|
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". |
(a) after paragraph (c) 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
404
*Schedule 21, page 192, line 29, after '142(1)",', insert—
'( ) in the entry beginning "qualified teacher" for "qualified teacher" there is substituted "school teacher",'.
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)".'. |
Mr Stephen Timms
405
*Schedule 21, page 194, line 10, at end insert—
| | '65A | In Schedule 32 to the School Standards and Framework Act 1998 (transitional provisions), paragraph 7 is omitted.'. |
Mr Stephen Timms
406
*Schedule 21, page 194, line 11, at end insert—
| '65B | Section 5 of the Protection of Children Act 1999 (prohibiting or restricting employment of teachers, &c.) shall cease to have effect. |
| 65C (1) | Section 7 of the Protection of Children Act 1999 (effect of inclusion in lists of individuals unsuitable to work with children) is amended as follows. |
(a) in paragraph (a), sub-paragraphs (ii) and (iii) are omitted,
(b) in paragraph (b), for "any of those lists" there is substituted "that list", and
(c) after paragraph (b) there is inserted—
| "(c) | shall ascertain whether he is subject to a direction under section 138 of the Education Act 2002, given on the grounds that he is unsuitable to work with children; and |
| (d) | if he is subject to a direction under that section given on those grounds, shall not offer him employment in a child care position". |
(a) in paragraph (a), for "any of the lists mentioned in subsection (1) above" there is substituted "the list kept under section 1 above or subject to a direction under section 138 of the Education Act 2002, given on the grounds that he is unsuitable to work with children",
(b) the word "and" immediately preceding paragraph (c) is omitted,
(c) in paragraph (c), for "any of those lists" there is substituted "the list kept under section 1 above", and
(d) after paragraph (c) there is inserted "; and
| (d) | if the individual was subject to a direction under section 138 of the Education Act 2002, given on the grounds that he is unsuitable to work with children, does not offer him employment in a child care position". |
| (4) | Subsection (4) is omitted. |
| | 65D | In section 9(2) of the Protection of Children Act 1999 (proceedings of the Tribunal), for paragraph (b) there is substituted— |
| "(b) | on an appeal, application for leave or review under section 139 of the Education Act 2002;".'. |
Mr Stephen Timms
407
*Schedule 21, page 194, line 14, at end insert—
| '66A(1) | Section 12 of the Protection of Children Act 1999 (interpretation) is amended as follows. |
| (2) | In subsection (1), the definition of "the 1988 Act" is omitted. |
| (3) | In subsection (3), for paragraph (a) there is substituted— |
| "(a) | it involves work to which section 138 of the Education Act 2002 applies;".'. |
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".'. |
Mr Stephen Timms
408
*Schedule 21, page 194, line 24, at end insert—
| 67A (1) | Section 35 of the Criminal Justice and Court Services Act 2000 (persons disqualified from working with children: offences) is amended as follows. |
| (2) | For subsection (4)(b) there is substituted— |
| "(b) | he is subject to a direction under section 138 of the Education Act 2002 (prohibition from teaching, &c.), given on the grounds that he is unsuitable to work with children,". |
| (3) | Subsection (5) is omitted.'. |
Mr Andrew Turner
137
Schedule 22, page 198, line 11, leave out 'Sections 36 to 44.'.
Mr Andrew Turner
195
Schedule 22, page 198, line 11, leave out '44' and insert '38'.
Mr Andrew Turner
143
Schedule 22, page 198, line 19, leave out 'Sections 64 to 68.'.
Mr Andrew Turner
164
Schedule 22, page 198, line 23, after '93.' insert 'sections 104 to 109'.
Mr Andrew Turner
196
Schedule 22, page 198, line 50, leave out '13' and insert '11'.
Mr Andrew Turner
144
Schedule 22, page 198, line 51, leave out 'to 18' and insert 'to 17'.
NEW CLAUSES
City colleges
Mr Stephen Timms
NC5
To move the following Clause:—
'(1) This section applies to a school which is known immediately before the coming into force of section 62 as a city technology college or city college for the technology of the arts.
(2) If the proprietor of the school and the Secretary of State so agree—
| (a) | the agreement made in relation to the school under section 482 of the Education Act 1996 (c.56) as it had effect at the time the agreement was made shall for all purposes be regarded as having been made under that section as substituted by section 62, and |
| (b) | accordingly, the school shall be known as an Academy. |
(3) Subject to subsection (2), the agreement made in relation to the school under section 482 of the Education Act 1996 (c.56) as it had effect at the time the agreement was made is not affected by anything in section 62.'.
Education credits
Mr Andrew Turner
NC1
To move the following Clause:—
'(1) In this section and section 13 "education credit" means the entitlement to a sum of money of a person in circumstances mentioned in subsection (2) and calculated in accordance with subsection (3) which may only be used at an independent school in consideration of the education of a child in respect of whom the credit is provided;
(2) Those circumstances are—
| (a) | that the person is the parent or guardian of a child of statutory school age; |
| (b) | that the person has, in respect of the child, expressed and given reasons for a preference as to the school at which he wishes education to be provided for that child; |
| (c) | that a local authority or governing body has not complied with such preference; |
| (d) | that the child has been admitted to an independent school or will be admitted subject to the availability of an education credit; and |
| (e) | that the child has not been educated in an independent school, other than when his parent or guardian is entitled to an education credit, for more than six months in the preceding three years. |
(3) The education credit shall be calculated each year so far as reasonably practicable to reflect the amount by which the budget share of a school maintained by that local education authority would be adjusted were a child of that age to be admitted to that school;
(4) The local education authority shall make arrangements
| (a) | to publish information on the value of the education credit for children of each year of statutory school age; |
| (b) | to pay to each independent school at which a child in receipt of an education credit is educated a sum equivalent to the value of that education credit not more than six months after the child has completed each term at the school.'. |
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