  may relate to a specific area.
    (3)  An inspection under subsection (1)(c) or (d) may not relate to services provided for persons who have attained the age of 20.
 
    (4)  A reference in subsection (1) to the provision of services includes a reference to the management and use of resources in providing services.
 
    (5)  Subsections (6) to (8) apply to an inspection under subsection (1)(c) or (d) of services provided in pursuance of arrangements under section 10(1) of this Act.
 
      (6)  A person carrying out or participating in the inspection shall have the same powers as an Inspector of Schools under the following provisions of the School Inspections Act 1996--
    (a)  section 3(3)(a) and (b) (right of access), and
    (b)  section 42 (computer records).
    (7)  Section 42A of the 1996 Act (publication of reports) shall apply.
 
    (8)  A person who wilfully obstructs a person in carrying out or participating in the inspection--
    (a)  shall be guilty of an offence, and
    (b)  shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale."")
1996 c. 57.
 
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