12 November 2009
35.The Scottish Parliament's consent has been obtained for the provisions in the Act that trigger the Sewel Convention. The provisions are those re-stating powers conferred by sections 11 and 12 of the Further Education and Training Act 2007. Those sections currently enable the Learning and Skills Council to make arrangements to provide services to the Scottish Executive. These powers will be replicated for both the Chief Executive of Skills Funding and the Young People’s Learning Agency for England, in sections 68, 69, 107 and 108. The Sewel Convention provides that the UK Parliament will not normally legislate with regard to devolved matters in Scotland without the consent of the Scottish Parliament.
36.In addition, section 40 – which covers the right to request time to train – will apply in Scotland. As this section amends legislation which relates to the reserved matter of employment rights and duties, it does not trigger the Sewel Convention.