House of Commons Amendments

Session 2010 - 12
Internet Publications
Other Bills before Parliament

Notices of Amendments: 9 May 2011
1899

Education Bill, continued

Bill Esterson

Nic Dakin

28


Page  27,  line  22  [Clause  26],  at end add—

‘(7)
Before the commencement of this section, the Secretary of State must report to

Parliament on arrangements for the funding of careers guidance between the end

of ring-fenced Connexions funding and the establishment of the All Age Careers

Service.’.

Bill Esterson

Nic Dakin

19


Page  27,  line  36  [Clause  27],  at end insert—

‘(d)
an Academy School.’.

Bill Esterson

Nic Dakin

29


Page  28,  line  3  [Clause  27],  at end insert ‘by qualified careers professionals’.

Bill Esterson

Nic Dakin

18


Page  28,  line  5  [Clause  27],  at end insert—

‘(c)
involves at least one guidance session that is delivered in person by a

qualified careers professional, and’.

Kevin Brennan

Mr Iain Wright

Andy Burnham

8

Page  28,  line  24  [Clause  27],  at end insert ‘to any standards prescribed by the

Secretary of State’.

Nic Dakin

16


Page  30,  line  12  [Clause  27],  at end insert—

‘(10)
Within a period of three years beginning with the commencement of section 27,

the Secretary of State must lay before Parliament a report about the effect of that

section.’.

Notices of Amendments: 9 May 2011
1900

Education Bill, continued

Kevin Brennan

Mr Iain Wright

Andy Burnham

9

Page  33,  line  4  [Clause  34],  at end insert—

‘(1A)
In section 84 (Code for school admissions) in subsection (2) after “other matters”,

insert “which ensure fair access to opportunity for education”.’.

Kevin Brennan

Mr Iain Wright

Andy Burnham

10

Page  33,  line  5  [Clause  34],  leave out subsection (2).

Kevin Brennan

Mr Iain Wright

Andy Burnham

13


Page  33,  line  14  [Clause  34],  leave out subsection (3) and insert—

‘(3)
For section 88J (changes to admission arrangements by schools adjudicator)

substitute—

“88J
Implementation of decisions by adjudicator

(1)
This section applies where the adjudicator has made a decision (‘the

primary decision’)—

(a)
under section 88H(4) on whether to uphold an objection to

admission arrangements, or

(b)
under section 88I(4)(b) or (5)(b) on whether admission

arrangements conform with the requirements relating to

admissions.

(2)
If the admission authority has not amended its admission arrangements

within a period of 14 days of being notified of the primary decision, the

local authority for the area in which the school is situated may direct

appropriate changes to any aspect of the admission arrangements in

consequence of the primary decision.

(3)
Following the amendment of the admission arrangements by the

admission authority following a primary decision, the local authority for

the area, if it considers that the changes to the admission arrangements

are not consistent with the primary decision, may direct appropriate

changes to any aspect of the admission arrangements in consequence of

the primary decision.

(4)
An admission authority which is subject to a direction under subsections

(2) or (3) may ask the adjudicator to set aside the direction on the grounds

that the changes to the admission arrangements contained in the local

authority’s direction are not consistent with the primary decision.”.’.

Notices of Amendments: 9 May 2011
1901

Education Bill, continued

Secretary Michael Gove

34


Page  42,  line  34  [Clause  51],  leave out from ‘not’ to end of line 36 and insert

‘otherwise receive suitable education for any period,’.

Secretary Michael Gove

35


Page  42  [Clause  51],  leave out lines 40 to 42 and insert—

‘(2)
“Suitable education”, in relation to a child, means efficient education suitable to

the child’s age, ability and aptitude and to any special educational needs the child

may have.’.

Secretary Michael Gove

36


Page  51,  line  5  [Clause  65],  leave out ‘sections 83B and 83C’ and insert ‘section

83B’.

Secretary Michael Gove

37


Page  52  [Clause  65],  leave out lines 26 to 35.

