Vote Bundle Text (920201-03)

Amendments proposed to the Education Bill, As Amended - continued	House of Commons

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NEW CLAUSES RELATING TO PART 8

Pay and conditions order

Mr Phil Willis
Mr David Laws

NC13

To move the following Clause:—

'(1) In section 2 of the School Teachers' Pay and Conditions Act 1991 (c 49) there is inserted at the end of subsection 9

"(10)

A pay and conditions order must be made by the end of December for the following financial year.".'.

OTHER NEW CLAUSES

Further education institution: hazardous material, &c.

Secretary Estelle Morris

NC16

To move the following Clause:—

'(1) The Secretary of State may by regulations require the governing body of a further education institution in England to prevent the use in the institution of specified equipment or specified materials without the approval of the Secretary of State.

(2) The Secretary of State may specify equipment or materials under this section only if he thinks the equipment or materials might endanger a person's health or safety.

(3) The National Assembly for Wales may by regulations require the governing body of a further education institution in Wales to prevent the use in the institution of specified equipment or specified materials without the approval of the Assembly.

(4) The National Assembly for Wales may specify equipment or materials under this section only if it thinks the equipment or materials might endanger a person's health or safety.

(5) In this section "further education institution" means an institution within the further education sector.'.

Special educational needs

Mr Andrew Turner

NC19

*To move the following Clause:—

'(1) Subject to subsection (2) the Secretary of State (or, as the case may be, the National Assembly for Wales) shall make arrangements to refund the cost falling to local authorities and health authorities in providing for children with special educational needs.

(2) The Secretary of State (or, as the case may be, the National Assembly for Wales) shall not be responsible for refunding costs falling on the local education authority.

(3) Part IV, Chapter I of the Education Act 1996 shall be amended as follows—

(a)	in section 312(4) leave out from "(a)" to "and" and insert—

"(a) in relation to a child who has attained the age of two, health, social services educational provision which is additional to, or otherwise different from, such provision made generally for children of his age in schools (other than special schools) maintained by the local education authority, or at home, and";

(b)	in section 313(1) after "shall", insert "in consultation where appropriate with the Secretary of State for Health";

(c)	in section 322 leave out subsections (2), (3) and (4);

(d)	in section 322 after "question", insert—

"( ) A local authority or a health authority shall assist the local education authority in undertaking any assessment, review or appeal under sections 323 to 336."

(e)	in section 325(5)(a)(ii) leave out "may" and insert "shall".

(f)	after section 332 insert—

"332A. The local education authority and the Special Educational Needs Tribunal shall in assessing or reviewing a child's special needs have regard to the effect on his education of health and social services provision."

(4) In this section and sections 312 to 336 of the Education Act 1996 "health authority" means such National Health Service body as designated by the Secretary of State for Health.'.

Mr Damian Green
Mr Graham Brady
Alistair Burt
Mrs Eleanor Laing
Mr Stephen O'Brien

Page 2, line 28 [Clause 2], at end insert 'except section 317 of the Education Act 1996 (duties of governing body or LEA in relation to pupils with special educational needs).'.

Mr Phil Willis
Mr David Laws

Page 4, line 34 [Clause 6], at beginning insert—

'Subject to the provisions of subsection (4)'.

Mr Phil Willis
Mr David Laws

Page 5, line 9 [Clause 6], at end insert—

'(e)	make further provision for the pay and conditions of persons employed to work at the school to be settled by agreement between or in a manner agreed between teachers and local education authorities or teachers and governing bodies and to be given effect in such manner as may be prescribed.'.

Mr Phil Willis
Mr David Laws

Page 5, line 10 [Clause 6], at beginning insert—

'Subject to the provisions of subsection (4)'.

Mr Phil Willis
Mr David Laws

Page 5, line 19 [Clause 6], at end insert—

'(3A) No order may be made under subsection (2) nor may any provision be made in such an order unless the Secretary of State or the National Assembly for Wales as the case may be is satisfied that such order or provision may be made without detriment to the education at the school of pupils having special educational needs.'.

