Amendment Paper as at
Tuesday 27th June 2000
CONSIDERATION OF BILL
LEARNING AND SKILLS BILL [LORDS], AS AMENDED
NOTE
The Amendments have been arranged in accordance with the Order to be proposed by Mr Secretary Blunkett.
Mr Secretary Blunkett
To move, That the Bill, as amended, be considered in the following order: New Clauses relating to city academies; amendments relating to Clauses 124 to 126 and Schedule 8; New Clauses relating to selective admissions policy; amendments relating to Clause 135; New Clauses relating to Part I; amendments relating to Part I; New Clauses relating to Part II; amendments relating to Part II; New Clauses relating to Part III; amendments relating to Part III; New Clauses relating to Part IV; amendments relating to Clauses 71 to 123 and Schedule 7; amendments relating to Clauses 127 to 134; amendments relating to Clauses 136 to 143 and Schedules 9 and 10; Remaining New Clauses; New Schedules; amendments relating to Schedule 11.
NEW CLAUSE RELATING TO CITY ACADEMIES
City academies: financial provisions
Mr Secretary Blunkett
NC20
To move the following Clause:—
' . In section 483 of the Education Act 1996 (city colleges: financial provisions) after subsection (3) there shall be inserted—
"(3A) If the school is a city academy, subsection (3) shall apply with such modifications (if any) as may be specified by the Secretary of State by order."'.
Mr Graham Brady
84
Page 59, line 13 [Clause 124], leave out subsection (2) and insert—
'(2) In subsection (2), omit subsections 2(b) and (c) and insert "and either
(b) provides education for pupils of different abilities who have attained the age of 11 and who are wholly or mainly drawn from the area in which the school is situated, and has a broad curriculum with an emphasis either on science and technology or on technology in its application to the performing and creative arts, or
(c) provides education for pupils of high ability selected by examination, and has a broad curriculum with an emphasis on such specialisms as the governing body may decide.".'.
Mr Graham Brady
85
Page 59, line 22 [Clause 124], at end insert—
( ) English language and literature;'.
Mr Graham Brady
86
Page 59, line 23 [Clause 124], at end insert—
'(2B) The city academy or college may select up to 10 per cent. of its admissions by reference to aptitude for each of the subject areas listed in section (2A).'.
Valerie Davey
Mr Hilary Benn
71
Page 59, line 32 [Clause 124], at end insert—
'( ) After subsection (3A) insert—
"(3B) Before entering into an agreement under this section in relation to a school to be known as a city academy, the Secretary of State must consult the local education authorities referred to in subsection (3C) about the establishment of the school.
(3C) The authorities are—
(a) the local education authority in whose area the school is to be situated, and
(b) if the Secretary of State thinks a significant proportion of the pupils at the school is likely to be resident within the area of another local education authority, that authority.".'.
Mr Hilary Benn
Valerie Davey
75
Page 59, line 36 [Clause 124], at end insert—
'(6A) Sections 84, 86, 88, 89, 90, 92 and 99 to 103 of the School Standards and Framework Act 1998 shall apply to city academies as if they were maintained schools insofar as they relate to the powers and functions of the Adjudicator.'.
Mrs Theresa May
Mr Tim Boswell
Mr James Clappison
Mr John Bercow
79
Page 59, line 36 [Clause 124], at end insert—
'(6A) The Secretary of State may by order prescribe the proportion of pupils entering city academies each year who may be selected on the basis of their aptitude; and (notwithstanding section 139(2) of this Act) an order made under this subsection shall be subject to approval by a resolution of each House of Parliament.'.
Mr Phil Willis
Mr Richard Allan
1
Page 59, line 37 [Clause 124], at end add—
'(8) No such scheme shall be made without prior consultation with the relevant local education authority.'.
Mrs Theresa May
Mr Tim Boswell
Mr James Clappison
Mr John Bercow
80
Page 59, line 40 [Clause 125], at end add—
(3) The Secretary of State shall make a report to Parliament each year on the operation of the provisions contained in Schedule 8'.