Bill Esterson

Nic Dakin

25


Page  54,  line  3  [Clause  68],  leave out subsections (2)(a), (2)(b) and (2)(c).

Secretary Michael Gove

38


Page  57,  line  9  [Clause  76],  at end insert—

‘(f)
section [Charges at boarding Academies].’.

Nic Dakin

17


Page  57,  line  9  [Clause  76],  at end insert—

‘(2A)
Section 68 will come into force on 1 September 2013.’.

Notices of Amendments: 9 May 2011
1902

Education Bill, continued

Kevin Brennan

Mr Iain Wright

14


Page  62,  line  30  [Schedule  2],  leave out paragraph (2) and insert—

    ‘(2)
In section 132 (qualified teacher status), leave out subsection (3) and insert—

  “(3)
The Secretary of State in England shall consult with school

proprietors, associations of teachers and such persons as he

considers appropriate before making regulations under this section

which make provision by reference to—

(a)
the content of a course or programme, or

(b)
the standard of education or training provided through a

course or programme.”’.

John McDonnell

1

Page  64  [Schedule  3],  leave out lines 10 to 39 and insert ‘providing for designated

employees of the GTCE to become employees of the Secretary of State (and accordingly

to become employed in the civil service of the state) or other permitted transferee.

(1A)
Where a staff transfer scheme is made under subsection (1) the scheme must

provide for the Transfer of Undertakings (Protection of Employment)

Regulations 2006 to apply (to the extent that they would not otherwise apply) as

if—

(a)
any transfer of functions (however affected and described) to a permitted

transferee or the Crown were a transfer of an undertaking;

(b)
the transfer of the undertaking took effect on a designated date;

(c)
the transfer of the undertaking were a relevant transfer for the purposes

of the regulations; and

(d)
the employee had for those purposes been assigned to an organised

grouping of resources or employees that was subject to the relevant

transfer.

(2)
A staff transfer scheme may provide for the transfer of an employee to a permitted

transferee or so as to become employed in the civil service of the state despite any

provisions, of whatever nature, which would otherwise prevent the employee

from being so transferred.’.

John McDonnell

2

Page  65,  line  26  [Schedule  3],  at end insert—

‘“permitted transferee” means a person specified in an order made by the

Secretary of State;’.

Notices of Amendments: 9 May 2011
1903

Education Bill, continued

John McDonnell

3

Page  74  [Schedule  6],  leave out lines 20 to 34 and insert ‘providing for designated

employees of the TDA to become employees of the Secretary of State (and accordingly

to become employed in the civil service of the state) or other permitted transferee.

(1A)
Where a staff transfer scheme is made the scheme must provide for the Transfer

of Undertakings (Protection of Employment) Regulations 2006 to apply (to the

extent that they would not otherwise apply) as if—

(a)
any transfer of functions (however affected and described) to a permitted

transferee or the Crown were a transfer of an undertaking;

(b)
the transfer of the undertaking took effect on a designated date;

(c)
the transfer of the undertaking were a relevant transfer for the purposes

of the regulations; and

(d)
the employee had for those purposes been assigned to an organised

grouping of resources or employees that was subject to the relevant

transfer.

(2)
A staff transfer scheme may provide for the transfer of an employee to a permitted

transferee or so as to become employed in the civil service of the state despite any

provisions, of whatever nature, which would otherwise prevent the employee

from being so transferred.’.

John McDonnell

4

Page  75,  line  37  [Schedule  6],  at end insert—

‘“permitted transferee” means a person specified in an order made by the

Secretary of State;’.

John McDonnell

5

Page  81  [Schedule  9],  leave out lines 18 to 32 and insert ‘providing for designated

employees of the QCDA to become employees of the Secretary of State (and accordingly

to become employed in the civil service of the state) or Ofqual or other permitted

transferee.

