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

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Before Clause 113
 
169     Insert the following new Clause-- 
  
        ("  .--(1)  For the purpose of the provision in Wales of services mentioned in subsection (2), any of the persons or bodies mentioned in subsection (3) may supply information about a young person--
      (a)  to a local authority;
      (b)  to any other person or body involved in the provision of the services.
        (2)  The services are--
      (a)  services provided in pursuance of section (Provision of services) of this Act,
      (b)  services provided in pursuance of any of sections 2, 8, 9 and 10 of the Employment and Training Act 1973 (training and careers services), and
      (c)  services wholly or partly funded in pursuance of section 12 of the Industrial Development Act 1982 (careers in industry).
        (3)  The persons and bodies are--
      (a)  a local authority,
      (b)  a Health Authority,
      (c)  the National Council for Education and Training for Wales,
      (d)  a chief officer of police,
      (e)  a probation committee, and
      (f)  a youth offending team.")
Wales: provision of information by public bodies.
  
Clause 113
 
170     Page 52, line 29, at end insert--
        ("(12)  Sections 496 and 497 of the Education Act 1996 shall have effect as if--
      (a)  the duties and powers referred to in those sections included duties imposed and powers conferred by virtue of this section, and
      (b)  in relation to those duties and powers, the bodies to which those sections apply included the governing body of a relevant school, the governing body (within the meaning given by section 90(1) of the Further and Higher Education Act 1992) of a further education institution and an appropriate body for the purposes of subsection (2)."")
 
  
Clause 114
 
171     Page 52, line 45, leave out ("and") 
172     Page 53, line 2, at end insert (", and
      (  )  who is receiving, or in the Secretary of State's opinion is likely to receive, post-16 education or training (within the meaning of Part I of this Act) or higher education (within the meaning of the Education Reform Act 1988).")
 
173     Page 53, line 10, leave out subsection (6) and insert--
        ("(6)  In its application to Wales this section shall have effect with the following modifications (in addition to those specified in section (Wales)--
      ("(a)  the reference to Part I of this Act shall be construed as a reference to Part II, and
      (b)  the reference to section 13 shall be construed as a reference to section 41.")
 
  
After Clause 114
 
174     Insert the following new Clause-- 
 
        ("  .--(1)  This section applies to a company if--
      (a)  it has entered into an arrangement with the Secretary of State with a view to receiving payments under section 2(2)(d) of the Employment and Training Act 1973 (arrangements in respect of training) in connection with the provision of facilities,
      (b)  before the passing of this Act the company has received notice from the Secretary of State that he intends to terminate the arrangement mentioned in paragraph (a),
      (c)  the company's memorandum and articles of association are in a form approved by the Secretary of State generally or specifically for purposes connected with arrangements of the kind described in paragraph (a), and
      (d)  the company's memorandum of association requires all income and profits to be applied towards the promotion of the company's objects and not to be distributed to members.
        (2)  Unless the Secretary of State consents in writing, a company to which this section applies may not after the passing of this Act--
      (a)  take action of a prescribed kind, or
      (b)  cause or permit a person to take action of a prescribed kind.
        (3)  In subsection (2) "prescribed" means prescribed by order of the Secretary of State; and the action which may be prescribed under that subsection includes, in particular--
      (a)  making a disposal or payment of a prescribed kind or in prescribed circumstances,
      (b)  incurring expenditure of a prescribed kind or in prescribed circumstances, and
      (c)  entering into a transaction of a prescribed kind or in prescribed circumstances.
        (4)  A company to which this section applies shall comply with a written direction from the Secretary of State given after the passing of this Act which requires it to transfer an asset to--
      (a)  a specified body, or
      (b)  the Secretary of State.
        (5)  Before giving a direction to a company under subsection (4) the Secretary of State shall consult the company.
        (6)  Where a company to which this section applies takes, causes or permits action in contravention of subsection (2) the High Court may on the application of the Secretary of State make any order which seems to it appropriate.
        (7)  An order under subsection (6) may, in particular--
      (a)  provide for a contract or other agreement to be of no effect;
      (b)  vary the terms of a contract or other agreement;
      (c)  require money to be paid to the Secretary of State by or on behalf of the company to which this section applies;
      (d)  require money to be paid to the Secretary of State by or on behalf of any other specified person;
      (e)  require the Secretary of State to pay to a specified person compensation of an amount specified in the order or determined in accordance with the order.
        (8)  Section (Wales) shall not apply to this section; but in the application of this section to a company which operates in Wales--
      (a)  a reference to the Secretary of State in subsection (1)(a) and (b) shall be construed as a reference to the Secretary of State or the National Assembly for Wales,
      (b)  the functions conferred or imposed on the Secretary of State by subsections (2) to (6) shall be exercisable by the National Assembly, and
      (c)  a reference in subsections (2) to (7) to the Secretary of State shall be taken as a reference to the National Assembly.")
Training programmes: cessation of funding.
  
