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 112
 
155     Insert the following new Clause-- 
 ("Support for 11 to 25 year olds: Wales 
  
        .--(1)  The National Assembly for Wales may direct a local authority--
      (a)  to provide youth support services;
      (b)  to secure the provision of youth support services;
      (c)  to participate in the provision of youth support services.
        (2)  In this section "youth support services" means services which in the opinion of the National Assembly will encourage, enable or assist young persons (directly or indirectly)--
      (a)  to participate effectively in education or training,
      (b)  to take advantage of opportunities for employment, or
      (c)  to participate effectively and responsibly in the life of their communities.
        (3)  In this section "young persons" means persons who have attained the age of 11 but not the age of 26.
        (4)  A direction under subsection (1)--
      (a)  may include provision for grants, loans and other kinds of financial assistance to be provided by the National Assembly (whether or not on conditions),
      (b)  may require local authorities to have regard to guidance issued by the National Assembly, and
      (c)  may require local authorities when making arrangements with other persons to require those persons to have regard to guidance issued by the National Assembly.
        (5)  A direction under subsection (1)--
      (a)  may relate to a particular class of young person;
      (b)  may make different provision for different classes of young person;
      (c)  may be revoked or varied by a later direction.")
Provision of services.
156     Insert the following new Clause-- 
  
        ("  .--(1)  A local authority--
      (a)  shall comply with a direction given to it under section (Provision of services)(1), and
      (b)  may provide, secure the provision of or participate in the provision of youth support services otherwise than in accordance with paragraph (a).
        (2)  Action which a local authority takes in pursuance of subsection (1)--
      (a)  may relate to a particular class of young persons;
      (b)  may relate to services for a person from another area.
        (3)  In complying with a direction under section (Provision of services)(1) a local authority shall have regard to the expediency of co-operation with voluntary organisations.
        (4)  For the purpose of subsection (1) a local authority may--
      (a)  incur expenditure;
      (b)  employ officers;
      (c)  enter into agreements for the supply of goods or services;
      (d)  do anything else (other than forming companies) which they consider necessary or expedient.
        (5)  Nothing in or done under section (Provision of services) shall prejudice any power of a local authority to provide services or incur expenditure.")
Local authority: duty and powers.
157     Insert the following new Clause-- 
  
        ("  .--(1)  Before complying with a direction under section (Provision of services)(1) by providing, securing the provision of or participating in the provision of services for residents of a particular place or area, a local authority shall consult each of the following with responsibility for all or part of the area--
      (a)  a Health Authority,
      (b)  a chief officer of police,
      (c)  a police authority,
      (d)  a probation committee, and
      (e)  a youth offending team.
        (2)  The local authority shall also--
      (a)  consult any voluntary body which provides services for young persons in the place or area concerned and which the local authority think it appropriate to consult,
      (b)  consult the National Council for Education and Training for Wales,
      (c)  consult any authority or person with whom arrangements have been made for the place or area concerned under section 10(1) or (3)(a), (b) or (c) of the Employment and Training Act 1973 (careers services),
      (d)  consult any relevant organisation established for the purpose of enabling voluntary bodies to co-operate and co-ordinate their activities,
      (e)  consult such other persons as the local authority think appropriate, and
      (f)  provide such opportunities as the local authority think appropriate for young persons in the place or area concerned to express their views.
        (3)  Subsection (4) applies where a local authority--
      (a)  provide or propose to provide youth support services for the residents of a particular place or area, or
      (b)  secure or propose to secure the provision of youth support services for the residents of a particular place or area.
        (4)  Where this subsection applies, persons and bodies listed in subsection (1) with responsibility for all or part of that place or area shall--
      (a)  exercise their functions so as to support and assist the services provided, secured or proposed by the local authority, and
      (b)  coordinate the exercise of their functions, so far as seems reasonable, with persons providing those services.
        (5)  Subsection (4) shall not require persons or bodies to take action which would significantly interfere with the efficient or effective exercise of their functions.")
Consultation and coordination.
158     Insert the following new Clause-- 
  
        ("  .--(1)  Where a person is involved in the provision of services in pursuance of section (Provision of services)(1)(a) or (b), an educational institution to which this section applies shall, for the purpose of the provision of those services--
      (a)  provide him on request with the name and address of a pupil or student;
      (b)  provide him on request with the name and address of a parent of a pupil or student;
      (c)  provide him on request with information in the institution's possession about a pupil or student;
      (d)  permit him to have access to a pupil or student on the institution's premises at reasonable times;
      (e)  make available to him, so far as is reasonably convenient, facilities on the institution's premises for providing services to individual pupils or students or groups of pupils or students.
        (2)  Information shall not be provided under subsection (1)(c)--
      (a)  in the case of a pupil or student who has not attained the age of 16, if a parent of his has instructed the institution not to provide information of that kind under this section, or
      (b)  in the case of a pupil or student who has attained the age of 16, if he has instructed the institution not to provide information of that kind under this section.
        (3)  This section applies to the following institutions--
      (a)  community, foundation and voluntary schools,
      (b)  community or foundation special schools (other than those established in hospitals),
      (c)  city technology colleges and city colleges for the technology of the arts,
      (d)  pupil referral units,
      (e)  institutions within the further education sector, and
      (f)  institutions in receipt of funding from the National Council for Education and Training for Wales.")
Educational institutions: information and access.
159     Insert the following new Clause-- 
  
