2012248.26-32

Session 2010 - 12
Internet Publications
Other Bills before Parliament

Lords Amendments to the Education Bill

26

“(b)
a direction requiring a governing body to make a

resolution under section 33O(1) for the body to be

dissolved on a date specified in the direction.

(7A)
A governing body to which a direction such as is mentioned in

subsection (7)(b) is given is to be taken for the purposes of section

33O(1) to have complied with section 33N before making the

resolution required by the direction.””
65
Page 94, line 15, at end insert—

“
In section 88 (stamp duty)—

(a)
for “27” substitute “27B, 27C”;

(b)
for “33N” substitute “33P”.


In section 88A (stamp duty land tax)—

(a)
for “27” substitute “27B, 27C”;

(b)
for “33N” substitute “33P”.”
66
Page 94, line 16, leave out paragraph 30 and insert—

“   (1)
Section 89 (orders, regulations and directions) is amended as follows.

      (2)
In subsection (2)—

(a)
for “22, 29(6) and (8)” substitute “22ZA(1) and (4), 29A(3)(c),

29C(4)”;

(b)
after “33A(5)(b)” insert “33J(2), 33K(1),”;

(c)
omit “or section 33L”.

      (3)
In subsection (3), after “subsection (3A)” insert “or (3B)”.

      (4)
After subsection (3A) insert—

“(3B)
An order falls within this subsection if—

(a)
it is an order revoking (wholly or in part) an order under

section 15 or 16 and is made by virtue of section 27A(4), or

(b)
it is an order revoking (wholly or in part) an order under

section 33A, 33B or 33C and is made by virtue of section

33O(4).””
67
Page 94, line 19, after “(1)” insert “—

(a)
after the definition of “further education” insert—

““further education corporation in England” means

a further education corporation established to

conduct an institution in England;

“further education corporation in Wales” means a

further education corporation established to

conduct an institution in Wales;”;

(b)
”
68
Page 94, line 22, after “(index)” insert “—

(a)
after the entry for “further education corporation” insert—

“further education
section 90(1)

corporation in England

further education
section 90(1)”

corporation in Wales

27

(b)
”
69
Page 94, line 24, leave out paragraph 33 and insert—

“
For Schedule 4 substitute—

“Schedule 4

Instruments and articles of government

Part 1

General

1
In this Schedule—

“instrument” means an instrument of government or

articles of government;

“the institution” means—

(a)
in the case of a further education corporation, the

institution which the corporation are established

to conduct;

(b)
in the case of the governing body of a designated

institution, the institution;

(c)
in the case of a sixth form college corporation, the

relevant sixth form college.

Part 2

England

2
This Part applies in relation to—

(a)
a further education corporation in England;

(b)
the governing body of a designated institution in

England;

(c)
a sixth form college corporation.

3
In this Part “the body” means—

(a)
in the case of a further education corporation or a sixth

form college corporation, the corporation;

(b)
in the case of a governing body, the governing body.

4
An instrument must provide for—

(a)
the number of members of the body,

(b)
the eligibility of persons for membership,

(c)
the members to include—

(i)
staff and students at the institution, and

(ii)
in the case of a sixth form college corporation,

parents of students at the institution aged

under 19, and

(d)
the appointment of members.

28

5    (1)
An instrument must make provision about the procedures of

the body and the institution.

      (2)
In particular, an instrument must specify how the body may

resolve for its dissolution and the transfer of its property,

rights and liabilities.

6    (1)
An instrument must make provision for there to be—

(a)
a chief executive of the institution, and

(b)
a clerk to the body.

      (2)
An instrument must make provision about the respective

responsibilities of the body, the chief executive and the clerk.

      (3)
The responsibilities of the body must include—

(a)
in the case of a sixth form college corporation to which

section 33J applies, the preservation and development

of the educational character and mission of the

institution and the oversight of its activities;

(b)
in the case of any other sixth form college corporation,

a further education corporation or a governing body,

the determination and periodic review of the

educational character and mission of the institution

and the oversight of its activities;

(c)
in any case, the effective and efficient use of resources,

the solvency of the institution and the body and the

safeguarding of their assets.

7
An instrument must require the body to publish arrangements

for obtaining the views of staff and students on the matters for

which the body are responsible under paragraph 6(3)(a) or (b).

8
An instrument must permit the body to change their name

with the approval of the Secretary of State.