Clause 116
 
175     Page 55, line 21, after ("of(", insert ("property,") 
  
After Clause 116
 
176     Insert the following new Clause-- 
 
        ("  .--(1)  This section applies to land which after the coming into force of this section is transferred to trustees under section 32(3)(b) of the Further and Higher Education Act 1992 (transfer of property on designation of institution).
        (2)  This section also applies to land which--
      (a)  is held by trustees for the purposes of an institution which became a designated institution after the coming into force of this section, and
      (b)  was acquired or enhanced in value wholly or partly by means of money paid under section 65 of the Education Act 1996 (grants) or paragraph 5 of Schedule 3 to the School Standards and Framework Act 1998 (grants).
        (3)  If trustees dispose of land to which this section applies they shall notify the appropriate council.
        (4)  If trustees dispose of land to which this section applies they shall pay to the appropriate council so much of the proceeds of disposal as may be determined to be just--
      (a)  by agreement between the trustees and the council, or
      (b)  in default of agreement, by the Secretary of State.
        (5)  In making a determination under subsection (4) regard shall be had, in particular, to--
      (a)  the value of the land at the date of the determination, and
      (b)  any enhancement of the land's value which is attributable to expenditure by the trustees or the governing body of the designated institution.
        (6)  More than one determination may be made under subsection (4) in relation to a particular disposal where it is just to do so, in particular where the disposal involves the creation of a lease.
        (7)  If trustees permit land to which this section applies to be used for purposes not connected with the designated institution--
      (a)  they shall be treated for the purposes of this section as having disposed of the land, and
      (b)  subsection (4) shall have effect as if the reference to the proceeds of disposal were a reference to the value of the land.
        (8)  Where a designated institution has ceased to exist--
      (a)  this section applies to land which satisfied subsection (1) or (2) immediately before the institution ceased to exist, and
      (b)  in subsection (7) the reference to purposes not connected with the designated institution shall be treated as a reference to purposes not connected with an institution within the further education sector (within the meaning given by section 91(3) of the Further and Higher Education Act 1992).
        (9)  In this section "the appropriate council" means--
      (a)  the Learning and Skills Council for England, in respect of land in England, and
      (b)  the National Council for Education and Training for Wales, in respect of land in Wales.")
Designated institutions: disposal of land, &c.
177     Insert the following new Clause-- 
 
        ("  .--(1)  Subsection (2) applies where a member of a body listed in subsection (3) is found liable in civil legal proceedings in respect of something which he did or omitted to do in the course of carrying out his duties as a member of the body.
        (2)  If--
      (a)  the member of the body applies to a court for an order under this subsection, and
      (b)  the court considers that the action or omission which gives rise to the member's liability was honest and reasonable,
    the court may make an order extinguishing, reducing or varying the liability.
        (3)  The bodies referred to in subsection (1) are--
      (a)  a further education corporation established by virtue of section 15, 16 or 47 of the Further and Higher Education Act 1992, and
      (b)  a body corporate established by virtue of section 116(4) or (5) of this Act.
        (4)  Where a member of a body listed in subsection (3) applies to a court for an order under this subsection, the court may make any order which--
      (a)  relates to liability in civil legal proceedings which may come to be incurred by the member in respect of a specified course of action, and
      (b)  is of a kind which the court could have made if the liability had already been incurred.
        (5)  In subsections (2)(a) and (4) "a court" means the High Court or a county court; but this subsection is subject to any order under section 1 of the Courts and Legal Services Act 1990 (allocation of business between High Court and county courts).")
Further education colleges: governors' liability.
178     Insert the following new Clause-- 
 
        ("  .--(1)  The Teaching and Higher Education Act 1998 shall be amended as follows.
        (2)  In section 22 (new arrangements for giving financial support to students)--
      (a)  in subsection (1) for "attending" substitute "undertaking", and
      (b)  in subsections (2)(h) and (7) omit "attendance on".
        (3)  In section 23 (transfer or delegation of functions relating to student support) in subsection (1)(b)--
      (a)  for "at" substitute "with", and
      (b)  for "attending" substitute "undertaking".
        (4)  In section 26 (imposition of conditions as to fees at further or higher education institutions) in subsections (4), (5) and (10)(b) for "attending" (in each place) substitute "undertaking".
        (5)  In section 28(1) (interpretation) in the definition of "fees" for "attendance on" (in each place) substitute "undertaking".")
Financial support for students.
179     Insert the following new Clause-- 
 
