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Mr Tim Boswell
Mr James Clappison
344
Clause 104, page 47, line 40, leave out 'significantly'.
Mr Tim Boswell
Mr James Clappison
249
Clause 105, page 48, leave out line 1.
Mr Malcolm Wicks
354
Page 49, line 1, leave out Clause 107.
Mr Malcolm Wicks
355
Clause 108, page 49, line 35, leave out 'age' and insert 'date of birth'.
Mr Malcolm Wicks
356
Clause 109, page 50, line 20, leave out 'and'.
Mr Malcolm Wicks
357
Clause 109, page 50, line 21, at end insert—
() a Primary Care Trust.'.
Mr Tim Boswell
Mr James Clappison
345
Clause 109, page 50, line 21, at end insert—
'(f) a chief officer of police'.
Mr Malcolm Wicks
Page 50, line 22, transfer Clause 110 to end of line 40 on page 51.
Mr Malcolm Wicks
359
Clause 111, page 50, line 33, leave out '110' and insert '109'.
Mr Malcolm Wicks
360
Clause 111, page 51, line 5, at end insert—
'() The power under section 103 shall not be used to provide or secure the provision of services outside England.'.
Mr Malcolm Wicks
361
Clause 112, page 51, leave out lines 8 to 39 and insert—
| 'Inspection. | 10B.—(1) Her Majesty's Chief Inspector of Schools in England—
(a) shall advise the Secretary of State on request about matters relating to services provided in England in pursuance of section 8 or 9,
(b) may give the Secretary of State other advice about those matters,
(c) shall, when requested to do so by the Secretary of State, inspect and report on the provision of those services by any person or institution, and
(d) may undertake such other inspections of the provision of those services by persons or institutions as he thinks fit.
(2) A request under subsection (1)(c)—
(a) may be general or in relation to specific matters,
(b) may relate to a specific person or institution providing services, or to a specific class of person or institution, and
(c) may relate to a specific area.
(3) An inspection under subsection (1)(c) or (d) may not relate to services provided for persons who have attained the age of 20.
(4) A reference in subsection (1) to the provision of services includes a reference to the management and use of resources in providing services.
(5) Subsections (6) to (8) apply to an inspection under subsection (1)(c) or (d) of services provided in pursuance of arrangements under section 10(1) of this Act.
(6) A person carrying out or participating in the inspection shall have the same powers as an Inspector of Schools under the following provisions of the School Inspections Act 1996—
(a) section 3(3)(a) and (b) (right of access), and
(b) section 42 (computer records).
(7) Section 42A of the 1996 Act (publication of reports) shall apply.
(8) A person who wilfully obstructs a person in carrying out or participating in the inspection—
(a) shall be guilty of an offence, and
(b) shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.'.
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Mr Malcolm Wicks
350
Clause 113, page 52, line 29, at end insert—
'(12) Sections 496 and 497 of the Education Act 1996 shall have effect as if—
(a) the duties and powers referred to in those sections included duties imposed and powers conferred by virtue of this section, and
(b) in relation to those duties and powers, the bodies to which those sections apply included the governing body of a relevant school, the governing body (within the meaning given by section 90(1) of the Further and Higher Education Act 1992) of a further education institution and an appropriate body for the purposes of subsection (2).".'.
Mr Tim Boswell
Mr James Clappison
227
Clause 113, page 52, line 29, at end insert—
'(8) Induction providers shall ensure that all new teachers and other appropriate staff members have received preparation for working with people with learning difficulties or disabilities or both.
(9) The Learning and Skills Council and the National Council for Education and Training in Wales shall establish a programme of disability equality training for serving teachers within the further education sector who have not received such initial training as indicated in subsection (8) above, and as part of an ongoing process of staff development.'.
Mr Malcolm Wicks
154
Clause 114, page 52, line 45, leave out 'and'.
Mr Malcolm Wicks
155
Clause 114, page 53, line 2, at end insert ', and
( ) who is receiving, or in the Secretary of State's opinion is likely to receive, post-16 education or training (within the meaning of Part I of this Act) or higher education (within the meaning of the Education Reform Act 1988).'.
Mr Malcom Wicks
300
Clause 114, page 53, line 10, leave out subsection (6) and insert—
'(6) In its application to Wales this section shall have effect with the following modifications (in addition to those specified in section [Part V: Wales])—
'(a) the reference to Part I of this Act shall be construed as a reference to Part II, and
(b) the reference to section 13 shall be construed as a reference to section 41.'.
Mr Tim Boswell
Mr James Clappison
64
Clause 116, page 54, line 6, leave out 'section' and insert 'Part'.
Mr Tim Boswell
Mr James Clappison
65
Clause 116, page 54, line 13, at end insert—
'(1A) The Secretary of State may not, before 1st February 2005, repeal any designation made under section 28 of the Further and Higher Education Act 1992.'.