        ("  .--(1)  Her Majesty's Chief Inspector of Education and Training in Wales--
      (a)  shall advise the National Assembly for Wales on request about matters relating to services provided in pursuance of section (Provision of services)(1),
      (b)  may give the National Assembly other advice about those matters,
      (c)  shall, when requested to do so by the National Assembly, 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)  The National Assembly shall consult the Chief Inspector before making a request under subsection (1)(a) or (c).
        (3)  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.
        (4)  A reference in subsection (1) to the provision of services includes a reference to the management and use of resources in providing services.")
Inspection.
160     Insert the following new Clause-- 
  
        ("  .--(1)  This section applies where a service is inspected pursuant to a request under section (Inspection)(1)(c) or in accordance with section (Inspection)(1)(d).
        (2)  A person carrying out or participating in the inspection shall have the same powers as an Inspector under the following provisions of the School Inspections Act 1996--
      (a)  section 6(3)(a) and (b) (right of access), and
      (b)  section 42 (computer records).
        (3)  Section 42A of that Act (publication of reports) shall apply.
        (4)  Where the Chief Inspector arranges for the publication of a report of an inspection, the person who provides the inspected service shall--
      (a)  prepare a written statement of the action which he proposes to take in the light of the report and the period within which he proposes to take it,
      (b)  publish the statement within such period, and in such manner, as may be prescribed by regulations made by the National Assembly for Wales, and
      (c)  send copies of the statement to such persons as may be prescribed by regulations made by the National Assembly.
        (5)  Where a local authority provides an inspected service, or secures or participates in the provision of an inspected service, the authority--
      (a)  shall ensure that the action specified in any statement prepared under subsection (4)(a) is sufficient to remedy any weakness mentioned in the report, and
      (b)  shall take all reasonable steps to ensure that the action specified in the statement is taken within the period specified.
        (6)  If the National Assembly consider that a local authority is failing to comply with its duties under subsection (5)--
      (a)  the National Assembly may give directions to the local authority about the performance of those duties, and
      (b)  the authority shall comply with the directions.")
Conduct and effect of inspections.
161     Insert the following new Clause: 
  
        ("  .--(1)  In sections (Provision of services) to (Conduct and effect of inspections)--
      local authority" means a county council or a county borough council,
      Health Authority" has the meaning given by section 8 of the National Health Service Act 1977,
      parent", in relation to a child, means a person who has parental responsibility for him within the meaning of section 3 of the Children Act 1989,
      probation committee" means a committee established under section 3 of the Probation Service Act 1993,
      police authority" has the meaning given by section 101 of the Police Act 1996,
      young person" has the meaning given by section (Provision of services)(3),
      youth offending team" means a team established under section 39 of the Crime and Disorder Act 1998, and
      youth support services" has the meaning given by section (Provision of services)(2).
        (2)  The power under section (Provision of services) shall not relate to services which are provided or to be provided outside Wales.")
Supplementary.
162     Insert the following new Clause-- 
 ("City colleges and academies 
  
        .--(1)  Section 482 of the Education Act 1996 (city technology colleges and city colleges for the technology of the arts) shall be amended as follows.
        (2)  In subsection (2)(c)--
      (a)  omit "either", and
      (b)  after "arts" insert "or on a subject area mentioned in subsection (2A)".
        (3)  After subsection (2) insert--
        (2A)  The subject areas are--
      (a)  modern foreign languages;
      (b)  visual arts, performing arts or media arts (or any combination of them);
      (c)  sport;
      (d)  any subject specified by order by the Secretary of State."
 
 
        (4)  In subsection (3) after paragraph (b) insert ", or
      (c)  as a city academy, if the emphasis of its curriculum is on a subject area mentioned in subsection (2A)."
    (5)  After subsection (3) insert--
        (3A)  A school established on or after the relevant day and which would otherwise, by virtue of subsection (3), be known as a city technology college or a city college for the technology of the arts may instead, if the person carrying it on so chooses, be known as a city academy.
        (3B)  Before entering into an agreement under this section in relation to a school to be known as a city academy, the Secretary of State must consult the local education authorities referred to in subsection (3C) about the establishment of the school.
        (3C)  The authorities are--
      (a)  the local education authority in whose area the school is to be situated, and
      (b)  if the Secretary of State thinks a significant proportion of the pupils at the school is likely to be resident within the area of another local education authority, that authority."
    (6)  After subsection (5) insert--
        (6)  For the purposes of subsection (3A) the relevant day is the day on which section (City academies) of the Learning and Skills Act 2000 comes into force."
    (7)  This section does not apply to schools in Wales.")
City academies.
163     Insert the following new Clause-- 
     ("  .--(1) Schedule (City academies: land) contains provisions about land in relation to city academies.
 