Mrs Theresa May
Mr Tim Boswell
Mr James Clappison
Mr John Bercow
81
Page 60, line 4 [Clause 126], leave out 'if the condition in subsection (3) is satisfied'.
Mrs Theresa May
Mr Tim Boswell
Mr James Clappison
Mr John Bercow
82
Page 60 [Clause 126], leave out lines 12 to 16.
Mr Secretary Blunkett
107
Page 94, line 31 [Schedule 8], at end insert 'or the Secretary of State thinks it is about to be no longer so used.'.
Valerie Davey
Mr Hilary Benn
72
Page 94, line 31 [Schedule 8], at end insert—
'(d) before making the scheme the Secretary of State consulted the authority.'.
Mr Secretary Blunkett
108
Page 94, line 47 [Schedule 8], at end insert—
'(4A) A scheme must be so expressed that it does not come into force while the land concerned is used as mentioned in sub-paragraph (1)(b).'.
Mr Secretary Blunkett
109
Page 95, line 1 [Schedule 8], after first 'force' insert '(a)'.
Mr Secretary Blunkett
110
Page 95, line 1 [Schedule 8], at end insert ', or
(b) on the day it otherwise identifies as the day for it to come into force.'.
Mr Secretary Blunkett
111
Page 95, line 14 [Schedule 8], leave out from first 'to' to end of line 15 and insert 'make a disposal in respect of the interest, or to enter into a contract to make a disposal in respect of it, or to grant an option to make an acquisition in respect to it.'.
Mr Secretary Blunkett
112
Page 95, line 21 [Schedule 8], leave out 'to' and insert 'in favour of'.
Mr Secretary Blunkett
113
Page 95, line 24 [Schedule 8], leave out 'acquire' and insert 'make an acquisition'.
Mr Secretary Blunkett
114
Page 95, line 35 [Schedule 8], leave out 'dispose' and insert 'make a disposal in respect'.
Mr Secretary Blunkett
115
Page 95, line 37 [Schedule 8], after 'interest' insert 'concerned'.
Mr Secretary Blunkett
116
Page 95, line 41 [Schedule 8], after 'disposal' insert 'in respect'.
Mr Secretary Blunkett
117
Page 95, line 43 [Schedule 8], after 'interest' insert 'concerned'.
Mr Secretary Blunkett
118
Page 96, line 10 [Schedule 8], at end insert—
'3A.—(1) For the purposes of paragraphs 2 and 3—
(a) references to a disposal in respect of an interest are to a disposal of the whole interest or of a lesser interest;
(b) references to an acquisition in respect of an interest are to an acquisition of the whole interest or of a lesser interest.
(2) If the disposal referred to in paragraph 3(3) or (5) is a disposal of a lesser interest, the reference there to the interest concerned is to the lesser interest.'.
Mr Secretary Blunkett
119
Page 96, line 10 [Schedule 8], at end insert—
'Restriction on appropriation
3B.—(1) Sub-paragraph (2) applies if—
(a) a freehold or leasehold interest in land is held by a local education authority,
(b) at any time in the period of 5 years ending with the day on which this Act is passed the land was used wholly or mainly for the purposes of a county school or community school, and
(c) the authority proposes to make an appropriation of the land under section 122 of the Local Government Act 1972.
(2) Unless the Secretary of State consents, the authority must not make the appropriation.
3C.—(1) This paragraph applies if an authority makes an appropriation in contravention of paragraph 3B(2).
(2) The Secretary of State may purchase the interest concerned compulsorily.
(3) Paragraph 3(6) to (9) apply to a compulsory purchase of an interest under sub-paragraph (2) above as they apply to a compulsory purchase of an interest under paragraph 3(5).'.
Mr Secretary Blunkett
120
Page 96, line 26 [Schedule 8], at end insert 'and
(c) the first or the second condition set out below is satisfied.
(1A) The first condition is that-'.
