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

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Clause 120
 
187     Page 57, line 12, leave out ("122(1)") and insert ("(Commencement)(1) or (3)") 
188     Page 57, line 14, at end insert--
 
    ("(2A)  A statutory instrument is subject to annulment in pursuance of a resolution of the Scottish Parliament if the instrument contains regulations made by the Scottish Ministers under section 96.
 
    (2B)  The power of the Department of Higher and Further Education, Training and Employment in Northern Ireland to make regulations under section (Qualifying arrangements: Northern Ireland) or (Grants: Northern Ireland) shall be exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979; and any such regulations shall be subject to negative resolution within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 as if they were statutory instruments within the meaning of that Act.")
 
189     Page 57, line 18, leave out from ("the") to ("thinks") in line 19 and insert ("person making the order or regulations") 
  
Clause 122
 
190     Leave out Clause 122 
  
After Clause 122
 
191     Insert the following new Clause-- 
     ("  .--(1)  The following provisions of this Act shall come into force in accordance with provision made by the Secretary of State by order--
    (a)  Parts I and III,
    (b)  sections 84, 85, 87, (Stamp duty), 90, 92(1), 93, 96, (Qualifying arrangements), (Qualifying arrangements: Northern Ireland), (Qualifying arrangements: further provision), 97, (Grants: Northern Ireland), 103 to 109, 111, 112, (City academies: financial provisions), (City colleges and academies: special educational needs), (Pensions), (Pensions: interpretation), (Pensions: delegation), (Financial support for students) and (Financial support for students: Northern Ireland),
    (c)  in Schedule 8, paragraphs 2, 2C, 12, 14 to 16, 17 to 19, 21B to 22, 23(3), 37A, 39A and 39B,
    (d)  Part IV of Schedule 9, and
    (e)  in Schedule 10, the repeals in section 91 of the Further and Higher Education Act 1992 and section 142 of the School Standards and Framework Act 1998 and the repeals consequential upon any provision mentioned in paragraph (c).
    (2)  The following provisions of this Act shall come into force in accordance with provision made by the National Assembly for Wales by order--
    (a)  Parts II and IV, and
    (b)  sections 86, (Transfers: Wales), 91, 92(2), 94, (Provision of services) to (Supplementary) and (Wales: provision of information by public bodies).
    (3)  If and in so far as a provision of this Part relates to England, the Secretary of State may (subject to subsection (5)) make provision by order about its commencement.
 
    (4)  If and in so far as a provision of this Part relates to Wales, the National Assembly for Wales may (subject to subsection (5)) make provision by order about its commencement.
 
    (5)  Subsections (3) and (4) do not apply to--
    (a)  a provision mentioned in subsection (1) or (2),
    (b)  any of sections (City academies), (City academies: land), (Wales), 119, 120, 123 and 124,
    (c)  Schedule (City academies: land),
    (d)  any provision of Schedule 8 or 10 which is consequential upon section (City academies) or (City academies: land) or Schedule (City academies: land),
    (e)  Parts I to III of Schedule 9, or
    (f)  this section.
    (6)  The Secretary of State may by order make provision--
    (a)  in consequence of a provision of this Act being brought into force at different times in relation to England and in relation to Wales, or
    (b)  in consequence of one provision of this Act being brought into force before another.
    (7)  The National Assembly for Wales may by order make provision in relation to Wales in consequence of either of the matters mentioned in subsection (6)(a) and (b).
 
    (8)  An order under subsection (6) or (7) may, in particular, disapply or modify the application of provision made by or under this or any other Act.")
Commencement.
  
Clause 123
 
192     Page 57, line 26, leave out ("122") and insert ("(Commencement)") 
193     Page 57, line 27, at end insert--
 
    ("(  )  Section (Qualifying arrangements: further provision) extends to England and Wales and Northern Ireland.
 
    (  )  Sections (Qualifying arrangements: Northern Ireland), (Grants: Northern Ireland) and (Financial support for students: Northern Ireland) extend to Northern Ireland only.")
 
  
Clause 124
 
194     Page 57, leave out lines 32 to 35 
  
Schedule 1
 
195     Page 58, line 23, after ("member") insert ("or chairman or chief executive") 
196     Page 58, line 25, after ("chairman") insert ("or chief executive") 
  
Schedule 2
 
197     Page 61, line 20, at end insert-- 
 ("Director 
     A1.--(1) The Council must appoint one of its employees as the director of a local council.
 
    (2)  The Council must seek the advice of the chairman of a local council before appointing a director.
 