    (2)  That Schedule does not apply to land in Wales.")
City academies: land.
164     Insert the following new Clause-- 
     ("  . In section 483 of the Education Act 1996 (city colleges: financial provisions) after subsection (3) there shall be inserted--
        (3A)  If the school is a city academy, subsection (3) shall apply with such modifications (if any) as may be specified by the Secretary of State by order."")
City academies: financial provisions.
165     Insert the following new Clause-- 
     ("  .  After section 483 of the Education Act 1996 there shall be inserted--City colleges and academies: special educational needs.
 City colleges and academies: special educational needs.     483A.--(1)  This section applies in relation to any child falling within subsection (2) if the condition in subsection (3) is satisfied.
 
    (2)  A child falls within this subsection if--
    (a)  he is a child for whom a statement is maintained under section 324, and
    (b)  he attends (or proposes to attend) a school which is a city technology college, a city college for the technology of the arts or a city academy.
    (3)  The condition in this subsection is satisfied if--
    (a)  the school is approved by the Secretary of State under section 347(1), or
    (b)  the Secretary of State consents to the child being educated at the school.
    (4)  The Secretary of State may by regulations make provision for securing that arrangements are made--
    (a)  for making the special educational provision specified in the statement;
    (b)  for making any non-educational provision specified in the statement.
    (5)  Regulations under subsection (4) may require or authorise a local education authority--
    (a)  to make payments to the school in respect of the child, or
    (b)  to provide any other assistance to the school in respect of the child.
    (6)  No condition or requirement imposed by virtue of section 482(4)(a) is to prevent a local education authority making payments or providing assistance by virtue of subsection (5).
 
    (7)  This section does not apply to schools in Wales."")
 
166     Insert the following new Clause-- 
 ("Pensions 
  
        .--(1)  Section 1 of the Superannuation Act 1972 (persons to or in respect of whom benefits may be provided by schemes under that section) shall apply to persons falling within subsection (2).
        (2)  This subsection applies to a person if--
      (a)  he has rights and obligations as a pensioner or deferred pensioner under a salary related occupational pension scheme, and
      (b)  the rights and obligations arose by virtue of his or another person's employment with any of the employers specified in subsection (3).
        (3)  The employers are--
      (a)  a person with whom the Secretary of State or the National Assembly for Wales has made arrangements under section 2 of the Employment and Training Act 1973 and who is specified in an order made by the Secretary of State or is of a description so specified;
      (b)  a company which is a subsidiary of a person falling within paragraph (a) and which is specified in an order made by the Secretary of State or is of a description so specified.
        (4)  A scheme under section 1 of the Superannuation Act 1972 (a new scheme) may not be made in relation to the persons falling within subsection (2) unless--
      (a)  the trustees of the occupational scheme consent in writing to the new scheme being made,
      (b)  the rights of the persons under the new scheme are no less generous than their rights as they existed under the occupational scheme, and
      (c)  the obligations of the persons under the new scheme are no more onerous than their obligations as they existed under the occupational scheme.")
Pensions.
167     Insert the following new Clause-- 
  
        ("  .--(1)  This section has effect for the purposes of section (Pensions).
        (2)  Rights in relation to a person include--
      (a)  all forms of right to or eligibility for the present or future payment of a pension to or in respect of him;
      (b)  a right of allocation in respect of the present or future payment of a pension.
        (3)  A deferred pensioner is a person who has rights under the occupational scheme but is neither a pensioner under it nor a person to whom rights are accruing under it by virtue of his employment.
        (4)  Salary related occupational pension scheme" has the meaning given by section 93(1A) of the Pension Schemes Act 1993.")
Pensions: interpretation.
168     Insert the following new Clause-- 
  
        ("  .--(1)  A function exercisable by virtue of section 1 of the Superannuation Act 1972 in consequence of section (Pensions) or of paragraph 6(1) of Schedule 1 may be exercised by (or by employees of) such person as may be authorised in that behalf by the person whose function it is.
        (2)  An authorisation given by virtue of subsection (1) may authorise the exercise of a function--
      (a)  either wholly or to such extent as may be specified in the authorisation;
      (b)  either generally or in such cases as may be so specified;
      (c)  either unconditionally or subject to the fulfilment of such conditions as may be so specified.
        (3)  An authorisation given by virtue of subsection (1) is to be treated for all purposes as if it were given by virtue of an order under section 69 of the Deregulation and Contracting Out Act 1994 (contracting out of functions of Ministers and office-holders).
        (4)  An authorisation given by virtue of subsection (1) may be revoked at any time by the person who gave it.")
Pensions: delegation.
 
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