S.C.G.
Amendment Paper as at
Tuesday 22nd January 2002
STANDING COMMITTEE G
New Amendments handed in are marked thus *
EDUCATION BILL
NOTE
The Amendments have been arranged in accordance with the Orders of the Committee [11th, 13th and 18th December and 10th and 17th January].
Mr Graham Brady
Mrs Eleanor Laing
Mr Stephen O'Brien
551
Clause 145, page 86, line 8, after 'shall', insert 'having consulted providers of and users of childcare facilities in their area,'.
Chris Grayling
552
Clause 145, page 86, line 18, at end insert 'and the Secretary of State shall provide funding to cover the additional costs of doing so.'.
Mr Graham Brady
Mrs Eleanor Laing
Mr Stephen O'Brien
Chris Grayling
Mr Andrew Turner
554
Clause 155, page 90, line 8, at beginning insert 'Save as under section [New Independent Schools].'.
Mr Andrew Turner
549
Clause 155, page 90, line 9, at end insert 'save under subsection (8) below.'.
Andrew Turner
553
Clause 155, page 90, line 30, at end insert—
'(8) A person may conduct an independent school which is not registered subject to the following conditions—
| (a) | that in all literature, websites, advertising, contracts or other information circulated by or on behalf of the school it is made clear at every references to the school that it is "unapproved", and that such information contain a statement of the information in (c) below |
| (b) | that each parent of any pupil, each year, and each parent of any applicant for admission, prior to accepting a place, be told in writing that the school is "unapproved" and be given the information contained in (c) below |
| (c) | the information is that the school is neither inspected by or on behalf of Her Majesty's Chief Inspector nor registered to meet certain standards by the Secretary of State or (as the case may be) the National Assembly for Wales.'. |
Mr Graham Brady
Mrs Eleanor Laing
Mr Stephen O'Brien
Chris Grayling
Mr Andrew Turner
534
Clause 156, page 90, line 35, after 'proprietor', insert 'or other appropriate authority.'.
Mr Graham Brady
Mrs Eleanor Laing
Mr Stephen O'Brien
Chris Grayling
Mr Andrew Turner
545
Clause 158, page 91, line 28, at beginning insert 'Save as under sub-sections 158(8) and (9)'.
Mr Graham Brady
Mrs Eleanor Laing
Mr Stephen O'Brien
Chris Grayling
Mr Andrew Turner
546
Clause 158, page 92, line 13, at end insert—
'(8) Subsection 158(1) shall not apply—
| (a) | for twelve months following the death of a proprietor; |
| (b) | for twelve months where a school has changed address in circumstances which could not reasonably have been forseen by the proprietor; |
| (c) | where a change referred to in subsection 156(2)(a) to (c) would not constitute a significant alteration to the school; |
| (d) | where the registration authority has received an application under section 150(3) proposing a material change but the application has not been determined in time for that change to take effect.'. |
Mr Graham Brady
Mrs Eleanor Laing
Mr Stephen O'Brien
Chris Grayling
Mr Andrew Turner
547
Clause 158, page 92, line 13, at end insert—
'(9) Where other evidence (under subsection (7) (b) above) has been taken into account, until the applicant has had the opportunity to consider that evidence and the registration authority has considered any representations made.'.
Mr Stephen Timms
276
Clause 160, page 92, leave out lines 38 to 43 and insert—
'(2) If the inspection is conducted by a registered inspector—
| (a) | he may, by agreement with the Chief Inspector, be assisted by the Chief Inspector, and |
| (b) | he may be assisted by such one or more persons enrolled in the list kept under paragraph 3A of Schedule 3 to the School Inspections Act 1996 (c.57) as he may determine, subject to paragraph 3(5) of that Schedule and subsection (3) below. |
(3) If the Chief Inspector so requires, a registered inspector shall be assisted by at least one person enrolled in the list referred to in subsection (2)(b)—'.