9
An instrument must specify how the body may modify or

replace the instrument of government and articles of

government.

10
An instrument must prohibit the body from making changes

to the instrument of government or articles of government that

would result in the body ceasing to be a charity.

11
An instrument must provide for—

(a)
a copy of the instrument to be given free of charge to

every member of the body,

(b)
a copy of the instrument to be given free of charge, or

at a charge not exceeding the cost of copying, to anyone

else who requests it, and

(c)
a copy of it to be available for inspection at the

institution on request, during normal office hours, to

every member of staff of, and student at, the

institution.

12
An instrument must provide for the authentication of the

application of the seal of the body.

29

Part 3

Wales

13
This Part applies in relation to further education corporations

in Wales.

14
Provision made by an instrument in relation to the

appointment of members of the corporation must take into

account the members who may be appointed by the Welsh

Ministers under section 39 of the Learning and Skills Act 2000.

15  (1)
An instrument must provide for—

(a)
the number of members of the corporation,

(b)
the eligibility of persons for membership, and

(c)
the appointment of members.

      (2)
An instrument may provide for the nomination of any person

for membership by another, including by a body nominated

by the Welsh Ministers.

16
An instrument must provide for one or more officers to be

chosen from among the members.

17
An instrument may—

(a)
provide for the corporation to establish committees,

and

(b)
permit such committees to include persons who are not

members of the corporation.

18
An instrument may provide for the delegation of functions of

the corporation to—

(a)
officers or committees, or

(b)
the principal of the institution.

19
An instrument may provide for the corporation to pay

allowances to its members.

20
An instrument must provide for the authentication of the seal

of the corporation.

21
An instrument must require the corporation to—

(a)
keep proper accounts and proper records in relation to

the accounts, and

(b)
prepare in respect of each financial year of the

corporation a statement of accounts.

22
An instrument must—

(a)
provide for the appointment of a principal of the

institution, and

(b)
determine which functions exercisable in relation to

the institution are to be exercised by the corporation, its

officers or committees and which by the principal of

the institution.

23
An instrument must make provision about the procedures of

the corporation and the institution.

30

24
An instrument must provide—

(a)
for the appointment, promotion, suspension and

dismissal of staff, and

(b)
for the admission, suspension and expulsion of

students.

25
An instrument may make provision authorising the

corporation to make rules or bye-laws for the government and

conduct of the institution, including in particular rules or bye-

laws about the conduct of students, staff or both.””
70
Page 94, line 26, at end insert—

“   (1)
LSA 2000 is amended as follows.

      (2)
In section 110 (secondary education), in subsection (5), for “51(3A)”

substitute “16A(2)”.

      (3)
In section 143 (further education sector: designated institutions), in

subsection (6)(b), for “section 29” substitute “any of sections 29 to 29C”.”
71
Page 94, line 26, at end insert—

“
In section 22 of the Further Education and Training Act 2007

(consultation of further education institutions), in the new section 49A to

be inserted into FHEA 1992 in relation to Wales—

(a)
in subsection (1)—

(i)
after “further education sector” insert “in Wales”;

(ii)
for “appropriate authority” substitute “Welsh Ministers”;

(b)
omit subsection (3).”
Schedule 13
72
Page 95, line 14, at end insert—

“
In section 10A (charges at boarding Academies) (inserted by section 59),

in subsection (1)(a), for “an Academy” substitute “an Academy school or

an alternative provision Academy”.”
73
Page 95, line 15, after “land)” insert “(substituted by Schedule 14)”
74
Page 95 leave out lines 16 to 35 and insert—

    “( )
In paragraph 10 (power of Secretary of State to make direction where

Academy order made)—

(a)
in sub-paragraph (1)(b), for “Academy” substitute “Academy

school”;

(b)
in sub-paragraph (3)(c), for “Academy” substitute “Academy

school”.

      ( )
In paragraph 13 (transfer of land and other property on dissolution of

governing body), in sub-paragraph (3)(b), for “Academy” substitute

“Academy school”.”
75
Page 95, line 36, at end insert—

“   (1)
The Children Act 1989 is amended as follows.

31

      (2)
In section 62 (voluntary organisations providing accommodation: duties

of local authorities), in subsection (10), after “1992,” insert “a 16 to 19

Academy”.

