Amendments proposed to the Education Bill - continued	House of Commons
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Mr Stephen Timms

311

*Schedule     21,     page     184,     line     38,     at end insert—

'Education Act 1986 (c. 40)

In section 1(1) of the Education Act 1986 (payment of grant) for "either of them" there is substituted "that body".'

   

Mr Stephen Timms

312

*Schedule     21,     page     184,     line     38,     at end insert—

'Education Reform Act 1988 (c. 40)

In section 124(1)(ba) of the Education Reform Act 1988 (power of higher education corporation to provide secondary education) for "to persons who would, if they were pupils at a school, be in the fourth key stage" there is substituted "suitable to the requirements of persons who have attained the age of fourteeen years".'

   

Mr Stephen Timms

313

*Schedule     21,     page     184,     line     38,     at end insert—

'Tribunals and Inquiries Act 1992 (c. 53)

In paragraph 15 of Schedule 1 to the Tribunals and Inquiries Act 1992 (tribunals under general supervision of Council on Tribunals) for paragraphs (b) and (c) there is substituted—

"(b)    exclusion appeal panels constituted in accordance with regulations under section 49 of the Education Act 2002;

(c)   admission appeal panels constituted in accordance with regulations under section 94(5) or 95(3) of the School Standards and Framework Act 1998;".'

   

Mr Stephen Timms

314

*Schedule     21,     page     184,     line     39,     at end insert—

In section 18(1)(aa) of the Further and Higher Education Act 1992 (power of further education corporation to provide secondary education) for "to persons who would, if they were pupils at a school, be in the fourth key stage" there is substituted "suitable to the requirements of persons who have attained the age of fourteeen years".'

   

Mr Stephen Timms

315

*Schedule     21,     page     185,     leave out line 30 and insert—

'(1)

Section 28L of the Disability Discrimination Act 1995 (exclusions) is amended as follows.

(2)	In subsections (2)(a) and (5)(a) for "section 67(1) of the School Standards and Framework Act 1998" there is substituted "section 49 of the Education Act 2002".
(3)	In'.

   

Mr Stephen Timms

316

*Schedule     21,     page     187,     line     21,     at end insert—

'In section 402 of the Education Act 1996 (obligation to enter pupils for public examinations) in subsection (6), for "and" at the end of paragraph (a) there is substituted—

          "(aa) "assessment arrangements" and "fourth key stage"—

(i)   in relation to a school maintained by a local education authority in England, have the same meaning as in Part 6 of the Education Act 2002 (the curriculum in England), and

(ii)   in relation to a school maintained by a local education authority in Wales, have the same meaning as in Part 7 of that Act (the curriculum in Wales); and".'

   

Mr Stephen Timms

317

*Schedule     21,     page     187,     line     39,     after 'State' insert 'and'.

   

Mr Stephen Timms

318

*Schedule     21,     page     187,     line     41,     leave out 'voluntary school' and insert 'by the authority'.

   

Mr Stephen Timms

286

*Schedule     21,     page     188,     line     35,     at end insert—

'33A

In section 533 of the Education Act 1996 (c.56) (duties of governing bodies with respect to provision of school meals etc), for subsection (3)(b) and (c) substitute "and

(b)	charge every person the same price for the same quantity of the same item.".'.

   

Mr Stephen Timms

319

*Schedule     21,     page     189,     line     9,     after '(4B)(a),' there is inserted—

'(a)    after "foundation special school" there is inserted " or maintained nursery school", and

(b)'.   

   

Mr Stephen Timms

320

*Schedule     21,     page     190,     line     8,     at end insert—

'Education Act 1997 (c. 44)

In section 26 of the Education Act 1997 (supplementary provisions relating to discharge by Qualifications and Curriculum Authority of their functions), in subsection (1)(c)(i) for "section 351 of the Education Act 1996" there is substituted "section 74 of the Education Act 2002".

In section 32 of the Education Act 1997 (supplementary provisions relating to discharge by Qualifications, Curriculum and Assessment Authority for Wales of their functions) in subsection (1)(c)(i) for "section 351 of the Education Act 1996" there is substituted "section 95 of the Education Act 2002".'.

   

Mr Stephen Timms

321

*Schedule     21,     page     190,     line     9,     at end insert—

'In section 7 of the School Standards and Framework Act 1998 (approval, modification and review of statement of proposals) subsection (10) is omitted.'.