    (3)  Sub-paragraph (2) does not apply to the appointment of the first director of a local council.
 
    (4)  If a person to be appointed as a director of a local council is not already a member of that local council, the Council must appoint him as a member of the local council for the same term as the term of his appointment as director.
 
    (5)  If a person to be appointed as a director of a local council is already a member of that local council but his term of appointment as such ends before the term of his appointment as director ends, the Council must extend his term of appointment as a member so that it ends when the term of his appointment as director ends.")
 
198     Page 61, line 24, after ("member") insert ("or chairman") 
199     Page 61, leave out lines 42 and 43 
200     Page 62, line 1, leave out ("other") 
  
Schedule 3
 
201     Page 62, line 29, at end insert--
 
    ("(2A)  The committee must also consider, and advise the Council on, what education and training would be appropriate for young persons of different abilities and aptitudes in order to prepare them for those opportunities, responsibilities and experiences of adult life which are not connected to employment.")
 
  
Schedule 4
 
202     Page 64, line 37, after ("member") insert ("or chairman or chief executive") 
203     Page 64, line 39, after ("chairman") insert ("or chief executive") 
  
Schedule 5
 
204     Page 68, line 22, after ("member") insert ("or chairman") 
  
Schedule 6
 
205     Page 69, line 7, at end insert--
 
    ("(  )  If a person to be appointed under section 50(3) is not already a member of the Inspectorate, the Secretary of State must appoint him as a member for the same term as his appointment as chairman or chief officer.
 
    (  )  If a person to be appointed under section 50(3) is already a member of the Inspectorate but his term of appointment as such would end before his term of appointment as chairman or chief officer ends, the Secretary of State must extend his term of appointment as a member so that it ends when his appointment as chairman or chief officer ends.")
 
206     Page 69, line 8, after ("member") insert (", chairman or chief officer") 
207     Page 69, line 10, after ("chairman") insert ("or chief officer") 
208     Page 70, line 31, after ("company") insert (", or otherwise become a member of a company,") 
209     Page 72, line 18, at end insert-- 
 ("Financial year of the Inspectorate 
     .  A financial year of the Inspectorate is--
    (a)  the period starting with the date on which it is established and ending with the second 31 March following that date;
    (b)  each successive period of twelve months.")
 
  
Schedule 7
 
210     Page 73, line 4, leave out from ("80") to ("forms") in line 5 and insert ("the Chief Inspector") 
211     Page 73, line 7, leave out from beginning to ("shall") and insert ("The Chief Inspector") 
212     Page 74, line 35, leave out from ("80") to ("forms") in line 36 and insert ("the Chief Inspector") 
213     Page 74, line 40, leave out from beginning to ("shall") and insert ("The Chief Inspector") 
214     Page 78, line 34, leave out ("35(5)") and insert ("35(6)") 
215     Page 79, leave out line 10 
216     Page 79, line 12, at end insert ("; and if the event does not occur by the specified time, the proposals shall be treated as being rejected at that time.") 
217     Page 79, line 36, after ("may") insert ("(before the arrival of the specified time)") 
218     Page 79, line 40, at end insert--
 
    ("(  )  A school organisation committee may act under sub-paragraph (2)(a) or (b) only in response to a request by the Council.")
 
219     Page 79, line 41, leave out from ("only") to ("is") in line 43 and insert ("in response to a proposal of the Council which") 
220     Page 79, line 45, at end insert--
 
("; and where a determination is made under sub-paragraph (2)(c) in relation to proposals they shall be treated as rejected.")
 
221     Page 79, line 48, leave out from ("36(2),") to end of line 2 on page 80. 
222     Page 80, line 4, leave out ("a question of a kind referred to in sub-paragraph (1)(a) or (b)") and insert ("the question mentioned in sub-paragraph (1)") 
223     Page 81, leave out line 5 
224     Page 81, line 7, at end insert ("; and if the event does not occur by the specified time, the proposals shall be treated as being rejected at that time.") 
225     Page 81, line 16, after ("may") insert ("(before the arrival of the specified time)") 
226     Page 81, line 20, at end insert--
 
    ("(  )  The National Assembly may act under sub-paragraph (2)(a) or (b) only in response to a request by the Council.")
 
227     Page 81, line 21, leave out from ("only") to ("is") in line 23 and insert ("in response to a proposal of the Council which") 
228     Page 81, line 25, at end insert--
 
("; and where a determination is made under sub-paragraph (2)(c) in relation to proposals they shall be treated as rejected.")
 
 
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