Mr Stephen Timms
277
Clause 160, page 93, line 9, leave out 'and any person monitoring it,' and insert 'any person assisting him pursuant to subsection (2) or (3) and any person monitoring the inspection'.
Mr Graham Brady
Mrs Eleanor Laing
Mr Stephen O'Brien
Chris Grayling
Mr Andrew Turner
548
Clause 160, page 93, line 24, at end insert 'save that no such fee shall unreasonably exceed the cost of conducting the inspection.'.
Mr Stephen Timms
278
Clause 161, page 93, leave out line 43 and insert 'before the date specified in the notice (or such later date as the authority may specify after service of the notice)'.
Mr Stephen Timms
279
Clause 161, page 94, line 38, leave out from 'to be' to the end of line 42 and insert 'varied or revoked, the authority shall—
| (a) | vary or revoke the order as requested in the application, if it is satisfied that it is appropriate to do so because of any change of circumstance, and |
| (b) | in any other case, refuse to do so.'. |
Mr Stephen Timms
280
Clause 161, page 94, line 43, after 'The', insert 'variation or'.
Mr Stephen Timms
281
Clause 161, page 94, line 44, leave out 'the revocation' and insert 'it'.
Mr Stephen Timms
282
Clause 162, page 95, line 13, after 'to', insert 'vary or'.
Mr Stephen Timms
283
Clause 163, page 96, leave out lines 19 to 25 and insert—
'(7) In the case of an appeal against a refusal under section 161(10) to vary or revoke an order under section 161(8), the tribunal may—
| (a) | uphold the refusal, or |
| (b) | if in any case it is satisfied that it is appropriate to do so because of any change of circumstance after the making of the order— |
(i) vary the order in such manner as it thinks fit, or
Mr Phil Willis
Mr David Laws
555
Clause 172, page 99, line 37, at end insert—
'(2A) In section 6 (financial resources: conditions)—
after subsection (6) there is inserted
"(7) Regulations may be made under this section making provision requiring any person to whom resources are provided under section 5(1)(ea) to satisfy conditions relating to any matter referred to in subsections (3), (4) or (5) of this section or to any other matter as the Secretary of State may consider appropriate.".'.
Mr Phil Willis
Mr David Laws
556
Clause 172, page 100, line 5, after '1996', insert—
'(11) The powers of the Secretary of State and the Chief Inspector under this section shall not be exercisable with the consequence that a school at which pupils of compulsory school age are registered shall be subject to inspection as part of an area inspection and to inspection under section 10 of the School Inspections Act 1996 at intervals of eighteen months or less.'.
Mr Graham Brady
Mrs Eleanor Laing
Mr Stephen O'Brien
Chris Grayling
Mr Andrew Turner
536
Clause 175, page 104, line 10, after 'allowance', insert '(this determination may relate to the personal circumstances of the person but not to the locality where that person resides).'.
Mr Stephen Timms
296
Clause 177, page 106, line 10, leave out from 'authority' to end of line.
Mr Stephen Timms
297
Clause 177, page 106, line 17, leave out from 'authority' to end of line.
Mr Stephen Timms
550
Clause 180, page 107, line 35, after second 'of' insert 'amounts payable in respect of'.
Mr Graham Brady
Mrs Eleanor Laing
Mr Stephen O'Brien
Chris Grayling
Mr Andrew Turner
533
Clause 180, page 108, line 7, after 'regulations', insert ', according to criteria which may include the nature of employment undertaken by a person, or that person's income but not the type of school within which a person is employed.'.
Mr Phil Willis
Mr David Laws
557
Schedule 17, page 175, line 16, at end insert—
'In section 2(7) of that Act after paragraph (a) there is inserted—
| "(b) | shall at least once in each period of five years commencing upon the coming into effect of this Act carry out a review of the system and framework of inspection and report thereon to the Secretary of State who shall lay a copy of that report before each House of Parliament.'. |