(1A)
Where a staff transfer scheme is made the scheme must provide for the Transfer

of Undertakings (Protection of Employment) Regulations 2006 to apply (to the

extent that they would not otherwise apply) as if—

(a)
any transfer of functions (however affected and described) to a permitted

transferee or the Crown were a transfer of an undertaking;

(b)
the transfer of the undertaking took effect on a designated date;

(c)
the transfer of the undertaking were a relevant transfer for the purposes

of the regulations; and

(d)
the employee had for those purposes been assigned to an organised

grouping of resources or employees that was subject to the relevant

transfer.

Notices of Amendments: 9 May 2011
1904

Education Bill, continued

(2)
A staff transfer scheme may provide for the transfer of an employee to Ofqual or

other permitted transferee or so as to become employed in the civil service of the

state despite any provisions, of whatever nature, which would otherwise prevent

the employee from being so transferred.’.

John McDonnell

6

Page  82,  line  37  [Schedule  9],  at end insert—

‘“permitted transferee” means a person specified in an order made by the

Secretary of State;’.

Kevin Brennan

Mr Iain Wright

Andy Burnham

11

Page  83,  line  4  [Schedule  10],  leave out paragraphs 1 to 3.

Secretary Michael Gove

39


Page  112,  line  24  [Schedule  14],  at end insert—

‘( )
in the opening words, for “subsections (4) and” substitute “subsection”;’.

John McDonnell

7

Page  118,  line  6  [Schedule  17],  leave out from beginning to end of line 23 on page

119 and insert ‘to become employees of the Secretary of State (and accordingly to become

employed in the civil service of the state) or other permitted transferee.

(2)
Where a staff transfer scheme is made the scheme must provide for the Transfer

of Undertakings (Protection of Employment) Regulations 2006 to apply (to the

extent that they would not otherwise apply) as if—

(a)
any transfer of functions (however affected and described) to a permitted

transferee or the Crown were a transfer of an undertaking;

(b)
the transfer of the undertaking took effect on a designated date;

(c)
the transfer of the undertaking were a relevant transfer for the purposes

of the regulations; and

(d)
the employee had for those purposes been assigned to an organised

grouping of resources or employees that was subject to the relevant

transfer.

(3)
A staff transfer scheme may provide for the transfer of an employee to a permitted

transferee or so as to become employed in the civil service of the state despite any

Notices of Amendments: 9 May 2011
1905

Education Bill, continued

provisions, of whatever nature, which would otherwise prevent the employee

from being so transferred.’.

Order of the House [8 February 2011]

That the following provisions shall apply to the Education Bill—

Committal

1.
The Bill shall be committed to a Public Bill Committee.

Proceedings in Public Bill Committee

2.
Proceedings in the Public Bill Committee shall (so far as not previously

concluded) be brought to a conclusion on Tuesday 5 April 2011.

3.
The Public Bill Committee shall have leave to sit twice on the first day on

which it meets.

Consideration and Third Reading

4.
Proceedings on consideration shall (so far as not previously concluded) be

brought to a conclusion one hour before the moment of interruption on the

day on which those proceedings are commenced.

5.
Proceedings on Third Reading shall (so far as not previously concluded) be

brought to a conclusion at the moment of interruption on that day.

6.
Standing Order No. 83B (Programming committees) shall not apply to

proceedings on consideration and Third Reading.

Other proceedings

7.
Any other proceedings on the Bill (including any proceedings on

consideration of Lords Amendments or on any further messages from the

Lords) may be programmed.

NOTICES WITHDRAWN

The following Notices have been withdrawn:

Enrichment activities for fourth key stage

Nic Dakin

NC4

To move the following Clause:—

‘(1)
EA 2002 is amended as follows.

(2)
After section 85A insert—

“85B
Enrichment activities for the fourth key stage

(1)
A pupil in the fourth key stage is also entitled to guidance, tutorials and

enrichment activities which may include—

(a)
learning aims that lead to external qualifications or external

certificates of attainment not approved by the Secretary of State;

(b)
careers guidance;



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