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Baroness Blatch: It has not been indicated. It has been indicated that these amendments are for discussion tonight. I have done my homework on them. I take leave to see what was said previously about each of the four amendments. It is not my recollection that they have been referred to. I do not remember the insertion of a new schedule.

17 Feb 2000 : Column 1422

On Question, amendment agreed to.

Lord Bach moved Amendment No. 248:


    Page 78, line 19, at end insert--


(" . In section 31 of that Act (designated institutions conducted by companies) after subsection (2) insert--
"(2A) Provision made by the articles of association of the company in relation to the appointment of members of the governing body shall take into account the members who may be appointed by--
(a) the Learning and Skills Council for England under section 11 of the Learning and Skills Act 2000, or
(b) the National Council for Education and Training for Wales under section (Further education: governors) of that Act."").

On Question, amendment agreed to.

Lord Bach moved Amendments Nos. 249 to 249C:


    Page 80, line 15, leave out from beginning to ("insert") in line 16 and insert ("Schedule 4 to that Act (instruments and articles of government for further education corporations) is amended as follows.


(2) After paragraph 1 insert--
"1A. Provision made by an instrument under this Schedule in relation to the appointment of members shall take into account the members who may be appointed by--
(a) the Learning and Skills Council for England under section 11 of the Learning and Skills Act 2000, or
(b) the National Council for Education and Training for Wales under section (Further education: governors) of that Act."
(3) In paragraph 5, at the end").


    Page 81, line 34, leave out paragraph 30 and insert--


("30. In section 16 of that Act (destination of reports) after subsection (4) insert--
"(5) Subsection (6) applies to a report of an inspection of a school falling within section 11(2) if--
(a) the inspection was a section 10 inspection or was carried out by a member of the Inspectorate, and
(b) the school provides full-time education suitable to the requirements of pupils over compulsory school age.
(6) The person making the report shall send a copy (together with a copy of the summary, if there is one) to--
(a) the Learning and Skills Council for England, if the school is in England, or
(b) the National Council for Education and Training for Wales, if the school is in Wales."").


    Page 82, line 9, at end insert--


(". In section 15 of the School Standards and Framework Act 1998 (intervention by LEA) after subsection (6) insert--
"(7) For the purposes of this section a report of an inspection under section 62 or 79 of the Learning and Skills Act 2000 shall be treated as a report of an inspection under Part I of the School Inspections Act 1996."").


    Page 82, line 10, leave out ("the School Standards and Framework Act 1998") and insert ("that Act").

17 Feb 2000 : Column 1423

On Question, amendments agreed to.

Schedule 8, as amended, agreed to.

Lord Bach moved Amendment No. 250:


    After Schedule 8, insert the following schedule--

("SCHEDULE
TRANSITIONAL PROVISIONS
PART I
ENGLISH COUNCILS
Introduction

1. For the purposes of this Part of this Schedule--
(a) the appointed day is the day appointed under section 116 for the commencement of section 83;
(b) the old Council is the Further Education Funding Council for England;
(c) the new Council is the Learning and Skills Council for England;
(d) the new Council's full functions are its functions under sections 2 to 18.
Transitional provisions

2. The old Council must do its best to secure that any functions remaining to be discharged by it at any time after the commencement of this paragraph are discharged before the appointed day.
3.--(1) Anything being done by or in relation to the old Council immediately before the appointed day may be continued on or after that day by or in relation to the new Council.
(2) In particular, any legal proceedings to which the old Council is a party immediately before the appointed day may be continued on or after that day by or in relation to the new Council.
4. Every agreement (whether written or not), and every instrument or other document, which relates to any property, right or liability to which section 83(1)(b) applies shall have effect, so far as may be required for continuing its effect on or after the appointed day, as if--
(a) where the old Council is a party to it, the new Council were substituted as that party,
(b) for a reference to the old Council there were substituted a reference to the new Council,
(c) for a reference (however worded and whether express or implied) to the chairman, the chief officer or a member of the old Council there were substituted a reference to the chairman, the chief executive or a member of the new Council, and
(d) for a reference to the office or place of business of the old Council there were substituted a reference to the office or place of business of the new Council.
5.--(1) This paragraph applies if the new Council is established before it acquires its full functions.
(2) The Secretary of State may by order make provision--
(a) conferring such powers on the new Council as the Secretary of State thinks will help it to carry out its full functions when it acquires them;
(b) imposing on the old Council a duty to give such assistance to the new Council as the new Council may reasonably require to help it to carry out its full functions when it acquires them.
(3) The Secretary of State may make an order under this paragraph at any time before the day on which the new Council acquires its full functions.
6. At any time before the day on which the new Council acquires its full functions, section 1(2) has effect as if for "12" there were substituted "2".