   

Mr Stephen Timms

322

*Schedule     21,     page     190,     line     18,     at end insert—

46A

(1)

Section 16 of the School Standards and Framework Act 1998 (power of local education authority to appoint additional governors) is amended as follows.

(2)	In subsection (5) for "(despite anything in Part II of Schedule 9)" there is substituted "(despite anything in regulations under section 18 of the Education Act 2002)".

(3)	In subsection (10) for "(despite paragraph 14 of Schedule 9)" there is substituted "(despite anything in regulations under section 18 of the Education Act 2002)".

46B

(1)

Section 18 of the School Standards and Framework Act 1998 (power of Secretary of State to appoint additional governors) is amended as follows.

(2)	In subsection (5) for "(despite anything in Part II of Schedule 9)" there is substituted "(despite anything in regulations under section 18 of the Education Act 2002)"

(3)	In subsection (6)(b) for "paragraph 14 of Schedule 9" there is substituted "regulations under section 18 of the Education Act 2002".'.

   

Mr Stephen Timms

323

*Schedule     21,     page     191,     line     30,     leave out 'In'.

   

   

Mr Stephen Timms

324

*Schedule     21,     page     191,     line     31,     leave out from 'have' to 'subsection' and insert—

'delegated budgets) is amended as follows.

(2)	In subsection (4) for "local schools budget" there is substituted "LEA budget or schools budget".

(3)

In'.

   

Mr Stephen Timms

325

*Schedule     21,     page     192,     leave out paragraph 58 and insert—

'58(1)

Section 127 of the School Standards and Framework Act 1998 (code of practice for securing effective relationships between local education authorities and maintained schools) is amended as follows

(2)	In subsection (2), after "maintained school" there is inserted "or maintained nursery school".

(3)

In subsection (6)— (a)   after paragraph (c) there is inserted— "(cc) section 16A(1)," (b)   paragraphs (e), (f), (h), (i) and (k) are omitted, and (c)   after paragraph (l) there is inserted— "(m)  regulations under section 18 of the Education Act 2002, so far as relating to the appointment of persons as local education authority governors, (n)  regulations under section 28(3) of that Act (governors' reports), (o) regulations under section 30 of that Act (control of school premises), (p) sections 34 and 35 of that Act (staffing) and regulations under those sections, and (q)  Schedule 2 to that Act (effect on staffing of suspension of delegated budget),"'.

   

Mr Stephen Timms

326

*Schedule     21,     page     192,     line     25,     at end insert—

'"foundation governor", in relation to a foundation school, a foundation special school or a voluntary school, means a person appointed as a foundation governor in accordance with regulations under section 18 of the Education Act 2002;".'.   

   

Mr Stephen Timms

327

*Schedule     21,     page     192,     line     29,     leave out 'and' and insert—

'( )   in the entry beginning "foundation governor", for "paragraph 2 of Schedule 9" there is substituted "section 142(1)",

( )   in the entry beginning "individual schools budget", for "section 46(2)" there is substituted "section 45A(3)",

( )   after the entry beginning "land" there is inserted—

"LEA budget (in Part 2)	section 45A(1)", and'.

   

Mr Stephen Timms

328

*Schedule     21,     page     192,     line     31,     at end insert 'and

( )    after the entry beginning "school which has selective admission arrangements" there is inserted—

"schools budget (in Part 2)	section 45A(2)", and'.

   

Mr Stephen Timms

329

*Schedule     21,     page     194,     line     15,     at end insert—

'66A

(1)

Section 7 of the Learning and Skills Act 2000 (funding of school sixth-forms by Learning and Skills Council for England) is amended as follows.

(2)	In subsection (1)(a) for "local schools budget" there is substituted "schools budget".

(3)	In subsection (3) for "Local schools budget" there is substituted "Schools budget".

66B(1)

Section 36 of the Learning and Skills Act 2000 (funding of school sixth-forms by National Council for Education and Training for Wales) is amended as follows.

(2)	In subsection (1)(a) for "local schools budget" there is substituted "schools budget".

(3)	In subsection (3) for "Local schools budget" there is substituted "Schools budget".'.

Prepared 8 Jan 2002