      (3)
In section 80 (inspection of children’s homes etc by persons authorised

by Secretary of State)—

(a)
in subsection (5), after paragraph (dc) insert—

“(dd)
proprietor of a 16 to 19 Academy;”;

(b)
in subsection (13), in the definition of “college”, after “1992”

insert “or a 16 to 19 Academy”;

(c)
in subsection (13), at the end insert—

““proprietor” has the same meaning as in the

Education Act 1996.”

      (4)
In section 87 (welfare of children in boarding schools and colleges)—

(a)
in subsection (10), in the definition of “college”, after “1992 Act”

insert “or a 16 to 19 Academy”;

(b)
in subsection (11), after paragraph (c) insert—

“(d)
in relation to a 16 to 19 Academy, the proprietor of

the Academy.”


In Schedule 4A to the Water Industry Act 1991 (premises that are not to

be disconnected for non-payment of charges), after paragraph 10

insert—

“10A
A 16 to 19 Academy.”

    (1)
FHEA 1992 is amended as follows.

      (2)
In section 85A (nuisance or disturbance on educational premises)—

(a)
in subsection (2), omit the “and” after paragraph (a) and after

paragraph (b) insert “, and

(c)
any 16 to 19 Academy.”;

(b)
in subsection (4), omit the “and” after paragraph (a) and after

paragraph (b) insert “, and

(c)
in relation to premises of a 16 to 19 Academy, the

proprietor.”;

(c)
in subsection (6), omit the “and” after paragraph (a) and after

paragraph (b) insert “, and

(c)
in relation to an offence committed on premises of

a 16 to 19 Academy, a person whom the

proprietor has authorised to bring such

proceedings.”

      (3)
In section 85AA (power of members of staff to search students for

prohibited items: England)—

(a)
in subsection (1), after “England” insert “, or a 16 to 19

Academy,”;

(b)
in subsection (6), in the definition of “member of staff”, after

“further education sector” insert “or a 16 to 19 Academy”.

      (4)
In section 85AB (power of search under section 85AA: supplementary),

in subsection (3), after “England” insert “, or a principal of a 16 to 19

Academy,”.

      (5)
In section 85C (power of members of staff to use force)—

32

(a)
in subsection (1), after “further education sector” insert “or is a 16

to 19 Academy”;

(b)
in subsection (5), after “further education sector” insert “or a 16

to 19 Academy”.
76
Page 95, line 40, leave out “and (1B)” and insert “to (1C)”
77
Page 95, line 42, at end insert—

“(1C)
An alternative provision Academy is a school.””
78
Page 95, line 42, at end insert—

    “( )
In section 11 (Secretary of State’s duty in the case of primary, secondary

and further education)—

(a)
in subsection (1)(a), omit the “or” after sub-paragraph (i) and

after sub-paragraph (ii) insert “or

(iii)
in 16 to 19 Academies,”;

(b)
in subsection (1)(b), for “or institutions within the further

education sector” substitute “, institutions within the further

education sector or 16 to 19 Academies”;

(c)
in subsection (2), for “and institutions within the further

education sector” substitute “, institutions within the further

education sector and 16 to 19 Academies”.

      ( )
In section 329A (review or assessment of educational needs at request of

responsible body), in subsection (12), after paragraph (d) insert—

“(da)
an alternative provision Academy that is not an

independent school,”.

      ( )
In section 332B (special educational provision: resolution of disputes), in

subsection (8)(c), for “or an Academy” substitute “, an Academy school

or an alternative provision Academy”.

      ( )
In section 337 (special schools), in paragraph (b), for “Academy”

substitute “Academy school”.

      ( )
In section 444 (offence: failure to secure regular attendance at school of

registered pupil), in subsection (7A)(a), for sub-paragraph (iii)

substitute—

“(iii)
an Academy school,

(iiia)
an alternative provision Academy,”.

      ( )
In section 444ZA (application of section 444 to alternative education

provision), in subsection (8)—

(a)
in paragraph (a), for sub-paragraph (iii) substitute—

“(iii)
an Academy school,

(iiia)
an alternative provision Academy,”;

(b)
in paragraph (b), after “(iii),” insert “(iiia),”.

      ( )
In section 444B (penalty notices: supplemental), in subsection (4), in the

definition of “relevant school”, for paragraph (c) substitute—

“(c)
an Academy school,

(ca)
an alternative provision Academy,”.

      ( )
In section 508A (local authorities in England: duty to promote

sustainable modes of travel)—