Mr Phil Willis
Mr David Laws

Page 5, line 30 [Clause 6], at end insert—

'(6) In so far as regulations made under this section relate to a curriculum provision they shall, in addition to providing for an exemption or modification, require persons responsible for the delivery of the curriculum in any school to have regard to the need to maintain a balanced and broadly based curriculum.'.

Mr Damian Green
Mr Graham Brady
Alistair Burt
Mrs Eleanor Laing
Mr Stephen O'Brien

130

*Page 5, line 30 [Clause 6], at end insert—

'(6) No regulations under subsection (1) shall limit or reduce the provision of Special Education Needs in any qualifying school.'.

Mr Damian Green
Mr Graham Brady
Alistair Burt
Mrs Eleanor Laing
Mr Stephen O'Brien

131

*Page 5, line 37 [Clause 7], at end insert 'and, in particular, parents of pupils with Special Education Needs.'.

Mr Phil Willis
Mr David Laws

103

*Page 6, line 32 [Clause 10], leave out 'companies' and insert 'bodies corporate'.

Mr Phil Willis
Mr David Laws

104

*Page 6, line 40 [Clause 10], leave out 'company' and insert 'body corporate'.

Mr Phil Willis
Mr David Laws

105

*Page 6, line 41 [Clause 10], leave out 'company' and insert 'body corporate'.

Mr Phil Willis
Mr David Laws

106

*Page 7, line 1 [Clause 10], leave out 'company' and insert 'body corporate'.

Mr Phil Willis
Mr David Laws

107

*Page 7, line 4 [Clause 10], leave out 'companies' and insert 'bodies corporate'.

Mr Phil Willis
Mr David Laws

108

*Page 7, line 7 [Clause 10], leave out 'company' and insert 'body corporate'.

Mr Phil Willis
Mr David Laws

109

*Page 7, line 8 [Clause 10], leave out 'company' and insert 'body corporate'.

Mr Phil Willis
Mr David Laws

110

*Page 7 [Clause 10], leave out lines 16 and 17 and insert '"body corporate" means a body constituted in accordance with regulations.'.

Mr Phil Willis
Mr David Laws

111

*Page 7, line 29 [Clause 10], leave out 'company' and insert 'body corporate'.

Mr Phil Willis
Mr David Laws

112

*Page 7, line 30 [Clause 10], leave out 'company' and insert 'body corporate'.

Mr Phil Willis
Mr David Laws

113

*Page 7, line 39 [Clause 11], leave out 'company' and insert 'body corporate'.

Mr Phil Willis
Mr David Laws

114

*Page 7, line 41 [Clause 11], leave out 'company' and insert 'body corporate'.

Mr Phil Willis
Mr David Laws

115

*Page 7, line 43 [Clause 11], leave out 'company' and insert 'body corporate'.

Mr Phil Willis
Mr David Laws

Page 7, line 43 [Clause 11], leave out 'if regulations so provide'.

Mr Damian Green
Mr Graham Brady
Alistair Burt
Mrs Eleanor Laing
Mr Stephen O'Brien

Page 8, line 1 [Clause 11], leave out paragraph (b) and insert—

'(b)	be a company within the meaning of the Companies Act 1985 (c.6).'.

Mr Phil Willis
Mr David Laws

Page 8, line 3 [Clause 11], at end insert—

'(ba)

be prohibited by its constitution from distributing profits derived from any activity in which the company may engage otherwise than for the benefit of education provided in participating schools'.

Mr Phil Willis
Mr David Laws

116

*Page 8, line 4 [Clause 11], leave out 'company' and insert 'body corporate'.

Mr Damian Green
Mr Graham Brady
Alistair Burt
Mrs Eleanor Laing
Mr Stephen O'Brien

Page 8, line 4 [Clause 11], after 'company', insert—

'(ia)

in the indemnification of all the company's liabilities by either

(a) the local education authority, or, failing whom,

(b) the Secretary of State as guarantor of last resort

in the event of the failure of the company.'.