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Other Bills before Parliament


 
 

Consideration of Bill: 11 May 2011                     

1925

 

Education Bill, continued

 
 

“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.”.’.

 


 

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’.

 



 
 

Consideration of Bill: 11 May 2011                     

1926

 

Education Bill, continued

 
 

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

 

Mr Gordon Marsden

 

17

 

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

 

‘(2A)    

Section 68 will come into force on 1 September 2013.’.

 


 

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

 

Caroline Lucas

 

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.


 
 

Consideration of Bill: 11 May 2011                     

1927

 

Education Bill, continued

 
 

(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

 

Caroline Lucas

 

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;’.

 


 

John McDonnell

 

Caroline Lucas

 

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


 
 

Consideration of Bill: 11 May 2011                     

1928

 

Education Bill, continued

 
 

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

 

from being so transferred.’.

 


 

John McDonnell

 

Caroline Lucas

 

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

 

Caroline Lucas

 

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.

 

(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

 

Caroline Lucas

 

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;’.

 



 
 

Consideration of Bill: 11 May 2011                     

1929

 

Education Bill, continued

 
 

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

 

Caroline Lucas

 

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

 

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 of Bill: 11 May 2011                     

1930

 

Education Bill, continued

 
 

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:

 

Esther McVey

 

15

 

Page  27,  line  21  [Clause  26],  at end insert—

 

‘(7)    

The Secretary of State must produce a transition plan to highlight how he will

 

assist schools, colleges and local authorities in transition from the current system

 

of careers guidance to the new all-age careers service.’.

 


 
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Revised 11 May 2011