Education and Skills Bill

moved Amendment No. 168A: 168A: After Clause 53, insert the following new Clause— ““Corresponding provision for Wales (1) This section applies if a Measure of the National Assembly for Wales includes provision that appears to the Secretary of State to correspond to provision made by section 2. (2) The Secretary of State may by order make provision in relation to Wales that corresponds to any provision made by sections 19 to 30. (3) Without prejudice to section 147(4), the power conferred by this section includes power to make provision in relation to Wales that corresponds to any of the following— (a) the provisions of the Employment Rights Act 1996 (c. 18) inserted by sections 31 to 33; (b) section 49; (c) section 50; (d) section 52 so far as relating to financial penalties under sections 22 and 28. (4) Power conferred by this section to make provision in relation to Wales that corresponds to any other provision includes power— (a) to apply that other provision in relation to Wales, with or without modification; (b) to amend that other provision so that it applies in relation to Wales, with or without modification.”” The noble Lord said: Government Amendments Nos. 168A, 231A, 231B and 233B enable the duties on employers in Chapter 3 of Part 1 to be applied to Wales in future should the Assembly Government, having studied the impact of this legislation in England, decide to acquire the legislative competence to raise the participation age in Wales through a future legislative competence order and to bring forward a measure to do so. It is important that the duties on employers on either side of the border should be the same if the participation age is the same so that the system is easy to understand and potential burdens on employers are minimised. Amendments Nos. 231A, 231B and 233B ensure that, should the participation age be raised in Wales and the Secretary of State therefore uses his power to apply the provisions in Chapter 3 to Wales, any order will be subject to the affirmative procedure and Welsh Ministers will need to be consulted first. I beg to move.