        ("  .--(1)  The Education (Student Support) (Northern Ireland) Order 1998 shall be amended as follows.
        (2)  In Article 2(2) (interpretation) in the definition of "fees" for "attendance on" (in each place) substitute "undertaking".
        (3)  In Article 3 (new arrangements for giving financial support to students)--
      (a)  in paragraph (1) for "attending" substitute "undertaking";
      (b)  in paragraphs (2)(h) and (7) omit "attendance on".
        (4)  In Article 4 (transfer or delegation of functions relating to student support) in paragraph (1)(b)--
      (a)  for "at" substitute "with", and
      (b)  for "attending" substitute "undertaking".
        (5)  In Article 7 (imposition of conditions as to fees at further or higher education institutions) in paragraphs (1), (2), (3) and (8)(b) for "attending" (in each place) substitute "undertaking".")
Financial support for students: Northern Ireland.
  
Clause 117
 
180     Page 55, line 26, at end insert--
        ("(1A)  In section 351 (general duties in respect of the curriculum) after subsection (5) insert--
        (6)  Nothing in this section shall be taken to impose duties on a local education authority with regard to sex education."")
 
181     Page 55, leave out lines 28 and 29 and insert ("omit "local education authority,".") 
182     Page 55, line 30, leave out from beginning to end of line 44 on page 56 and insert--
 
    ("(3)  After subsection (1) of that section insert--
        (1A)  The Secretary of State must issue guidance designed to secure that when sex education is given to registered pupils at maintained schools they are protected from teaching and materials which are inappropriate having regard to the age and the religious and cultural background of the pupils concerned.
        (1B)  In discharging their functions under subsection (1) governing bodies and head teachers must have regard to the Secretary of State's guidance.
        (1C)  Guidance under subsection (1A) must include guidance about any material which may be produced by NHS bodies for use for the purposes of sex education in schools.
        (1D)  The Secretary of State may at any time revise his guidance under subsection (1A)."
    (4)  In subsection (2) of that section--
    (a)  for "subsection (1)" substitute "this section", and
    (b)  at the end insert "and "NHS body" has the same meaning as in section 22 of the National Health Service Act 1977."
    (5)  In section 404 (sex education: statements of policy) after subsection (1) insert--
        (1A)  A statement under subsection (1) must include a statement of the effect of section 405."")
 
  
Before Clause 119
 
183     Insert the following new Clause-- 
     ("  .--(1)  Where this Part of this Act confers a function on the Secretary of State (whether by amendment of another Act or otherwise)--
    (a)  the function shall be exercisable in relation to Wales by the National Assembly for Wales, and
    (b)  for that purpose any reference to the Secretary of State shall be taken as a reference to the National Assembly.
    (2)  Where--
    (a)  this Part confers a function on the Secretary of State by amendment of an Act, and
    (b)  any functions of that Act have before the passing of this Act been transferred to the National Assembly by Order in Council under section 22 of the Government of Wales Act 1998 (transfer of functions),
the Order shall be treated for the purposes of any varying or revoking Order as having transferred to the National Assembly the function mentioned in paragraph (a).
 
    (3)  Subsection (1)(a) has effect subject to any Order in Council made by virtue of subsection (2).
 
    (4)  This section shall not apply in relation to--
    (a)  section 85, 87, 96, (Pensions) or (Commencement) of this Act,
    (b)  the amendment of section 1(3) of the Education (Fees and Awards) Act 1983 (fees at institutions) made by Schedule 8 to this Act,
    (c)  the amendment of section 26 of the Employment Act 1988 (status of trainees etc) made by Schedule 8 to this Act, or
    (d)  the amendment of section 19 of the Disability Discrimination Act 1995 (discrimination in relation to goods, facilities and services) made by Schedule 8 to this Act.")
Wales.
  
Clause 119
 
184     Page 57, line 2, leave out ("Schedule 9 contains") and insert ("Parts I and II of Schedule 9 contain") 
185     Page 57, line 5, at end insert--
 
    ("(  )  Part III of Schedule 9 contains transitional provision relating to the establishment of the Adult Learning Inspectorate.")
 
186     Page 57, line 5, at end insert--
 
    ("(  )  Part IV of Schedule 9 contains transitional provision relating to the Education (Student Loans) Act 1990.")
 
 
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