17 Feb 2000 : Column 1424


7.--(1) The new Council must discharge a duty which satisfies the following three conditions.
(2) The first condition is that the duty arises under--
(a) section 8(6)(a) of the Further and Higher Education Act 1992 (report on further education for disabled students), or
(b) paragraph 16 of Schedule 1 to that Act (accounts).
(3) The second condition is that the duty arises in respect of a period ending before the appointed day.
(4) The third condition is that apart from this Act the duty--
(a) would have fallen to be discharged by the old Council after the appointed day, or
(b) fell to be discharged by the old Council before the appointed day but has not been discharged.
8. If an order under section 8(4) of the Further and Higher Education Act 1992 confers or imposes a function on the old Council, on or after the appointed day the order is to be treated as if--
(a) it were made under section 18(4) of this Act, and
(b) it conferred or imposed the function on the new Council.
PART II
WELSH COUNCILS
Introduction

9. For the purposes of this Part of this Schedule--
(a) the appointed day is the day appointed under section 116 for the commencement of section 84;
(b) the old Council is the Further Education Funding Council for Wales;
(c) the new Council is the National Council for Education and Training for Wales;
(d) the new Council's full functions are its functions under sections 31 to 43.
Transitional provisions

10. The old Council must do its best to secure that any functions remaining to be discharged by it at any time after the commencement of this paragraph are discharged before the appointed day.
11.--(1) Anything being done by or in relation to the old Council immediately before the appointed day may be continued on or after that day by or in relation to the new Council.
(2) In particular, any legal proceedings to which the old Council is a party immediately before the appointed day may be continued on or after that day by or in relation to the new Council.
12. Every agreement (whether written or not), and every instrument or other document, which relates to any property, right or liability to which section 84(1)(b) applies shall have effect, so far as may be required for continuing its effect on or after the appointed day, as if--
(a) where the old Council is a party to it, the new Council were substituted as that party,
(b) for a reference to the old Council there were substituted a reference to the new Council,
(c) for a reference (however worded and whether express or implied) to the chairman, the chief officer or a member of the old Council there were substituted a reference to the chairman, the chief executive or a member of the new Council, and
(d) for a reference to the office or place of business of the old Council there were substituted a reference to the office or place of business of the new Council.
13.--(1) This paragraph applies if the new Council is established before it acquires its full functions.

17 Feb 2000 : Column 1425


(2) The National Assembly may by order make provision--
(a) conferring such powers on the new Council as the National Assembly thinks will help the new Council to carry out its full functions when it acquires them;
(b) imposing on the old Council a duty to give such assistance to the new Council as the new Council may reasonably require to help it to carry out its full functions when it acquires them.
(3) The National Assembly may make an order under this paragraph at any time before the day on which the new Council acquires its full functions.
14. At any time before the day on which the new Council acquires its full functions, section 30(2) has effect as if for "10" there were substituted "2".
15.--(1) The new Council must discharge a duty which satisfies the following three conditions.
(2) The first condition is that the duty arises under--
(a) section 8(6)(a) of the Further and Higher Education Act 1992 (report on further education for disabled students), or
(b) paragraph 16 of Schedule 1 to that Act (accounts).
(3) The second condition is that the duty arises in respect of a period ending before the appointed day.
(4) The third condition is that apart from this Act the duty--
(a) would have fallen to be discharged by the old Council after the appointed day, or
(b) fell to be discharged by the old Council before the appointed day but has not been discharged.
16. If an order under section 8(4) of the Further and Higher Education Act 1992 confers or imposes a function on the old Council, on or after the appointed day the order is to be treated as if--
(a) it were made under section 43(4) of this Act, and
(b) it conferred or imposed the function on the new Council.").

On Question, amendment agreed to.

Clause 114 [Orders and regulations]:


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