Mr Malcolm Wicks
362
Clause 116, page 55, line 21, after 'of', insert 'property,'.
Mr Malcolm Wicks
346
Clause 117, page 55, line 26, at end insert—
'(1A) In section 351 (general duties in respect of the curriculum) after subsection (5) insert—
"(6) Nothing in this section shall be taken to impose duties on a local education authority with regard to sex education.".'.
Mr Malcolm Wicks
347
Clause 117, page 55, leave out lines 28 and 29 and insert 'omit "local education authority,".'.
Mr Malcolm Wicks
348
Clause 117, page 55, line 30, leave out from beginning to end of line 44 on page 56 and insert—
'(3) After subsection (1) of that section insert—
"(1A) The Secretary of State must issue guidance designed to secure that when sex education is given to registered pupils at maintained schools they are protected from teaching and materials which are inappropriate having regard to the age and the religious and cultural background of the pupils concerned.
(1B) In discharging their functions under subsection (1) governing bodies and head teachers must have regard to the Secretary of State's guidance.
(1C) Guidance under subsection (1A) must include guidance about any material which may be produced by NHS bodies for use for the purposes of sex education in schools.
(1D) The Secretary of State may at any time revise his guidance under subsection (1A)."
(4) In subsection (2) of that section—
(a) for "subsection (1)" substitute "this section", and
(b) at the end insert "and "NHS body" has the same meaning as in section 22 of the National Health Service Act 1977."
(5) In section 404 (sex education: statements of policy) after subsection (1) insert—
"(1A) A statement under subsection (1) must include a statement of the effect of section 405.".'.
Mr Malcolm Wicks
303
Schedule 8, page 82, line 11, at end insert—
'(g) any institution which receives funding from the National Council for Education and Training for Wales (whatever proportion that funding represents of the institution's total funding) and which is specified in, or is of a class or description specified in, the regulations."'.
Mr Tim Boswell
Mr James Clappison
331
Schedule 8, page 82, line 23, leave out subparagraph 3.
Mr Malcolm Wicks
363
Schedule 8, page 83, line 11, at end insert—
'.—(1) Section 44 of that Act (collective worship) is amended as follows.
(2) For subsections (1) and (2) substitute—
"(1) This section applies to any institution within the further education sector which is principally concerned with the provision of full-time education suitable to the requirements of persons over compulsory school age who have not attained the age of nineteen years.
(2) An institution is of voluntary origin for the purposes of this section if—
(a) immediately before it joined the further education sector it was a voluntary school (within the meaning of the Education Act 1996),
(b) immediately before it joined the further education sector it was a foundation or voluntary school (within the meaning of the School Standards and Framework Act 1998) having a foundation established otherwise than under that Act,
(c) it is designated for the purposes of this paragraph by order of the Secretary of State, or
(d) it is formed by or for the purpose of merging two institutions both of which were within paragraphs (a) to (c).
(2A) The governing body of an institution to which this section applies shall ensure that at an appropriate time on at least one day in each week during which the institution is open an act of collective worship is held at the institution which persons receiving education at the institution may attend."
(3) In subsection (3)(b) for "became a further education institution" substitute "joined the further education sector".
(4) In subsection (4) for "other further education institutions" substitute "other institutions to which this section applies".
(5) In subsection (5) for "a further education institution" substitute "an institution to which this section applies".
(6) Omit subsection (6).
(7) At the end of the section insert—
"(7) In the application of this section to an institution which is of voluntary origin by virtue of subsection (2)(d), subsection (3)(b) shall be taken as referring to the religious traditions and practices of the two institutions mentioned in subsection (2)(d)."
.—(1) Section 45 of that Act (religious education) shall be amended as follows.
(2) For subsections (1) and (2) substitute—
"(1) This section applies to any institution to which section 44 of this Act applies.
(2) An institution is of voluntary origin for the purposes of this section if it is of voluntary origin for the purposes of section 44 of this Act.
(2A) The governing body of an institution to which this section applies shall ensure that religious education is provided at the institution for all persons attending the institution who wish to receive it."
(3) In subsection (3) for "a further education institution" substitute "an institution to which this section applies".
(4) In subsection (5)—
(a) for "each further education institution" substitute "institution to which this section applies",
(b) in paragraph (a)(ii) for "became a further education institution" substitute "joined the further education sector", and
(c) in paragraph (b) for "further education institutions" substitute "other institutions to which this section applies".
(5) Omit subsection (6).
(6) At the end of the section insert—
"(7) In the application of this section to an institution which is an institution of voluntary origin by virtue of section 44(2)(d), subsection (5)(a)(ii) shall be taken as referring to the religious traditions and practices of the two institutions mentioned in section 44(2)(d).".'.
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