Designated institutions: disposal of land, &c.
Mr Malcolm Wicks
NC23
To move the following Clause:—
'.—(1) This section applies to land which after the coming into force of this section is transferred to trustees under section 32(3)(b) of the Further and Higher Education Act 1992 (transfer of property on designation of institution).
(2) This section also applies to land which—
(a) is held by trustees for the purposes of an institution which became a designated institution after the coming into force of this section, and
(b) was acquired or enhanced in value wholly or partly by means of money paid under section 65 of the Education Act 1996 (grants) or paragraph 5 of Schedule 3 to the School Standards and Framework Act 1998 (grants).
(3) If trustees dispose of land to which this section applies they shall notify the appropriate council.
(4) If trustees dispose of land to which this section applies they shall pay to the appropriate council so much of the proceeds of disposal as may be determined to be just—
(a) by agreement between the trustees and the council, or
(b) in default of agreement, by the Secretary of State.
(5) In making a determination under subsection (4) regard shall be had, in particular, to—
(a) the value of the land at the date of the determination, and
(b) any enhancement of the land's value which is attributable to expenditure by the trustees or the governing body of the designated institution.
(6) More than one determination may be made under subsection (4) in relation to a particular disposal where it is just to do so, in particular where the disposal involves the creation of a lease.
(7) If trustees permit land to which this section applies to be used for purposes not connected with the designated institution—
(a) they shall be treated for the purposes of this section as having disposed of the land, and
(b) subsection (4) shall have effect as if the reference to the proceeds of disposal were a reference to the value of the land.
(8) Where a designated institution has ceased to exist—
(a) this section applies to land which satisfied subsection (1) or (2) immediately before the institution ceased to exist, and
(b) in subsection (7) the reference to purposes not connected with the designated institution shall be treated as a reference to purposes not connected with an institution within the further education sector (within the meaning given by section 91(3) of the Further and Higher Education Act 1992).
(9) In this section "the appropriate council" means—
(a) the Learning and Skills Council for England, in respect of land in England, and
(b) the National Council for Education and Training for Wales, in respect of land in Wales.'.
Support for 13 to 19 year olds: inspection
Mr Malcolm Wicks
NC24
To move the following Clause:—
'.—(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 pursuance of section 103(1),
(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, and
(d) may undertake such other inspections of the provision of those services 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) A reference in subsection (1) to the provision of services includes a reference to the management and use of resources in providing services.
(4) Subsections (5) to (7) apply to an inspection under subsection (1)(c) or (d) of services provided by a person or institution in pursuance of section 103(1).
(5) 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).
(6) Section 42A of the 1996 Act (publication of reports) shall apply.
(7) 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.'.
Financial support for students
Mr Malcolm Wicks
NC26
To move the following Clause:—
' .—(1) The Teaching and Higher Education Act 1998 shall be amended as follows.
(2) In section 22 (new arrangements for giving financial support to students)—
(a) in subsection (1) for "attending" substitute "undertaking", and
(b) in subsections (2)(h) and (7) omit "attendance on".
(3) In section 23 (transfer or delegation of functions relating to student support) in subsection (1)(b)—
(a) for "at" substitute "with", and
(b) for "attending" substitute "undertaking".
(4) In section 26 (imposition of conditions as to fees at further or higher education institutions) in subsections (4), (5) and (10)(b) for "attending" (in each place) substitute "undertaking".
(5) In section 28(1) (interpretation) in the definition of "fees" for "attendance on" (in each place) substitute "undertaking".'.
City academies
Mr Malcolm Wicks
NC27
To move the following Clause:—
' .—(1) Section 482 of the Education Act 1996 (city technology colleges and city colleges for the technology of the arts) shall be amended as follows.
(2) In subsection (2)(c)—
(b) after "arts" insert "or on a subject area mentioned in subsection (2A)".
(3) After subsection (2) insert—
"(2A) The subject areas are—
(a) modern foreign languages;
(b) visual arts, performing arts, media arts (or any combination of them);
(d) any subject specified by order by the Secretary of State."
(4) In subsection (3) after paragraph (b) insert ", or
(c) as a city academy, if the emphasis of its curriculum is on a subject area mentioned in subsection (2A)".
(5) After subsection (3) insert—
"(3A) A school established on or after the relevant day and which would otherwise, by virtue of subsection (3), be known as a city technology college or a city college for the technology of the arts may instead, if the person carrying it on so chooses, be known as a city academy."
(6) After subsection (5) insert—
"(6) For the purposes of subsection (3A) the relevant day is the day on which section (City academies) of the Learning and Skills Act 2000 comes into force."
(7) This section does not apply to schools in Wales.'.
As an Amendment to Mr Malcolm Wicks's proposed new Clause (NC27) (City academies):
Mr Phil Willis
Mr Richard Allan
(a)
*Line 23, at end add—
'(8) No such scheme shall be made without prior consultation with the relevant local education authority.'.
City colleges and academies: special educational needs
Mr Malcolm Wicks
NC28
To move the following Clause:—
' . After section 483 of the Education Act 1996 there shall be inserted—
| "City colleges and academies: special educational needs. | 483A.—(1) This section applies in relation to any child falling within subsection (2) if the condition in subsection (3) is satisfied.
(2) A child falls within this subsection if—
(3) The condition in this subsection is satisfied if—
(a) the school is approved by the Secretary of State under section 347(1), or
(b) the Secretary of State consents to the child being educated at the school.
(4) The Secretary of State may by regulations make provision for securing that arrangements are made—
(a) for making the special educational provision specified in the statement;
(b) for making any non-educational provision specified in the statement.
(5) Regulations under subsection (4) may require or authorise a local education authority—
(a) to make payments to the school in respect of the child, or
(b) to provide any other assistance to the school in respect of the child.
(6) No condition or requirement imposed by virtue of section 482(4)(a) is to prevent a local education authority making payments or providing assistance by virtue of subsection (5).
(7) This section does not apply to schools in Wales.".'. |
City academies: land
Mr Malcolm Wicks
NC29
To move the following Clause:—
' .—(1) Schedule (City academies: land) contains provisions about land in relation to city academies.
(2) That Schedule does not apply to land in Wales.'.
Further Education Funding Council: transfer of property
Mr Tim Boswell
Mr James Clappison
NC21
To move the following Clause:—
'.—No action in connection with the distribution of the property, rights and liabilities of the Further Education Funding Council for England or any related scheme for the transfer of property shall be taken to affect the interests of further education corporations.'.
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